Criminal Law Flashcards

Criminal Law Vocabulary Flashcards

Actus Reus

The physical act required for a crime.

Mens Rea

The mental state element required for a crime.

Causation

Requires both actual causation (but for) and proximate cause (foreseeability).

Concurrence

Mental state and physical act occur at the same time.

Omission to Act

When a defendant had a legal duty to act, knowledge of facts concerning the duty, and it was reasonably possible to act, their failure to act can be considered a crime.

Superseding Intervening Cause

A third-party’s act that breaks the chain of causation, cutting off the defendant’s liability if it’s independent and unforeseeable.

Simultaneous Acts Rule

A person’s acts will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril.

A wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually.

Mental State Categories

• Common Law:

  • Specific Intent,

  • General Intent,

  • Malice,

  • Strict liability.

• MPC:

  • Purposefully,

  • Knowingly,

  • Recklessly,

  • Criminal Negligence.

Willful Blindness Standard

Aware that certain facts are highly probable OR are intentionally ignorant of them.

Malice Aforethought

• An intent to kill,

• intent to inflict great bodily injury,

• reckless disregard of an extreme risk to human life, or

• intent to commit an inherently dangerous felony.

First Degree Murder

killing was willful, deliberate, AND premeditated.

Second Degree Murder

The unlawful killing of a person with malice aforethought.

Murder Under the Model Penal Code (MPC)

Killing committed purposely/knowingly; OR

Recklessly under circumstances manifesting an extreme indifference to the value of human life.

Felony Murder Rule

A person is guilty of murder if a person is killed during their: commission of (or attempt to commit) a dangerous felony; OR felony escape.

Voluntary Manslaughter

An intentional killing of a person without malice aforethought (adequate provocation).

Adequate provocation

1) The defendant was provoked;

2) A reasonable person would have been provoked;

3) There was not enough time to cool off before the killing;

AND

4) The defendant DID NOT cool off before the killing.

Involuntary Manslaughter

An unintentional killing of a person committed:

recklessly;

under the Misdemeanor Murder Rule; OR

during a non-dangerous felony.

Manslaughter under the Model Penal Code (MPC)

Killing committed recklessly; OR which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance.

Larceny

1. The trespassory taking,

2. and carrying away,

3. of the personal property of another,

4. with the intent to permanently deprive the owner of the property.

Larceny by Trick

When one obtains possession of another’s property by trick or deception.

False Pretenses

It occurs when one:

1. obtains title,

2. to personal property of another,

3. through a known false statement of material fact,

4. with the intent to defraud.

Embezzlement

1. The fraudulent or wrongful,

2. conversion,

3. of personal property of another,

4. by a person with lawful possession of the property.

Receiving Stolen Property

When a person:

1. receives possession of stolen property,

2. who knows the property is stolen at the time of receiving it, AND

3. with the intent to permanently deprive the owner of the property.

Robbery

1. the trespassory taking and carrying away,

2. of the personal property of another person,

3. in their presence;

4. by the use of force or threat of immediate physical harm,

5. with the intent to permanently deprive the owner of the property.

Armed Robbery

The same elements as Robbery, PLUS the use of a dangerous weapon

Burglary

1. The breaking and entering,

2. of a dwelling, of another,

3. at night,

4. for the purpose of committing a felony inside.

Rape (Common Law)

1. The unlawful sexual intercourse,

2. of a woman by a man (not her husband),

3. without her consent.

Lack of Effective Consent in Rape cases

When: actual force is used; threats of immediate great bodily harm are used; the victim is incapable of consenting; OR the defendant fraudulently caused the victim to believe that the act is not intercourse.

Rape (MPC)

If:

1. he compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain, or kidnapping;

2. he has substantially impaired her power to consent by secretly drugging her;

3. the female is unconscious; OR

4. the female is under 10 years old.

Statutory Rape (Strict Liability)

• The unlawful sexual intercourse,

• with a person, under the age of consent,

• regardless of whether it’s against the person’s will.

Battery

1. Unlawful application of force,

2. directly or indirectly upon another person (or their clothes/belongings)

3. that results in an injury or offensive contact.

Assault

An attempted battery; OR

the intentional creation of a reasonable apprehension of imminent bodily harm to a person.

Kidnapping

Common Law:

• Confining, restraining, or moving a person,

• without authority of law.

MPC: An abduction of another person to compel

• ransom,

• facilitate a felony,

• inflict bodily injury or

• terrorize,

or interfere with a political function.

False Imprisonment

The:

• unlawful,

• confinement of a person

• against their will,

• with knowledge that the restriction is unlawful.

MPC: Knowingly restraining another person unlawfully so as to

substantially interfere with the person’s liberty.

Arson

The:

• malicious,

• burning,

• of a dwelling,

• of another.

Under the Common Law, a person could not be convicted of arson if

it was their own home.

Criminal Possession

Involves the unlawful possession of an item according to a jurisdiction’s statute. To be found guilty, a person must have both:

knowledge of the possession; AND knowledge of what the item is.

Attempt

The person: had the specific intent to commit a crime; AND took an overt act sufficiently beyond mere preparation.

Majority & the MPC require the overt act be a substantial step.

In a minority of states, the overt act must be proximate or dangerously proximate to the crime.

Conspiracy

1. An express or implied agreement between two or more people;

2. intent to enter into the agreement;

3. intent to pursue an unlawful objective; AND

4. the commission of an overt act in furtherance of the unlawful objective.

Co-conspirators are liable for both the conspiracy itself AND all foreseeable crimes committed by other conspirators in furtherance of the objective.

Solicitation

A person is guilty if:

• he requests another person to commit a crime;

• with the specific intent that the crime be committed; AND

• the other person receives the request.

Accomplice

A person who:

• aids,

• abets, or

• facilitates the commission of a crime;

  AND

• has dual intent (intent to assist and intent the crime is committed).

Accomplice Liability

An extra party that is liable for ALL crimes he committed/assisted,

AND all foreseeable crimes committed by the principal.

Limitations to Accomplice liability

• Merely being present while a crime is commited will NOT create liability

• A person CANNOT be convicted if they are a member of the class of persons protected by the criminal statute OR the cime inherently involves several types of partucipants and the person is not criminally liable under the statute

• A MINORITY of jurisdication do not allow accomplice liability for involuntary manslaughter

Accomplice Withdrawal Defense

It is valid ONLY if the accomplice withdraws involvement before the crime becomes unstoppable.

It can be accomplished by either:

• Repudiating the encouragement given; OR

• Neutralizing the assistance.

Duress

If the conduct was the result of:

• threat of imminent death or serious bodily injury, to the defendant or another, AND

• the defendant reasonably believed he was unable to avoid the harm by non-criminal conduct.

Insanity Tests

• The M’Naghten test,

• Model Penal Code test,

• the Irresistible Impulse test, AND

• the Durham test.

M’Naghten Test

A mental disease or defect that resulted in being:

• unable to know the wrongfulness of the conduct; OR

• unable to understand the nature and quality of the acts.

Model Penal Code Test (Insanity)

As a result of a mental disease or defect, the defendant was:

• unable to appreciate the criminality of the conduct; OR

• unable to conform his actions to the law.

Irresistible Impulse Test

Defendant’s mental illness made him:

• unable to control his actions; OR

• unable to conform his actions to the law.

Durham Test

Defendant must show that his unlawful conduct was the product of mental illness.

Deadly Force (Self-Defense)

Justified when:

• (1) the defendant kills another on a reasonable belief,

• (2) that he was in imminent danger of being killed or suffering great bodily injury, and

• (3) the use of deadly force was necessary to defend against the danger.

Non-Deadly Force (Self-Defense)

Justified when:

• (1) the defendant reasonably believes,

• (2) that he is imminent danger of being harmed, and

• (3) the force used is proportional to the harm threatened.

Imperfect Self-Defense

When the defendant kills another based on a good faith belief that:

• she was in imminent danger of being killed or suffering great bodily injury AND

• the use of deadly force was necessary to defend against the danger BUT

• at least one of those beliefs was unreasonable.

Voluntary Intoxication (Defense)

ONLY a defense to specific intent crimes if it negates the state of mind required to commit the offense.

Involuntary Intoxication (Defense)

A defense to ALL crimes if the defendant is deemed incapacitated at the time of the offense.

Standing (Search and Seizure)

The challenger must have a reasonable expectation of privacy regarding the item or place searched.

Probable Cause

When the police officer has:

• trustworthy facts or knowledge,

• sufficient to warrant a reasonable person to believe

• that a crime has occurred.

If in a public space, probable cause is all that’s required. If in someone’s home, a warrant is required to make an arrest.

Stop and Frisk

Stop: If the police officer has reasonable articulable suspicion that criminal activity is afoot.

Frisk: Action required to ensure the officer and the public’s safety

Plain Feel Doctrine (stop and frisk)

The officer may only seize items during the frisk that he reasonably believes is contraband or a weapon.

Valid Search Warrant

• There must have been probable cause;

• the warrant must state with particularity the place to be searched and the items to be seized; AND

• it must be issued by a neutral and detached magistrate.

Exceptions that permit a Warrantless Search and Seizure (8)

1. Plain View doctrine,

2. exigent circumstances,

3. automobile exception,

4. search incident to an arrest,

5. consent,

6. inventory searches,

7. stop and frisk,

8. where the U.S. Supreme Court has concluded there is a special need.

Confession Exclusion (Due Process)

A confession is inadmissible if it’s the product of police coercion that overbears the suspect’s free will.

Courts will consider the characteristics of the interrogation AND the individual

Miranda Warnings

Suspects must be told that:

• They have the right to remain silent;

• Anything they say can be used against them in court;

• They have the right to talk to an attorney and have one present when they are questioned; AND

• if they cannot afford one, an attorney will be provided to them.

Custodial Interrogation

• Would a reasonable person believe that they were free to leave, AND

• Are the officer’s questions and statements likely to induce incriminating responses?

Reinitiation of Custodial Interrogation

• The suspect has been re-advised of his Miranda rights;

• Has provided a knowing and voluntary waiver; AND

• Either:

  • counsel is present,

  • the suspect initiates the communication; OR

  • at least 14 days have passed since the suspect was released from custody.

Right to Counsel (6th Amendment)

The accused has the right to counsel in ALL criminal prosecutions except in State misdemeanor prosecutions that do not carry a substantial risk of jail time.

Ineffective Assistance of Counsel

• Counsel’s performance was deficient; AND

• but for the counsel’s errors, the result of the trial would have been different.

Independent Source Rule (In-Court Identification)

The witness identified the defendant in-court based on the witness’s previous knowledge, which is trustworthy, and was obtained by the witness in a previous transaction.

When the Exclusionary Rule Does NOT Apply

• The police had an independent source for the secondary evidence;

• The discovery of the evidence would have been inevitable regardless of the illegality;

• Through the attenuation doctrine; OR

• the police relied in good faith on a defective search warrant.

Limitations on the Exclusionary Rule as applied to Miranda Violations

1. Failure to give warnings DOES not require suppression of the physical evidence.

2. Statements made after Miranda warnings are admissible, UNLESS a non-mirandized statement was the result of coercive police tactics offensive to due process.

3. Statements obtained in violation are inadmissible in the prosecution’s case-in-chief, BUT may be used to impeach a defendant on cross examination.

When are crimes NOT deemed to be the 'same offense' under Double Jeopardy?

Each crime requires proof of a fact which the other does not.

Exceptions Where a Defendant Can Be Retried (Double Jeopardy)

• When the first trial ends in a hung jury;

• when manifest necessity exists to end the original trial; OR

• when the original trial is terminated at the defendant’s request, and it’s not for an acquittal on the merits.

Harmless Error Rule

The error was harmless because the defendant would have been convicted without the tainted evidence.

Competency to Stand Trial

• Sufficient present ability to consult with his attorney AND

• a rational and factual understanding of the proceedings against him.

• Must be able to assist in preparing his defense.