Criminal Law Lecture Review

A set of flashcards designed to help review key legal concepts covered in the Criminal Law lecture.

Retributivism

Theory that claims criminal punishment is justified because the person deserves to be punished for their wrongdoing.

Consequentialism

Theory asserting that outcomes of actions, particularly regarding deterrence and rehabilitation, justify the use of criminal law.

General Deterrence

The idea that punishment of individuals can deter the general public from committing criminal offenses.

Specific Deterrence

The concept that punishing a particular defendant will deter that specific individual from re-offending.

Mala in se

Crimes that are inherently wrong and recognized as such by society.

Mala prohibita

Crimes that are prohibited by law but not inherently wrong.

Beyond a reasonable doubt

The standard of proof required in criminal trials, meaning that jurors must be 100% convinced of a defendant's guilt.

Proportionality

Principle that punishment severity should correspond to the severity of the crime.

Void-for-vagueness doctrine

Legal principle that laws must be clear and precise so that individuals can understand what actions are criminal.

Actus Reus

The physical act of committing a crime, encompassing the conduct, circumstances, and consequences.

Mens Rea CL

The mental state or intent of a person while committing a crime.

Mistake of fact

A defense claiming innocence based on a misunderstanding or incorrect belief about a factual situation.

Mistake of law

A defense that is rarely accepted, which argues ignorance of the law serves as a justification for the conduct.

Strict Liability

Crimes that do not require proving a mens rea or intent; the act alone constitutes the crime.

Accomplice Liability

Criminal liability for a person who assists or encourages another to commit a crime.

Inchoate Crimes

Crimes that are incomplete or in preparation, such as attempts, solicitation, or conspiracy.

Transferred Intent

A legal doctrine allowing a defendant's intent to kill one person to transfer to another person who is unintentionally harmed.

Felony Murder

A legal rule that individuals can be charged with murder if a death occurs during the commission of a felony.

Voluntary Manslaughter

An intentional killing that occurs in the heat of passion due to provocation.

Involuntary Manslaughter

Homicide that results from ordinary recklessness or negligence without malice.

Negligent Homicide

A form of homicide that occurs when a death is caused by a person's failure to be aware of a substantial and unjustifiable risk.

Causation

The relationship between the defendant's conduct and the resulting consequence, establishing whether the defendant's actions were the cause of harm.

Proximate Cause

The legal cause that directly results in an effect or injury in a manner that is foreseeable.

Culpability

The degree of blameworthiness assigned to an individual for their actions, influencing the severity of punishment.

Model Penal Code

A set of criminal laws proposed as a guideline for U.S. states, focusing on individual elements of offenses.

Who defines crimes?

Legislatures enact statutes; judges interpret statutes and create precedent through case law

What is a crime?

(1) Voluntary act (actus reus) + (2) mens rea + (3) that violates a statute + (4) enforced by the state

Retributivism vs consequentialism?

Retributivism = punishment justified because D deserves it; Consequentialism = punishment justified by social benefits (deterrence

General vs specific deterrence?

General = deters others; Specific = deters this defendant from reoffending

Statutory interpretation steps?

(1) Plain meaning (2) legislative history if unclear (3) structural context (4) canons of construction

Rule of Lenity (TEST)

Applies only when there is grievous ambiguity after all interpretive tools → statute interpreted in D’s favor; not triggered by mere ambiguity

Beyond a reasonable doubt?

Prosecution must prove every element beyond a reasonable doubt; presumption of innocence

Void-for-vagueness doctrine (TEST),

Statute invalid if (1) fails to give ordinary people notice OR (2) allows arbitrary/discriminatory enforcement

Proportionality?

Punishment must correspond to severity of crime; strict in death penalty, weak in non-capital cases

Actus reus definition?

The physical component of a crime including conduct

Actus reus 4 C’s (TEST)

Conduct + Circumstances + Consequence + Causation

Voluntary act requirement?

Liability requires a voluntary act; no liability for reflexes

Omissions liability (TEST)

Liability for failure to act only if duty exists: (1) relationship (2) statute (3) contract (4) voluntary assumption (5) creation of peril

But-for causation (TEST)

D is cause if harm would not have occurred but for D’s conduct

Proximate cause (TEST)

D is liable if conduct is direct/substantial cause and no superseding intervening cause breaks chain

Superseding cause rule?

Unforeseeable intervening events (e.g.

General intent?

Intent to perform the physical act; no need to intend the result

Specific intent?

Intent to perform act + achieve a further result or objective

General vs specific intent test?

If statute includes intent to achieve future consequence → specific intent; otherwise general intent

Malice (plus factor)?

Intentional wrongful act without justification or excuse

Criminal negligence?

Gross deviation from reasonable person standard

MPC highest culpability level?

Purposely

Purposely?

Conscious object to engage in conduct or cause result

Knowingly?

Awareness conduct is practically certain to cause result

Recklessly?

Conscious disregard of substantial and unjustifiable risk (aware of risk)

Negligently?

Should be aware of substantial and unjustifiable risk (not aware)

MPC default rule - when statute does not include mens rea (TEST)

If statute silent → recklessness

MPC correspondence principle?

Each element of actus reus must have a matching mens rea

MPC vs Common Law (KEY DIFFERENCE)

MPC uses 4 mental states applied element-by-element; Common law uses general vs specific intent categories

Strict liability difference?

Common law allows strict liability (esp. public welfare); MPC generally rejects strict liability except minor offenses

Mistake of fact (TEST)

General intent → must be honest + reasonable; Specific intent → honest mistake sufficient

Mistake of law rule?

Generally no defense; ignorance of law is no excuse

MPC mistake rule?

Mistake is defense if it negates required mens rea (negligently can still count)

Robbery (DEFINITION + TEST)

(1) trespassory taking and (2) carrying away (3) property of another (4) by force or threat of force; specific intent to permanently deprive

Burglary (DEFINITION + TEST)

(1) breaking (2) entering (3) dwelling (4) of another (5) at night (6) with intent to commit felony inside; specific intent crime

Larceny (DEFINITION + TEST)

(1) trespassory taking (2) carrying away (3) property of another (4) with intent to permanently deprive

Larceny intent rule?

Intent to permanently deprive includes: destroying value

Embezzlement (DEFINITION + TEST)

(1) fraudulent (2) conversion (3) of property of another (4) by person in lawful possession; requires intent to defraud

Larceny vs embezzlement difference?

Larceny = unlawful taking; Embezzlement = lawful possession then conversion

Larceny by trick?

Consent obtained by fraud → still trespassory taking

Abandoned property rule?

Cannot be stolen because no owner

Lost property rule? relating to larceny

Larceny if D intends to steal AND has reasonable clue to owner

Mislaid property rule?

Always larceny if taken because owner retains constructive possession

1st degree murder (CL)?

Intentional

2nd degree murder (CL)?

Killing with malice aforethought (intent to kill

Voluntary manslaughter?

Intentional killing under adequate provocation or extreme emotional disturbance

Involuntary manslaughter?

Killing with ordinary recklessness

Negligent homicide?

Killing with criminal negligence

MPC homicide structure (TEST)

Purpose/knowledge → murder; Recklessness → manslaughter; Negligence → negligent homicide

MPC vs Common Law homicide difference?

MPC collapses categories into mental states; CL uses degrees (1st

Justification vs excuse?

Justification = act not wrong; Excuse = act wrong but actor not blameworthy

Self-defense elements (TEST)

(1) reasonable belief of imminent threat (2) actual belief (3) not aggressor (4) proportional force

Deadly force rule?

Allowed only if reasonable belief of death or serious bodily harm

Imperfect self-defense?

Honest but unreasonable belief → reduces murder to manslaughter

Common law vs MPC mistake in self-defense?

CL: reasonable mistake → full defense; unreasonable → partial; MPC: reckless/negligent mistake → liability at that level

Duty to retreat (TEST)

Must retreat before deadly force if safe (MPC general rule)

Castle doctrine?

No duty to retreat in home

Stand your ground?

No duty to retreat anywhere; expands castle doctrine

Initial aggressor rule?

Aggressor cannot claim self-defense unless withdraws

Common law duress (TEST)

(1) imminent threat of death/serious harm (2) to D or family (3) no escape (4) human threat (5) not for homicide

MPC duress (TEST)

(1) threat of unlawful force (2) reasonable firmness couldn’t resist (3) D not reckless in creating situation

MPC vs CL duress difference?

CL requires imminence + serious harm; MPC broader (no strict imminence

Necessity (DEFINITION + TEST)

(1) prevent significant harm (2) no adequate alternative (3) harm avoided > harm caused

Necessity vs duress difference?

Necessity = natural forces; Duress = human threats

MPC vs Common Law (CORE EXAM DIFFERENCE)

CL = offense-based categories (intent

Mens rea hierarchy (MPC)

Purposely > Knowingly > Recklessly > Negligently

Economic deterrence?

Crime is reduced by increasing costs (punishment) so rational actors avoid socially destructive behavior

General deterrence?

Punishment deters others in society from committing crimes

Specific deterrence?

Punishment deters this defendant from reoffending

Rehabilitation?

Punishment aimed at reforming offender so they do not reoffend

Proportionality rule?

Punishment must correspond to severity of crime; strict scrutiny in capital cases but weak in non-capital cases

Crimes where death penalty is disproportionate (TEST)

Rape; felony murder without extreme recklessness; intellectually disabled defendants; minors

Non-capital proportionality rule?

Only sentences that are grossly disproportionate violate the Constitution

Active vs passive participation distinction (REJECTED)

Court rejected distinction that active participation = murder and passive assistance = assisted suicide; instead focuses on overall conduct and intent