Criminal Law & Procedure Review

Practice flashcards covering the General Principles, Homicide, Theft Crimes, Inchoate Offenses, and Procedural Rights within Criminal Law and Procedure.

What four elements of a crime must the prosecution prove beyond a reasonable doubt?

1) Physical Act (actus reus); 2) Mental State (mens rea); 3) Causation (actual and proximate); AND 4) Concurrence.

What is the core requirement for the Physical Act (actus reus)?

The physical act of the Defendant must be voluntary.

When is an omission generally considered criminal?

An omission is criminal only if: 1) Defendant had a legal duty to act; 2) Defendant had knowledge of facts concerning the duty; AND 3) It was reasonably possible for Defendant to act.

What five scenarios create a legal Duty to Act?

A duty to act exists via: contractual duty, parent-child relationship, duty taken on voluntarily, a statute creating a duty, or when the Defendant creates the danger.

What are the two required components of Causation?

1) Actual Causation; AND 2) Proximate Cause.

What is the standard for Actual Causation?

Actual causation is present when the result/injury would not have occurred "but for" the Defendant’s conduct.

What is the standard for Proximate Cause?

The injury must be foreseeable from the Defendant’s act, meaning it was a natural probable consequence.

What is a Superseding Intervening Cause?

A third-party’s act that breaks the chain of causation because it was both independent and not foreseeable.

Under Common Law, what is Specific Intent?

The intent or desire to engage in the conduct or cause a certain result.

Under Common Law, what is General Intent?

Awareness of acting in a specific way.

Under Common Law, what is Malice?

Reckless disregard of a known risk that harm may occur.

What is the mental state required for Strict Liability crimes?

No mental state is required; only the act is required.

Under the Model Penal Code (MPC), what is the definition of acting Purposefully?

The conscious object to engage in conduct or cause a certain result.

Under the MPC, what is the definition of acting Knowingly?

Being aware that conduct is of a particular nature or will cause a certain result.

Under the MPC, what is the definition of acting Recklessly?

Consciously disregarding a substantial and unjustifiable risk, where the act is a gross deviation from how a reasonable person would act.

Under the MPC, how is Recklessness handled regarding voluntary intoxication?

A person is reckless when they create a risk but are unaware of it solely by reason of voluntary intoxication.

Under the MPC, what is Criminal Negligence?

When a person should have been aware of a substantial and unjustifiable risk, and that failure is a gross deviation from the standard of care.

What is the Willful Blindness Standard in the majority of states?

A person acts knowingly when they are: a) Aware certain facts are highly probable; OR b) Intentionally ignorant to certain facts.

How may knowledge be proved in criminal mental states?

Knowledge may be proved by circumstantial evidence.

What is the definition of Murder under Common Law and 2nd Degree Murder?

1) Unlawful killing, (2) of a person, (3) with malice aforethought.

What four mental states constitute Malice Aforethought?

(a) Intent to kill, (b) intent to inflict great bodily harm, (c) reckless disregard of an extreme risk to human life (depraved-heart), or (d) intent to commit an inherently dangerous felony (felony murder).

What are the requirements for 1st Degree Murder?

The killing must be willful, deliberate, AND premeditated.

How does the MPC define Murder?

A killing committed: (a) purposefully or knowingly; OR (b) recklessly under circumstances manifesting an extreme indifference to the value of human life.

For which crimes is recklessness presumed under the MPC Felony Murder Rule?

Robbery, rape, arson, burglary, and kidnapping.

What is Voluntary Manslaughter?

Intentional killing of a person without malice aforethought due to adequate provocation.

What four elements are required for Adequate Provocation?

(1) Defendant was provoked (sudden passion/loss of control); (2) a reasonable person would have been provoked; (3) not enough time to cool off; AND (4) Defendant in fact did not cool off.

What is Involuntary Manslaughter?

Unintentional killing committed: a) recklessly; b) under misdemeanor-murder; c) during a non-dangerous felony; OR d) with criminal negligence (in some states).

How does the MPC define Manslaughter?

A killing committed: a) recklessly; OR b) under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.

What are the elements of Larceny?

(1) Trespassory taking, (2) and carrying away, (3) of the personal property of another, (4) with the intent to permanently deprive the owner.

When must the intent to permanently deprive exist for Larceny?

At the time of the taking.

What is Larceny by Trick?

Obtaining possession (not title) of the personal property of another by trick or deception.

What are the elements of False Pretenses?

(1) Obtain title, (2) to personal property of another, (3) through an intentional false statement of material fact, (4) with intent to defraud.

What are the elements of Embezzlement?

(1) Fraudulent or wrongful, (2) conversion, (3) of personal property of another, (4) by a person with lawful possession of that property.

What intent is required for Embezzlement?

Intent to permanently deprive the lawful owner of the property.

What are the elements of Receiving Stolen Property?

(1) Receiving possession of stolen property, (2) knowing the property is stolen at the time of receipt, (3) with intent to permanently deprive the owner.

What are the elements of Robbery?

(1) Trespassory taking and carrying away, (2) of the personal property of another, (3) in their presence, (4) by force or threat of immediate harm, (5) with intent to permanently deprive.

What distinguishes Armed Robbery from standard Robbery?

The use of a dangerous weapon.

What are the Common Law elements of Burglary?

(1) Breaking and entering, (2) of a dwelling, (3) of another, (4) at night, (5) for the purpose of committing a felony inside.

How do most modern jurisdictions extend the definition of Burglary?

They include breaking into any structure at any time.

What are the Common Law elements of Rape?

(1) Unlawful sexual intercourse, (2) of a woman by a man (not her husband), (3) without her consent.

How does the modern definition of Rape differ from Common Law?

It includes marital rape and makes gender irrelevant.

Under the MPC, when is a male guilty of Rape?

If he has sex with a female (not his wife) and: (a) compels her by force/threat; (b) secretly drugs her; (c) she is unconscious; OR (d) she is less than $10$ years old.

Is the MPC's Deviate Sexual Intercourse offense gender neutral?

Yes.

What is Statutory Rape?

(1) Unlawful sexual intercourse, (2) with a person, (3) under the age of consent.

What are the elements of Battery?

(1) Unlawful application of force, (2) directly or indirectly upon another or their belongings, (3) resulting in injury or offensive contact.

Is Battery a specific intent or general intent crime?

Battery is a general intent crime; intent to cause injury is NOT required.

What are the two alternative definitions of Assault?

(a) An attempted battery, OR (b) the intentional creation of a reasonable apprehension of imminent bodily harm.

What are the elements of Kidnapping?

(1) Confining, restraining, or moving of a person, (2) without authority of law.

Under the MPC, what are the four purposes of abducting another for Kidnapping?

(a) Ransom; (b) facilitate a felony; (c) inflict injury or terrorize; OR (d) interfere with a govt/political function.

What are the elements of False Imprisonment?

(1) Unlawful, (2) confinement of a person, (3) against their will, (4) with knowledge that the restriction is unlawful.

How does the MPC define False Imprisonment?

When D knowingly restrains a person unlawfully so as to substantially interfere with the person’s liberty.

What are the elements of Arson?

(1) Malicious, (2) burning, (3) of a dwelling, (4) of another.

How does the majority of states expand the definition of Arson?

Includes damage caused by explosives and damage to other types of buildings and vehicles.

What two factors are usually required for Criminal Possession?

(1) Knowledge of the possession; AND (2) knowledge of what the item is.

What are the two elements of Attempt?

(1) Specific intent to commit a crime, AND (2) an overt act sufficiently beyond mere preparation.

What is the standard for an 'overt act' in Attempt for the MPC and most states?

A "substantial step."

What is the standard for an 'overt act' in Attempt for minority states?

Proximate or dangerously proximate.

Does Attempt merge with the underlying crime?

Yes, Attempt merges.

In most states, is abandonment a defense to Attempt once a substantial step is taken?

No, it is NOT a defense in most states.

When is abandonment an affirmative defense to Attempt in MPC/Minority states?

If: 1) Defendant voluntarily renounces criminal purpose; AND 2) completely abandons the effort or otherwise prevents commission.

What are the four components of Conspiracy?

1) Agreement between $2$ or more persons; 2) intent to enter the agreement; 3) intent to pursue an unlawful objective; AND 4) commission of an overt act in furtherance.

What is the intent requirement for Conspiracy at Common Law vs typical Modern trends?

Common Law requires all parties to intend the unlawful objective; Modern trend/MPC only requires one party’s intent.

What constitutes a sufficient 'overt act' for Conspiracy?

Any act taken by a co-conspirator is sufficient.

What is a conspirator's liability for crimes committed by co-conspirators?

They are liable for the conspiracy PLUS all foreseeable crimes committed in furtherance of the unlawful objective.

Is withdrawal a defense for the crime of Conspiracy itself?

No, withdrawal is NOT a defense for the conspiracy, only for subsequent crimes.

What are the elements of Solicitation?

1) D requests another to commit or join a crime; 2) with specific intent that the crime be committed; AND 3) the other person receives the request.

Does Solicitation merge with the substantive crime?

Yes, it merges.

When is Renunciation an affirmative defense for Solicitation?

If Defendant: 1) voluntarily and completely renounces; AND 2) prevents the commission of the crime.

What two elements define an Accomplice?

1) Aids, abets, or facilitates the crime; AND 2) has dual intent (intent to assist and intent the crime be committed).

What is the scope of liability for an Accomplice?

Liable for all crimes they committed and all foreseeable crimes committed by the primary party.

Does knowledge of a crime or mere presence result in accomplice liability?

No, merely being present or knowing a crime will result does NOT create accomplice liability.

Under what circumstance can a person NOT be convicted as an accomplice?

If the Defendant is a member of a class protected by the criminal law.

What is the minority rule regarding accomplice liability for Involuntary Manslaughter?

A minority of states DO NOT allow accomplice liability for involuntary manslaughter.

What is required for the defense of Withdrawal from accomplice liability?

Defense must occur before the crime is unstoppable and requires: 1) repudiating the encouragement; AND 2) neutralizing any assistance.

What are the elements of the affirmative defense of Duress?

1) Threat of imminent death or serious injury; 2) to D or another; AND 3) D reasonably believed harm was unavoidable by non-criminal conduct.

To which crime is the Duress defense generally NOT available in most states?

Intentional killings.

What is the M’Naghten Test for Insanity?

Defendant is: (a) unable to know the wrongfulness of his conduct, or (b) unable to understand the nature and quality of his acts.

What is the MPC Test for Insanity?

Defendant was: (a) unable to appreciate the criminality of his conduct, or (b) unable to conform his actions to the law.

What is the Irresistible Impulse Test for Insanity?

Mental illness made Defendant: (a) unable to control their actions, or (b) unable to conform their actions to the law.

What is the Durham Test for Insanity?

Defendant’s unlawful conduct was the product of mental illness.

When is Non-Deadly Force justified in self-defense?

When (1) D reasonably believes (2) they are in imminent danger of harm, AND (3) force is proportional.

When is Deadly Force justified in self-defense?

When (1) D kills based on reasonable belief (2) of imminent danger of death or great bodily injury, AND (3) deadly force was necessary.

What is the minority duty regarding deadly force in self-defense?

A minority of states require a duty to retreat before deadly force may be used.

In duty-to-retreat states, when is retreat NOT required?

(a) No opportunity; (b) cannot retreat safely; or (c) if attacked in one's own home.

When may an initial aggressor use self-defense force?

If: (a) he withdraws and communicates it; OR (b) the other person escalates with deadly force and withdrawal is impossible.

What rule applies to the Defense of Others?

The same rules that apply to self-defense.

What is Imperfect Self-Defense and its effect?

It mitigates murder to voluntary manslaughter when (1) D kills with good faith belief of self-defense, but (2) that belief was unreasonable.

What is Voluntary Intoxication a defense to?

ONLY specific intent crimes.

What is Involuntary Intoxication a defense to?

It is a defense to ALL crimes using the same tests as insanity.

When is Mistake of Fact a valid defense?

If it negates the mental state required for the crime.

Is Mistake of Law generally a valid defense?

No, mistake of law is generally NOT a defense.

What does the $4$th Amendment protect against?

Unlawful government searches and seizures.

Does the $4$th Amendment protect against acts by private individuals?

No, it only protects against government action.

What is required for a person to have Standing to challenge a search?

The person MUST have a reasonable expectation of privacy regarding the place or item searched.

What constitutes a Reasonable Expectation of Privacy (REP)?

That which a person owns or possesses, including overnight guest spaces.

Name four items for which the Supreme Court has found NO privacy rights.

Paint scrapings from a car, bank account records, anything visible from public airspace, and garbage left on the curb.

Name four identifiers for which there are NO privacy rights according to the Supreme Court.

Sound of one's voice, odors, handwriting, and anything seen in areas outside the home.

What is required for a police officer to make a proper Arrest?

Probable cause: (1) trustworthy facts, (2) sufficient to lead a reasonable person to believe (3) the person committed a crime.

Is firsthand knowledge required for an officer to establish probable cause for arrest?

No, it may be based on an informant's information.

When is a warrant required for an arrest made in someone's home?

A warrant is required unless exigent circumstances or another exception exists.