Criminal Law Review Flashcards

This flashcard set covers the essential vocabulary and legal principles for Criminal Law, including theories of punishment, crime elements, mental states (MPC and Common Law), theft offenses, and the various degrees of homicide.

Retributive Punishment

An "eye for an eye" philosophy where the punishment is designed to fit the crime committed.

General Deterrence

The use of an individual offender as an example (e.g., the 3 strikes rule) to prevent the general public from committing crimes.

Specific Deterrence

Punishment aimed at preventing a specific individual from committing future crimes.

Actus Reus

A voluntary act or an omission to act when a legal duty exists (such as special relationships, contracts, or statutory duties) that causes social harm.

Purposely (MPC)

The mental state where it is the actor's "conscious object" to engage in the conduct or cause the specific result.

Knowingly (MPC)

The mental state involving willful blindness or being aware that a result is practically certain to occur.

Recklessly (MPC)

The mental state where an actor "consciously disregards a substantial and unjustifiable risk."

Negligently (MPC)

The mental state where an actor should have been "aware of a substantial and unjustifiable risk."

Transferred Intent

A legal doctrine under both common law and the MPC where a defendant is held criminally liable for an unintended victim if they intended to harm a different person.

Specific Intent

A common law distinction where the defendant expects to achieve a specific consequence, often associated with the acronym MARBLES (Murder, Attempt, Robbery, Burglary, Larceny, Embezzlement, Solicitation).

General Intent

The intent to do the physical act that caused the harm; common in crimes requiring only recklessness or negligence, such as Arson.

Cause-in-fact

A test for causation that asks: "but for the defendant's voluntary act (or omission), the social harm would not have occurred."

Proximate Cause

Legal causation usually satisfied if the result is "natural and probable," even if there are intervening acts by nature, third parties, or the victim.

Temporal Concurrence

The requirement that the defendant must possess the requisite mens rea at the same time they engage in the actus reus.

Motivational Concurrence

The requirement that the mens rea must be the motivating force behind the actus reus.

Larceny (Common Law)

The trespassory taking and carrying away (asportation) of the personal property of another from their possession with the intent to permanently deprive them of it.

Embezzlement

The intentional conversion of the property of another by someone who is already in lawful possession of said property.

Burglary (Common Law)

The breaking and entry of a dwelling house of another at nighttime with the intent to commit a felony therein.

Robbery

A crime against the person defined as larceny (taking personal property in possession of another from their immediate presence) accomplished by means of force or fear.

Malice Aforethought

The mens rea for murder, demonstrated through: 1) Intent to kill, 2) Intent to cause grievous bodily harm, 3) Depraved heart (extreme recklessness), or 4) Felony murder.

Premeditation

A component of first-degree murder where the defendant, with a cool mind, reflects on the killing for at least a short period of time beforehand.

Deliberation

A component of first-degree murder where the decision to kill is made with a cool mind capable of reflection.

Depraved Heart Murder

An implied malice murder involving extreme recklessness demonstrating a disregard for human life without a specific intent to kill (e.g., Malone or Knoller).

Voluntary Manslaughter (Common Law)

An intentional killing committed without malice aforethought in the "heat of passion" resulting from legally adequate provocation before a reasonable cooling-off period.

Involuntary Manslaughter (Common Law)

An unintentional killing committed without malice aforethought, often involving gross negligence, recklessness, or occurring during a misdemeanor.

Murder (MPC § 210.2)

A criminal homicide committed purposely, knowingly, or with extreme recklessness manifesting extreme indifference to the value of human life.

Extreme Mental or Emotional Disturbance (EMED)

An MPC doctrine that reduces murder to manslaughter if the killing was committed under influence for which there is a reasonable explanation or excuse from the actor's viewpoint.

Negligent Homicide (MPC § 210.4)

A criminal homicide committed when the defendant's conduct is a gross deviation from the standard of care a reasonable person would observe, failing to perceive a substantial and unjustifiable risk.