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Universities » University of San Francisco (USF.. » LAW - Law » 604 - Criminal Law » Flash Cards

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Flashcard Deck Information

Class:	LAW 604 - Criminal Law
Subject:	Law
University:	University of San Francisco (CA)
Term:	Fall 2009

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Misdemeanor Manslaughter

D commits a misdemeanor and a death results.
1. Intent or criminal negligence
2. Dangerous under the circumstances

If State can prove malice, can be murder

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Felony-Murder

1. Killing must be done in perpetration of a felony
(a. by one of the felons b. during commission of felony)
2. Must prove specific intent to commit underlying felony, even if felony is general intent crime
3. Felony must be inherently dangerous in the abstract
4. Can't be barred by merger rule (can not be applied to assault and assaultive crimes)

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Premeditated and Deliberate

1. Planning - D commits act directed toward killing
2. Motive - must show D/V had a prior relationship
3. Manner - Preconceived design, must be particular and exacting

Do not need all three. Can have only strong evidence of Planning, or Motive + 1

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Implied Malice

D commits act that results in a high probability of death
D is aware of the risk and consciously disregards it

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Involuntary Manslaughter

Criminal Negligence requires that D commit a dangerous act and a reasonable person would have been aware of the riks

1. Dangerous Act
2. Objective awareness of the risk

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Causation

1. D must be cause-in-fact of death
2. An intervening cause must be reasonably foreseeable result of D's act

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Burglary

Act: Defendant enters a building or other enumerated structure
MS: with the intent to commit larceny or an other felony

Cannot invade own home.
Intent can be formed after entry

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Robbery

The unlawful taking of another's property by force or fear from the immediate presence of that person

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Embezzlement

A taking of property WITH consent where the intent to deprive permanently is formed after the taking.

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Misappropriation

Appropriate property without reasonable efforts to find and restore the property to the true owner

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Receiving Stolen Property

Receipt or concealment of stolen property that is known by the D to be stolen

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Exculpating D for Unlawful Conduct (Intent Present)

If D is involuntarily intoxicated, and intended to commit a crime, he cannot be held culpable because of a reasonable mistake of fact exists.

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Negating Intent for Theft

If D reasonably and in good faith believed he had a claim of right to the property, not guilty.

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Larceny

The taking away of property of another without consent, with the intent to permanently deprive that person of their property.

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Larceny by Trick

The taking away of property of another with consent, but where consent is gained by trick, with the intent to permanently deprive the person of their property.

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False Pretenses

The taking of property/title of another with consent, where consent is gained by false representations or fraudulent intent regarding present or future fact.

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Assault

An unlawful attempt, combined with the present ability, to commit a battery.

Assault with deadly weapon
1. State must prove that a reasonable person would have known that the result of a discharging a firearm at a person could be a battery
2. D must have knowledge of his act, must know kids were in truck

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Entrapment

When conduct of a law enforcement agent is likely to induce a normally law-abiding person to commit an offense.

Fed: D cannot harbor any pre-existing criminal intent

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Self-Defense

D may use deadly force if D honestly (obj) and reasonably (subj) believes he is in imminent danger of death or serious bodily harm, even if reasonable belief is incorrect

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Imperfect Self-Defense

When D uses deadly force because of an honest but unreasonable belief that he was in imminent danger of death or serious bodily injury.
(Involuntary Manslaughter)

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When you cannot claim SD

1. If D is initial aggressor
- unless first D withdraws and gives fair notice
- unless D fully retreats
- unless D initiates with Non-Deadly Force, and V responds with deadly force
2. D agreed to mortal combat
3. Danger feared was not imminent

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Insanity Defense

At the time of the offense, a mental defect caused D to 1. not know the nature of the act, or 2. not know that the act was morally wrong

Must be a settled defect.

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Defense of Others

When intervening party sees an attack upon another person and has a reasonable belief that V is in imminent danger, he may respond with proportionate force.

Imperfect SD: Reduces Murder to Manslaughter

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Battered Women's Syndrome

Evidence of battery is relevant to reasonableness, obj. test of belief of imminent danger. Can take into account hyper-vigilance

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Due Process Violation

Outrageous Police Behavior, i.e. police instigate riots so they can arrest gang members who participate.

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Attempt

D must have specific intent to commit target crime and D's actions must go beyond mere preparation

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Conspiracy

When two or more people agree to commit a crime. Must intend to agree and have specific intent to commit the substantive crime.

Must be some overt act in furtherance of agreement

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Rape

D has sex with person against his or her will by means of duress, menace, force or fear of immediate bodily injury.

Mistake of Fact only a defense to Rape when D honestly and reasonably believe V consented
Mistake of Fact a defense to Statutory rape when D honestly and reasonably believed V was 18

MoF never a defense to Lewd and Lascivious Conduct on a Child under 14. Strict Liability mental state

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Mistake of Law

Mechanics Lien
Misled by government official

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Factors for Strict Liability Crimes

1. Statutes history and context
2. General provisions of mens rea
3. Severity of punishment
4. Seriousness of harm to public
5. Difficulty in ascertaining facts
6. Difficulty in disproving mental state
7. Number of expected prosecutions

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Actus Reus

A state may only prosecute a person who
1. Voluntarily acted
2. Was conscious of the act

Failure to Act: Only applicable in special relationship cases

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Mens Rea

In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime.

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Misdemeanor Manslaughter	D commits a misdemeanor and a death results. 1. Intent or criminal negligence 2. Dangerous under the circumstances If State can prove malice, can be murder
Felony-Murder	1. Killing must be done in perpetration of a felony (a. by one of the felons b. during commission of felony) 2. Must prove specific intent to commit underlying felony, even if felony is general intent crime 3. Felony must be inherently dangerous in the abstract 4. Can't be barred by merger rule (can not be applied to assault and assaultive crimes)
Premeditated and Deliberate	1. Planning - D commits act directed toward killing 2. Motive - must show D/V had a prior relationship 3. Manner - Preconceived design, must be particular and exacting Do not need all three. Can have only strong evidence of Planning, or Motive + 1
Implied Malice	D commits act that results in a high probability of death D is aware of the risk and consciously disregards it

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Involuntary Manslaughter	Criminal Negligence requires that D commit a dangerous act and a reasonable person would have been aware of the riks 1. Dangerous Act 2. Objective awareness of the risk
Causation	1. D must be cause-in-fact of death 2. An intervening cause must be reasonably foreseeable result of D's act
Burglary	Act: Defendant enters a building or other enumerated structure MS: with the intent to commit larceny or an other felony Cannot invade own home. Intent can be formed after entry
Robbery	The unlawful taking of another's property by force or fear from the immediate presence of that person

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Embezzlement	A taking of property WITH consent where the intent to deprive permanently is formed after the taking.
Misappropriation	Appropriate property without reasonable efforts to find and restore the property to the true owner
Receiving Stolen Property	Receipt or concealment of stolen property that is known by the D to be stolen
Exculpating D for Unlawful Conduct (Intent Present)	If D is involuntarily intoxicated, and intended to commit a crime, he cannot be held culpable because of a reasonable mistake of fact exists.

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Negating Intent for Theft	If D reasonably and in good faith believed he had a claim of right to the property, not guilty.
Larceny	The taking away of property of another without consent, with the intent to permanently deprive that person of their property.
Larceny by Trick	The taking away of property of another with consent, but where consent is gained by trick, with the intent to permanently deprive the person of their property.
False Pretenses	The taking of property/title of another with consent, where consent is gained by false representations or fraudulent intent regarding present or future fact.

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Assault	An unlawful attempt, combined with the present ability, to commit a battery. Assault with deadly weapon 1. State must prove that a reasonable person would have known that the result of a discharging a firearm at a person could be a battery 2. D must have knowledge of his act, must know kids were in truck
Entrapment	When conduct of a law enforcement agent is likely to induce a normally law-abiding person to commit an offense. Fed: D cannot harbor any pre-existing criminal intent
Self-Defense	D may use deadly force if D honestly (obj) and reasonably (subj) believes he is in imminent danger of death or serious bodily harm, even if reasonable belief is incorrect
Imperfect Self-Defense	When D uses deadly force because of an honest but unreasonable belief that he was in imminent danger of death or serious bodily injury. (Involuntary Manslaughter)

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When you cannot claim SD	1. If D is initial aggressor - unless first D withdraws and gives fair notice - unless D fully retreats - unless D initiates with Non-Deadly Force, and V responds with deadly force 2. D agreed to mortal combat 3. Danger feared was not imminent
Insanity Defense	At the time of the offense, a mental defect caused D to 1. not know the nature of the act, or 2. not know that the act was morally wrong Must be a settled defect.
Defense of Others	When intervening party sees an attack upon another person and has a reasonable belief that V is in imminent danger, he may respond with proportionate force. Imperfect SD: Reduces Murder to Manslaughter
Battered Women's Syndrome	Evidence of battery is relevant to reasonableness, obj. test of belief of imminent danger. Can take into account hyper-vigilance

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Due Process Violation	Outrageous Police Behavior, i.e. police instigate riots so they can arrest gang members who participate.
Attempt	D must have specific intent to commit target crime and D's actions must go beyond mere preparation
Conspiracy	When two or more people agree to commit a crime. Must intend to agree and have specific intent to commit the substantive crime. Must be some overt act in furtherance of agreement
Rape	D has sex with person against his or her will by means of duress, menace, force or fear of immediate bodily injury. Mistake of Fact only a defense to Rape when D honestly and reasonably believe V consented Mistake of Fact a defense to Statutory rape when D honestly and reasonably believed V was 18 MoF never a defense to Lewd and Lascivious Conduct on a Child under 14. Strict Liability mental state

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Mistake of Law	Mechanics Lien Misled by government official
Factors for Strict Liability Crimes	1. Statutes history and context 2. General provisions of mens rea 3. Severity of punishment 4. Seriousness of harm to public 5. Difficulty in ascertaining facts 6. Difficulty in disproving mental state 7. Number of expected prosecutions
Actus Reus	A state may only prosecute a person who 1. Voluntarily acted 2. Was conscious of the act Failure to Act: Only applicable in special relationship cases
Mens Rea	In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime.

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	Misdemeanor Manslaughter	D commits a misdemeanor and a death results. 1. Intent or criminal negligence 2. Dangerous under the circumstances If State can prove malice, can be murder
	Felony-Murder	1. Killing must be done in perpetration of a felony (a. by one of the felons b. during commission of felony) 2. Must prove specific intent to commit underlying felony, even if felony is general intent crime 3. Felony must be inherently dangerous in the abstract 4. Can't be barred by merger rule (can not be applied to assault and assaultive crimes)
	Premeditated and Deliberate	1. Planning - D commits act directed toward killing 2. Motive - must show D/V had a prior relationship 3. Manner - Preconceived design, must be particular and exacting Do not need all three. Can have only strong evidence of Planning, or Motive + 1
	Implied Malice	D commits act that results in a high probability of death D is aware of the risk and consciously disregards it
	Involuntary Manslaughter	Criminal Negligence requires that D commit a dangerous act and a reasonable person would have been aware of the riks 1. Dangerous Act 2. Objective awareness of the risk
	Causation	1. D must be cause-in-fact of death 2. An intervening cause must be reasonably foreseeable result of D's act
	Burglary	Act: Defendant enters a building or other enumerated structure MS: with the intent to commit larceny or an other felony Cannot invade own home. Intent can be formed after entry
	Robbery	The unlawful taking of another's property by force or fear from the immediate presence of that person
	Embezzlement	A taking of property WITH consent where the intent to deprive permanently is formed after the taking.
	Misappropriation	Appropriate property without reasonable efforts to find and restore the property to the true owner
	Receiving Stolen Property	Receipt or concealment of stolen property that is known by the D to be stolen
	Exculpating D for Unlawful Conduct (Intent Present)	If D is involuntarily intoxicated, and intended to commit a crime, he cannot be held culpable because of a reasonable mistake of fact exists.
	Negating Intent for Theft	If D reasonably and in good faith believed he had a claim of right to the property, not guilty.
	Larceny	The taking away of property of another without consent, with the intent to permanently deprive that person of their property.
	Larceny by Trick	The taking away of property of another with consent, but where consent is gained by trick, with the intent to permanently deprive the person of their property.
	False Pretenses	The taking of property/title of another with consent, where consent is gained by false representations or fraudulent intent regarding present or future fact.
	Assault	An unlawful attempt, combined with the present ability, to commit a battery. Assault with deadly weapon 1. State must prove that a reasonable person would have known that the result of a discharging a firearm at a person could be a battery 2. D must have knowledge of his act, must know kids were in truck
	Entrapment	When conduct of a law enforcement agent is likely to induce a normally law-abiding person to commit an offense. Fed: D cannot harbor any pre-existing criminal intent
	Self-Defense	D may use deadly force if D honestly (obj) and reasonably (subj) believes he is in imminent danger of death or serious bodily harm, even if reasonable belief is incorrect
	Imperfect Self-Defense	When D uses deadly force because of an honest but unreasonable belief that he was in imminent danger of death or serious bodily injury. (Involuntary Manslaughter)
	When you cannot claim SD	1. If D is initial aggressor - unless first D withdraws and gives fair notice - unless D fully retreats - unless D initiates with Non-Deadly Force, and V responds with deadly force 2. D agreed to mortal combat 3. Danger feared was not imminent
	Insanity Defense	At the time of the offense, a mental defect caused D to 1. not know the nature of the act, or 2. not know that the act was morally wrong Must be a settled defect.
	Defense of Others	When intervening party sees an attack upon another person and has a reasonable belief that V is in imminent danger, he may respond with proportionate force. Imperfect SD: Reduces Murder to Manslaughter
	Battered Women's Syndrome	Evidence of battery is relevant to reasonableness, obj. test of belief of imminent danger. Can take into account hyper-vigilance
	Due Process Violation	Outrageous Police Behavior, i.e. police instigate riots so they can arrest gang members who participate.
	Attempt	D must have specific intent to commit target crime and D's actions must go beyond mere preparation
	Conspiracy	When two or more people agree to commit a crime. Must intend to agree and have specific intent to commit the substantive crime. Must be some overt act in furtherance of agreement
	Rape	D has sex with person against his or her will by means of duress, menace, force or fear of immediate bodily injury. Mistake of Fact only a defense to Rape when D honestly and reasonably believe V consented Mistake of Fact a defense to Statutory rape when D honestly and reasonably believed V was 18 MoF never a defense to Lewd and Lascivious Conduct on a Child under 14. Strict Liability mental state
	Mistake of Law	Mechanics Lien Misled by government official
	Factors for Strict Liability Crimes	1. Statutes history and context 2. General provisions of mens rea 3. Severity of punishment 4. Seriousness of harm to public 5. Difficulty in ascertaining facts 6. Difficulty in disproving mental state 7. Number of expected prosecutions
	Actus Reus	A state may only prosecute a person who 1. Voluntarily acted 2. Was conscious of the act Failure to Act: Only applicable in special relationship cases
	Mens Rea	In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime.

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