Glossary of Bar Review Crim Law

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List 13 specific intent crimes
Inchoate Crimes
1) attempt
2) solitication
3) conspiracy
Personal Property Crimes
4) larceny
5) larceny by trick
6)false pretenses
8) forgery
9) burglary
10) robbery
11) assault
12)first degree intent to kill murder
13)voluntary manslaughter
List 7 General intent crimes
1) Rape
2) Battery
2) Arson
4) Kidnapping
5) False Imprisonment
6) Involuntary Manslaughter
7) Depraved Heart Murder
1) Merger at Common Law
2) If same act consisted several offenses of the same degree (ex: 3 felonies OR 2 misdemeanors)- is there merger?
1) If a person engages in conduct constituting both a felony AND a misdeamnor, she could be convicted only of the felony. Misd merges with felony.

2) No!
Merger at Modern Law
3 exceptions
1) and 2) Merger of ___ and ___ into completed crime.

3) what about general rule for when lesser and greater offenses...and its exception?
No merger
1) one who solicits another to commit a crime may not be convicted of BOTH the solitication and completed crime
2) no conviction for both ATTEMPT and COMPLETED crime
3) Merger of lesser included offenses merge into greater- so attachment of jeopardy for a lesser included offense bars retrial for the greater offense. EXCEPT. if the state is unable to proceed on the mroe serious charge at the outset bc addl facts necessary have not yet occured (someone dying)
Rules Against Multiple Convictions for Same Transaction
Double Jeopardy (DJ) prohibits trial or conviction of a person for a lesser included offense if he has been put in jeopardy for the greater offense
Johnny beats Howie in a heat of passion, and Howie is in the critical condition. State charged for attemped murder of Howie and is acquitted. Then Howie dies, can Johnny be tried for manslaughter then?
Yes. Generally, attachment of jeopardy for a lesser included offense bars retrial for the greater offense. An exception exists where the state is unable to proceed on the more serious charge at the outset bc additional facts necessary to sustain that charge have not yet occured (here, howies dying!)
What two crimes require Malice?

What is malice?

Do defenses for S.I. Crimes apply to malice?
Common Law Murder

Malice requires only a RECKLESS DISREGARD of an obvious or high risk that the paricular harmful result will occur

NO- its not specific intent- so voluntary intox, and other defenses do not apply to malice crimes.
Four insanity tests?

and definitions?
1. M'Naghten Rule- doesnt know right from wrong.
2. Irresistable impulse test
3. durham test- no crime but for his mental illness
4. MPC- m'naghten plus irresistable impulse rule!
Can the insanity defense be raised later if not raised at the arraignment?
Yes. simple not guilty at arraignment does not waive the right to raise the defense at some future date.
What two elements does Attempt consist of?
1. a s.i. to commit the target offense 2. a substantial step in the commission or attempted commission of the crime.
Depraved Heart Killing- define
Extremely negligent conduct which creates not only an unjustifiable but also very high degree of risk of death or serious bodily injury to anotehr or others, and which ACTUALLY causes the death of another
What are 7 examples of conduct that reach the level of depraved heart conduct?
1. firing a bullet into a room occupied, as D knows by several people. 2. shooting into a caboose of a passing train or a moving auto, occupied by humans. 3. throwing a beer glass at one who is has a lighted oil lamp. 4) playing Russian roulette 5) shooting at a point near, but not aimed directly at another person 6) driving a car at high speeds on main st. 7) shakin an infant so long and vigoroously that it cannot breathe.
How would you categorize a battery which results in an unintended death?
Involuntary manslaughter.
What is the usual type of voluntary manslaughter?
intentional killing of another in HEAT of PASSION cause a temp loss of self control.
Define involuntary murder
unintended homicide 1) where there is an unlawful kiling in the commission of an unlawful act not amounting to a felony or 2) in the commission of a lawful act wout due caution or circumspection (criminal negl manslaughter)
If a D has property that is stolen but doesnt know about it till later, and then decides not to give it back, is that larceny?
No, there must be a concurrence of mental fault and act= D must know that the property is stolen at the time when teh property comes into his/her possession.
Categorize the following:

firing a bullet into a room which D knows is occupied by several people and kiling someone
Depraved Heart Murder
Categorize the following:

Driving a car at a very high speed or recklessly along a main street and killing someone
Depraved Heart Murder
Categorize the following:

firing a bullet into the window of what appears to be an abandoned cabin and killing someone
invol mansl
driving a car at very high speed along an INFREQUENTLY traveled country road and killing someone
involuntary man
Firing a bullet into a passenger train and killing someone is ____
Depraved Heart Murder
Throwing an object from the roof of a tall building onto the busy street and killing someone is _____
Depraved Heart Murder
Firing a bullet onto a freight train and killing someone is ____
Involuntary manslaughter
Throwing an object from the roof of a house in a residential neighborhood and killing someone is ____
involuntary manslaughter
At common law, assault and battery were misdemeanors and anytime the crime of assault or crime of battery causes an unintentional killing the defendant is guilty of _______ otherwise known as ____
misdemeanor manslaughter, involuntary manslaughter
Is legal impossiblity a defense to attempt at common law?
Burglary defined at CL
breaking and entering another's dwelling house at night with the intent to commit a felony (misdemeanor will not do)
Legal impossibility defined
Case in which the D did everything he intended to do but yet had not committed te completed crime.
When is mistake of fact a defense?
When it negates the existence of a mental state required to establish a material element of the crime.
To negate the existence of a general intent, what must the mistake of fact be?
REASONABLE- to the extent that a reasonable person would have made that type of mistake.
to negate the existence of a SPECIFIC intent crime, a mistake of fact _______
can be unreasonable, provided it is honest.
Victor got really drunk and raped april, but claims that he thought she had consented? jury said that since he was drunk it was an honest but unreasonable belief that she was consenting. what result?
Rape is a general intent crime, so mistake of fact must be reasonable- since it was not reasonable- he is guilty!
Is mistake of fact or ignorance a defense to a SL claim?
NO! Strict Liability!!!
General Mistake of Law rule...
Two general exceptions..
Gnrally, ignorance of law is no defense....
a) unless statute proscribing it has not been reasonably made available or D relies in good faith, upon an erroneous official statement of law contained in an administrative order...
Where an element of a crime involves KNOWLEDGE of awareness by defendant, is a mistake of law to this element a valid defense?
If Jon erroneously thinks that flashing is a felony- and he breaks in and enters sheila's house with the intent to flash her- is he guilty of burglary?

Is he guilty of attempted burglary?
No- because burglary requirse breaking and entering into one's dwelling with the intent to commit a felony- Jon intended to flash her and thinks that is a felony, but it is not- so he does not have the intent to commit a felony (his mistake of the law is a valid defense bc it negates the mental state here).

No- because again, he did everything he intended- but had not completed the crime.
Generally, what qualified for felony murder?
Homicide must have some causal connection with teh felony in oreder to qualify for felony murder. Death must be a foreseeable and natural result of the felony....
If a robber (with da booty) is stopped by a policeman for speeding some time after and some distance away from the place of robbery and he shoots the policeman to death to prevent his discovery of the stolen goods, is the causal connection close enough f
1. yes- close tnough in the commission if he has the booty.

2. might not be close enough.

3. naturally fleeing from arson when he shot the officer- so homicide "in the commission of the felony"
what is the standard test for felony murder?
was there a suff causal connection depends on whether the D's felony dictated his conduct which led to homicide...
Can duress be a defense to murder?

Felony murder?
1. NO

2. Yes, if it negates the underlying felony- like duress is a defense to arson, even though the fire killed someone.

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