Criminal Law Flashcards
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| What is the Traditional Definition of "Knowingly" | show 🗑
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| What is the Definition of Mens Rea? | show 🗑
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| show | 1. Deliberate Ignorance (2) Positive knowledge are equally culpable.
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| What is Stare Decisis? | show 🗑
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| What is Omission? | show 🗑
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| What is Ex Post Facto? | show 🗑
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| Major sources of Criminal Law? | show 🗑
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| show | An act that the law makes punishable criminal wrong.
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| In Criminal Law, is mistake of law a defense? | show 🗑
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| show | A law that either makes conduct criminal that was not criminal at the time committed.reases the degree of criminality of conduct beyond what it was at the time it was committed.
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| What are the two parts of a crime? | show 🗑
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| What happens under the Model Penal Code if there no mental state contained in the charge? | show 🗑
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| What is the requirement of a voluntary act in a crime? | show 🗑
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| show | • Close Relationship - husband-wife , parent-child
• Contract that requires some assistance
• Non- criminal statute requires action be taken - If the actor start to give aid, is under legal duty to reasonably complete the task
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| What is the Common Law definition of Murder? | show 🗑
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| At Common Law, how can Malice Aforethought be established? | show 🗑
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| show | Unlawful killing of a human being without malice aforethought
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| show | 1. Provocation heat of passion situation - adultery.
2. Physical assault by another - and in a rage, while being assaulted, taking a life.
3. Reckless killing of a human being.
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| Who determines whether a crime will be reduced from Murder to Manslaughter? | show 🗑
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| 1st Degree Murder can be established by one of two ways? | show 🗑
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| What types of crimes does 2nd degree murder cover? - | show 🗑
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| show | Common law - indicates that there has to be a live birth of unborn fetus before a homicide conviction can take place.
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| show | State must prove each element of the crime alleged- failing to do so is a violation of due process clause of constitution.
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| show | The common law felony murder rule provides that if a person kills another in doing or attempting to do an act amounting to a felony, the killing is murder.
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| Why is Felony murder similar to Strict Liability Crimes? | show 🗑
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| What is the notion of transferred intent? | show 🗑
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| show | The concept of vicarious liability is used to hold all co-conspirators liable for the substantive crimes committed by any one of the conspirators in the course of executing the unlawful agreement.
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| What is the Inherently-Dangerous-Felony Limitation in FMR? | show 🗑
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| show | FMR only applies if the predicate felony is independent of, or collateral to, the homicide. If the felony is not independent, then the felony merges with the homicide and cannot serve as the basis for a felony-murder conviction.
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| What is the Res Gestae Requirement in FMR? | show 🗑
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| What is the proximate causation theory of FMR? | show 🗑
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| show | Majority Approach which precludes any killing committed during the commission of the felon by a person other that the defendant or his accomplices from serving as the basis for felony-murder.
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| show | All of the people involved will be guilty of felony murder even if only one of the people involved in the predicate felony actually participated in the killing.
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| What are some dangerous crimes that Felony Murder will apply to? | show 🗑
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| What are Four reasons for the felony murder rule? | show 🗑
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| 3 Elements of Premeditation | show 🗑
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| show | The most common statutory requirement for first-degree murder is that the killing have been “premeditated and deliberate.”
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| show | No, the Model Penal Code does not divide murder into first-and second-degree.
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| What are the two kinds of involuntary manslaughter at common law? | show 🗑
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| show | The Code defines “recklessly” so as to require a “gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.” M.P.C. § 2.02(2)(c).
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| What is Unlawful-act manslaughter (“misdemeanor-manslaughter”)? | show 🗑
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| What are the 3 mental states for Involuntary manslaughter? | show 🗑
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| What is a Malum prohibitum crime? | show 🗑
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| show | A crime that is inherently dangerous or immoral.
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| show | • Unlawful act
• Culpable mental state
• Defendant's act caused the result
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| Proving Proximate cause under common law requires what? | show 🗑
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| show | (1) a - cause in fact must be established; (2) proximate must also be established.
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| Elements of Premeditated murder are? | show 🗑
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| show | a) That a certain named or described person is dead;(b) That the death resulted from the act or omission of the accused; (c) That the killing was unlawful; and (d) That, at the time of the killing, the accused had the intent to kill or inflict great bodi
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| show | (a) That a certain named or described person is dead; (b) That the death resulted from the act or omission of the accused;
(c) That the killing was unlawful; and (d) That, at the time of the killing, the accused was engaged in the perpetration or attemp
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| What is Premeditated murder? | show 🗑
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| What is Intent to kill or inflict great bodily harm. | show 🗑
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| What is Great bodily harm? | show 🗑
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| show | (a) That a described person is dead;(b) That the death resulted from the act or omission of the accused; (c) That the killing was unlawful; and (d) That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the
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| What are the elements of Involuntary manslaughter? | show 🗑
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| What is defined by voluntary manslaughter? | show 🗑
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| show | Examples of acts which may, depending on the circumstances, constitute adequate provocation are the unlawful infliction of great bodily harm, unlawful imprisonment, and the sight by one spouse of an act of adultery committed by the other spouse.
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| What is not provocation? | show 🗑
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| What is negligent homicide? | show 🗑
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| show | It is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or simila
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| show | The burden is on the defendant to produce some evidence that he is insane if he wishes to raise the insanity defense.
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| Who bears the burden of disproving insanity? | show 🗑
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| What are the 4 tests for insanity defense? | show 🗑
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| show | Under the M’Naghten Test the defendant must prove that due to a defect in reasoning caused by a mental disease, he did not know right from wrong or did not know the nature and quality of his actions.
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| show | The defendant must prove that due to a defect in reasoning caused by a mental disease, he did not know right from wrong or did not know the nature and quality of his actions and his mental disease kept him from controlling his conduct.
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| Under the ALI-MPI (substantial capacity test, what must the defendant prove? | show 🗑
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| show | The defendant must prove that the crime must be a product of a mental disease (considering all symptoms and circumstances).
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| show | · MPC view – a defendant has a valid insanity defense if he “lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law” –
MPC § 4.01
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| What is the appropriate meaning of “wrong” for the purpose of the insanity defense? | show 🗑
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| show | 1. General Rule – A person may not be tried, convicted, or sentenced for an offense if, during the criminal proceedings, she: a. lacks the capacity to consult with her attorney “with a reasonable degree of rational understanding”; or b. lacks a “rational
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| Which insanity test is more difficult for the Defendant? ALI -MPC or M'Naghten? | show 🗑
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| What is the purpose of Partial Responsibility Defense? | show 🗑
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| show | a sane person may suffer from a mental disability that prevents him form forming the mental state required for the commission of an offense.
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| What one of the effects of Insanity Acquittal? Majority jurisdiction | show 🗑
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| show | Discretionary Commitment – In some jurisdictions, commitment of an insanity-acquittee is not automatic. Typically, however, the trial judge has authority to require a person found NGRI to be detained temporarily in a mental facility for observation and e
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| What is the effect of a Guilty But it returns Mentally Ill (GBMI) verdict? | show 🗑
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| Three types of evidence introduced in a Diminished Capacity defense. | show 🗑
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| What is Extreme Mental or Emotional Distress under MPC? | show 🗑
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| show | There are two types of intoxication, voluntary and involuntary. Voluntary intoxication is generally not a valid defense, while involuntary intoxication generally is a valid defense.
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| show | A non-aggressor is justified in using force upon another if he reasonably believes that such force is necessary to protect himself from imminent use of unlawful force by the other person.
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| show | A person is justified in using force upon another person if he believes that such force is immediately necessary to protect himself against the exercise of unlawful force by the other on the present occasion.
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| Use of Deadly force involves what? | show 🗑
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| show | Death; serious bodily injury; forcible rape; or kidnapping.
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| show | If a person can safely retreat and, therefore, avoid killing the aggressor, deadly force is unnecessary.
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| Under Common Law rule, what is an exception to rule of retreat. | show 🗑
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| show | One may not use deadly force against an aggressor if he knows that he can avoid doing so with complete safety by retreating.
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| What is the automatism defense? | show 🗑
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| Under MPC 3.07 (2) (b) What are limitations on use of deadly force by police? | show 🗑
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| show | A private person may use deadly force, if reasonably necessary, to arrest or apprehend a felon, but in more limited circumstances than for police officers.
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| show | Deadly force may never be used by a private person, acting on his own, to make an arrest or to prevent a suspect’s escape. But can be by a police officer, or a private person assisting someone he believes is a law enforcement officer, to make an arrest o
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| In Criminal Law, is Mistake of Law ever a defense? | show 🗑
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| What is the definition of crime? | show 🗑
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| show | Requirement for murder (and Later manslaughter) by English Judges, that the victim's death must occur within a year and a day after the fatal blow was delivered.
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| When is there a legal duty to act? | show 🗑
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| show | Criminal act or an unlawful omission of an act, must have occurred.
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| show | The intended harm does not occur to the intended victim, but occurs instead to a second unintended victim. Defendant is still liable for the unintended, unanticipated consequence of intentional harm.
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| show | Deterrence (general / specific), rehabilitation, restraint (incapacitation), restitution.
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| What are the elements of a Strict Liability crime? | show 🗑
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| Examples of Strict Liability crimes? | show 🗑
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| show | 1.Defendant was threatened or reasonably believed that he was being attacked by the victim 2. And deadly force is reasonably necessary to prevent the deadly attack.
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| Is self-defense going to be available for an initial aggressor? | show 🗑
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| What needs to be present in a Self-Defense defense? | show 🗑
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| Under the Minority rule - Must a defendant who claims Self-Defense utilize a safe retreat? | show 🗑
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| show | No. He has no duty to do so.
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| show | Under both Majority and minority rules – you are under No duty to retreat if you are in your own home.
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| show | - “Imperfect” self-defense downgrades the crime from murder to voluntary manslaughter (State v. Peterson)
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| What are the Elements of self-defense? | show 🗑
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| What is the Definition of castle (and Curtilage) | show 🗑
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| Is the castle (Curtilage) protected under the 4th Amendment? | show 🗑
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| show | (1) Burden of proof on the defendant (2) Amount of force – the proportionality rule on the Defendant (3) Reasonable belief that the intervention was lawful (subjective and objective standard belief) (4) Level of danger – only use deadly force if 3rd part
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| show | Gives law enforcement agents the privilege to use deadly force when threatened with deadly force; To stop a felony offense; When a criminal is trying to escape or hurt others;where there is probable cause; The force being used on them is deadly; if a pers
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| show | If a warning is feasible, it is reasonable for the police officer to give one, will depend on the facts of the circumstances.
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| If the officer is making an illegal arrest, can the felon use self defense against the officer to defend himself or will he be guilty of battery? | show 🗑
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| If the officer is making an illegal arrest, can the felon use self defense against the officer to defend himself or will he be guilty of battery? | show 🗑
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| Is deadly force acceptable in The defense of property? | show 🗑
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| What is the "fleeing felon" law? | show 🗑
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| According to Model Penal Code 2.09, When is Duress a valid defense? | show 🗑
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| How does The Model Penal Code determine the defense of duress. | show 🗑
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