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MBE Criminal Law
| Question | Answer |
|---|---|
| Murder | The killing of a human being with malice aforethought. 1. Intent to kill, EX: deliberately trying to kill- poisoning 2. Intent to inflict serious bodily injury 3. Intent to commit a dangerous felony: felony murder rule- covers an unintentional killing |
| 3 Types of Manslaughter | 1. Voluntary: intentional killing in the heat of passion (where the defendant acts with adequate provocation) 2. Involuntary: unintentional killing that results from the defendant's criminally negligent conduct 3. Misdemeanor manslaughter |
| inherently dangerous felonies | a. BARRK b. Burglary c. Arson d. Robbery e. Rape f. Kidnapping |
| Battery at common law: | Harmful or offensive contact with the person of another. |
| Self Defense: | A person is privileged to use reasonable force in self defense. Can use deadly force when threatened with imminent and serious bodily injury or death. |
| Agency Theory of Liability | The felon is only responsible for the deaths that he or his accomplices cause |
| M'Naughten Rule | 1. A disease of the mind that 2. Caused a defect of reason 3. Which left the D at the time of his actions lacking in the ability to either a. Know the wrongfulness of his actions OR b. Understand the nature and quality of his actions |
| Larceny | The trespassory taking and carrying away of the personal property of another with the specific intent to steal Trespassory Taking: without consent of the person in possession of property Carrying Away: asportation requirement |
| Larceny by Trick | Taking and carrying away of the personal property of another with the specific intent to steal. The taking is accomplished by lies, deceit or false statement Victim consents to taking of the property |
| Embezzlement | The misappropriation of the property of another by one who is in rightful possession of the property. |
| Accomplice Liability | someone who with the intent that the crime be committed assists the principal before or during the commission of the crime. |
| Accomplice Liability store owners | Most courts hold that absent a statute mere knowledge that a crime might result from the sale of ordinary goods at ordinary prices is insufficient for accomplice liability |
| Obtaining property by false pretenses | D obtains title to property by means of lies, deceit, or false statement Obtaining is determined by what the victim intends to convey Cash conveyed without any limits is title. |
| Attempt | 1. A specific intent to commit the targeted offense AND 2. A substantial step in furtherance of that intent |
| Arson | The malicious burning of the dwelling house of another Malicious: intent to burn dwelling or reckless disregard for if it would result |
| Burglary | The breaking and entering of the dwellinghouse of another at night, with the specific intent to commit a larceny or felony. |
| Conspiracy | CL: each person who takes part in the planning of a crime is guilty of conspiracy Withdrawal is effective if fully/effectively conveyed to his co-conspirator. |
| Duress | Not a defense to murder. Applies to every other crime but not to murder. |
| Stop and Frisk | Police do have the authority to briefly detain a person for investigatory purposes, even if they lack probable cause. BUT to stop and frisk you need REASONABLE SUSPICION |
| Curtilage | the immediate area surrounding a home (house, yard or any outbuildings like a barn if it is close by) |
| Open Fields Doctrine | Areas outside curtilage is considered to be public- no 4th amendment protection |
| Miranda Requirements | 1. Custodial 2. Interrogation Does not apply to spontaneous statements. |
| Conviction for common law murder requires malice Murder: At Common Law Malice Is: | i. Intent to kill (express malice) ii. Intent to inflict great bodily injury iii. Reckless indifference to an unjustifiably high risk to human life (depraved heart) OR iv. Intent to commit a felony (felony murder) |
| Attempt (inchoate crime) | must have the specific intent to commit the target offense. |
| Voluntary Manslaughter | an intentional killing mitigated by adequate provocation. Heat of passion |
| Imperfect Self Defense Doctrine: | Murder is reduced to voluntary manslaughter when the defendant unreasonably, but honestly, believed in the necessity of responding with deadly force. |
| In order to reduce murder to voluntary manslaughter based on heat of passion theory must show | I. The provocation must have been one that would arouse sudden and intense passion in the mind of an ordinary person such as to cause him to lose self control II. The defendant was in fact provoked III. There must not have been sufficient time to co |
| ALL THEFT CRIMES ARE SPECIFIC INTENT | ALL THEFT CRIMES ARE SPECIFIC INTENT |
| Larceny | The trespassory, taking, carrying away (asportation), personal property, of another with the intent to steal or permanently deprive. |
| Burglary | the breaking and entering of another persons dwellinghome at night, with the intent to commit a felony or larceny therein. |
| Arson | the malicious burning of any structure or dwelling. You need charring, mere blackening of the premises is not enough |
| Robbery has the same 6 elements as larceny- plus two more. | The trespassory, taking, carrying away (asportation), personal property, of another with the intent to steal or permanently deprive. Taking must be accomplished by the threat of force, violence or intimidation, and the taking must be from the victim's per |
| Specific Intent Crimes Mistake of Fact Defense | The mistake needs to be honest, even if unreasonable. In order for mistake to be valid for mistake of fact to work in general intent it must be reasonable. |
| Voluntary intoxication is a valid defense to specific intent crimes | negates mens rea |
| Automobile Exception to the warrant requirement: | permits a stopped vehicle to be searched in the absence of a warrant if the police have probable cause to believe that the vehicle contains seizable evidence (whole car, trunk and closed containers). |
| A search incident to arrest may not include the passenger compartment of a vehicle from which the person was arrested unless | i. The person has not been secured or ii. The arresting officer has reason to believe that the vehicle contains evidence of the crime for which the arrest was made (GANT) |
| For Entrapment as a defense | 1. The idea for the crime came from the police Defendant was not predisposed to commit the crime prior to the solicitation. |
| Consent exception for search | A search is valid if the police reasonably believe that they obtained valid consent for the search. Generally, a homeowner has authority to consent to a search of her own home, as long as she has apparent access to the place searched. |
| Prosecution bears burden of proof on all crimes. (Standard by beyond a reasonable doubt) | Defense carries the burden on affirmative defenses. |
| Defense of double jeopardy | The defense of double jeopardy does not apply if the second crime requires an element which is not an element in the first crime and vice versa. |
| The 5th Amendment right to be free from double jeopardy for the same offense precludes retrial for a greater offense once jeopardy has attached for a lesser included offense, as well as the imposition of multiple punishments for the same offense. | However, a state may continue to prosecute a charged offense, despite the D's guilty plea to a lesser included or 'allied' offense arising from the same incident. The acceptance of a guilty plea to a lesser included offenses while the charges on the great |
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staciaberry
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