Criminal Law Review Flashcards

This set of flashcards includes key terms and definitions related to criminal law concepts, critical for exam preparation.

Mens Rea (Mistake) LeFave Rule

A defendant's genuine mistake can negate mens rea, even if it's unreasonable.

Perkins Rule

A defendant's reasonable mistake can negate mens rea, but if there's a specific intent requirement, any mistake can negate mens rea.

Homicide

The intentional killing of another person, which can be classified into different categories.

Premeditated Murder

Murder that involves reflection and planning prior to the act.

Heat of Passion

A common law doctrine allowing a defendant to reduce a murder charge to manslaughter when acted in a heat of passion.

Provocation (partial defense)

Allows a defendant to argue for manslaughter if they were provoked into committing the killing.

Manslaughter

A lesser offense than murder, typically involving diminished intent.

Negligent Homicide

Charges for death resulting from actions that show a gross deviation from reasonable care.

Depraved Heart Murder

A form of murder considering recklessness and disregard for human life.

Felony Murder

A legal doctrine where a death occurs during the commission of a dangerous felony.

Actual Cause

The direct cause of the harm or injury in a criminal act.

Substantial Factor Test

A causation test determining if multiple causes are sufficient to establish direct causation.

Conspiracy

An agreement between two or more people to commit a crime.

MPC Test for Insanity

Defendant lacks substantial capacity to appreciate the criminality of their conduct due to mental disease.

Common Law Insanity Test

M'Naghten Rule: Unawareness of the act or that it was wrong due to mental illness.

Duress

A defense suggesting that a defendant acted under threat of immediate harm.

Self Defense

A justification for using force, consisting of a reasonable belief in the threat of harm.

Duty to Retreat

The legal obligation to avoid force if safe to do so before using deadly force.

Insanity Defense

A legal argument claiming the defendant should not be held responsible due to mental incapacity.

Criminal Act

The specific unlawful behavior that violates criminal law.

Actus Reus

The physical act of committing a crime.

Mens Rea

The mental state or intent of the individual committing the crime.

Harm

The outcome or damage resulting from a criminal act.

Causation

The relationship between a defendant's conduct and the resulting harm.

Intervening Forces

Events occurring after the defendant's act that contribute to the outcome.

Impossibility Defense

A defense arguing that it was impossible for the defendant to have completed the crime.

Factual Impossibility

A scenario where a defendant intends to commit a crime but is prevented by unknown circumstances.

Legal Impossibility

When a defendant's actions are not legally prohibited, thus providing a defense.

Attempted Crime

The act of trying to commit a crime, which can be charged even if the crime is not completed.

Overt Act in Conspiracy

Any action taken in furtherance of an agreement to commit a crime.

MPC Definition of Attempt

Defined as taking a substantial step towards committing a crime.

Pinkerton Doctrine

Allows liability for co-conspirators for crimes committed by others in furtherance of the conspiracy.

Excusable Defenses

Defenses that acknowledge a harm was caused but argue the defendant should not be held blameworthy.

General Defenses

Legal defenses available to a defendant that might limit or eliminate liability.

Extreme Emotional Disturbance

MPC's provision allowing for a partial defense in cases of emotional disturbance.

Proportionality Requirement

The defense of necessity must involve conduct proportional to the harm it seeks to prevent.

Necessity Defense

A justification defense asserting that breaking the law was required to prevent greater harm.

Castle Doctrine

A legal doctrine allowing individuals to use force, including deadly force, in their home without retreating.

Partial Defense

A legal claim that reduces the severity of a charge based on specific circumstances.

Subjective Standard of Intent

Focuses on the defendant's actual state of mind during the commission of the crime.

Objective Standard of Intent

Reflects what a reasonable person would have understood in the defendant's situation.

Legal Wrong Doctrine

Allows liability even when the defendant believed their actions were lawful.

Mere Agreement in Conspiracy

Understanding that conspiracy can be proven without an explicit agreement.

Co-Felons Liability

Responsibility for actions resulting in death by co-felons during a felony.

Merger Doctrine

Prohibits using lesser included offenses as triggers for felony murder.

Proximate Cause

The primary cause deemed legally responsible for the resulting harm.

Diminished Capacity

A defense allowing for a lesser charge based on mental impairment.

Knowledge Requirement in Rape

The perpetrator must have known there was no consent.

Defenses of Others

Justification for using force to protect another person.

Self Defense Limitations

Includes interpretations like initial aggressor and duty to retreat.

Necessity Elements

Conditions that justify breaking the law to prevent greater harm.

Elements of Provocation

Must involve heat of passion, adequate provocation, and insufficient cooling-off time.

Insanity Holistic Standard

Whether a reasonable person in the defendant's situation could resist criminal acts under threat.

Societal Harm

The concept of society's general wellbeing impacted by criminal behavior.

Subjective Reflection in Homicide

The defendant's thoughts and contemplations prior to committing a murder.

Objective Standard in Homicide

Evaluation based on reasonable perceptions of the circumstances surrounding a crime.

Judicial Review of Insanity

The court's evaluation regarding the applicability of insanity defense based on the tests.

Mens Rea for Conspiracy

Requires intent to agree and intent to commit the underlying crime.

Causation Tests

Different legal standards such as 'but-for' and substantial factor tests applied in determining causation.

Partial Liability

Where defendants can be held liable under specific defenses while still recognizing culpability.

Battle of Experts in Insanity Defense

Challenges faced in court when medical experts testify regarding mental state.

Duty to Retreat Exceptions

Situations where retreating is not necessary before using deadly force.

Development of Criminal Law Principles

Evolving criteria and legal standards addressing behaviors deemed criminal.

Prosecutorial Burden in Mental Competency

The obligation of the prosecution to demonstrate defendants knew the implications of their actions.

Reasonable Belief in Self Defense

A standard assessing whether the defendant's belief in needing to use force was valid.

Battered Women's Syndrome

A psychological condition recognized in legal defenses related to self defense.

Factors Influencing Causation

Circumstances evaluated to establish a direct link between act and consequence.

Alibi as Defense

Claim that the defendant was elsewhere when the crime was committed.

Reasonableness Standard in Defense Analysis

Judicial tests measuring the appropriateness of a defendant's actions in context.

Culpability in Criminal Acts

Determination of a defendant's moral and legal responsibility for their actions.

Legal Framework of Crime

The system of laws that define prohibited actions and associated penalties.

Subjective and Objective Elements of Defenses

Combination of individual perception and reasonable societal assumptions in defense cases.