FE-1 Criminal Law flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Actus reus

The physical element of a crime: a voluntary act or legally required omission that causes the prohibited result. Status, thoughts, and involuntary movements do not qualify.

Mens rea

The mental state required for a crime, such as purpose, knowledge, recklessness, or negligence. Each material element may carry its own mens rea requirement.

Specific intent

A crime requiring intent to achieve a specific result beyond the act itself, such as burglary or larceny with intent to permanently deprive. Voluntary intoxication and unreasonable mistake may negate it.

Malice aforethought

The mental state for common law murder: intent to kill, intent to cause serious bodily harm, reckless indifference to an unjustifiably high risk to life, or felony murder.

Felony murder rule

A killing committed during an inherently dangerous felony is murder, even without intent to kill. The felony must be independent of the killing and the death foreseeable.

Merger doctrine

An underlying felony merges into the homicide and cannot support felony murder if it is an integral part of the killing, such as aggravated assault.

Voluntary manslaughter

An intentional killing mitigated by adequate provocation without a cooling period, or by imperfect self-defense. It lacks malice and carries lesser punishment than murder.

Involuntary manslaughter

An unintentional killing caused by criminal negligence or a misdemeanor. It requires a lower mental state than murder and no malice aforethought.

Transferred intent

Intent to harm one person transfers to the actual victim harmed. It applies only when the resulting harm matches the intended crime's elements.

Omission liability

Failure to act is criminal only when a legal duty exists, such as by statute, relationship, contract, assumption of care, or creation of peril, and the defendant could act.

Causation

The defendant's conduct must be both the actual (but-for) and proximate cause of the result. A superseding intervening cause breaks the chain of liability.

Strict liability

Offenses that require no mens rea for any element. They are usually regulatory or public welfare statutes with light penalties, such as selling alcohol to minors.

Mistake of fact

A defense when it negates the required mental state. It must be reasonable for general intent crimes but may be unreasonable for specific intent crimes.

Mistake of law

Generally not a defense, except when it negates a specific intent element or when the defendant relied on an official statement later declared invalid.

Self-defense

Use of reasonable force against imminent unlawful force. Deadly force requires a reasonable belief in imminent death or serious bodily harm and no initial aggressor status.

Castle exception

No duty to retreat before using deadly force in one's own home when the defendant is not the initial aggressor and the intruder is not a co-occupant.

M'Naghten test

An insanity test excusing a defendant who, due to mental disease, did not know the nature and quality of the act or did not know it was wrong.

MPC insanity test

Excuses a defendant who lacks substantial capacity to appreciate the wrongfulness of conduct or to conform conduct to the law because of mental disease or defect.

Competency to stand trial

A present ability to understand the proceedings and assist counsel. It is distinct from insanity, which concerns mental state at the time of the offense.

Duress defense

A defense when a threat of imminent death or serious bodily harm compels the crime. It is not a defense to intentional homicide under the common law.

Entrapment

A defense when government agents induce the crime and the defendant was not predisposed. Predisposition is judged by the defendant's prior conduct and willingness.

Attempt

Specific intent to commit a crime plus a substantial step beyond mere preparation. Impossibility is generally no defense under the modern approach.

Conspiracy

An agreement between two or more persons to commit a crime, plus intent to agree and achieve the objective. An overt act may be required by statute.

Solicitation

Inciting another to commit a crime with intent that the person commit it. It merges into the completed offense if the solicited crime is committed.

Accomplice liability

Liability for intentional assistance to a principal, extending to foreseeable crimes in the natural and probable consequences chain. Withdrawal requires notice and neutralization.

Larceny

Trespassory taking and carrying away of another's personal property with intent to permanently deprive. It requires specific intent at the time of taking.

Embezzlement

Fraudulent conversion of property lawfully in the defendant's possession. The key distinction from larceny is lawful initial possession.

False pretenses

Obtaining title to property by an intentional false statement of past or existing fact with intent to defraud. Obtaining only possession is larceny by trick.

Robbery

Larceny from a person by force or intimidation. The force must be used to obtain or retain the property, not merely to escape after taking.

Burglary

Common law burglary is breaking and entering the dwelling of another at night with intent to commit a felony therein. Modern statutes often drop the nighttime element.

Arson

Common law arson is the malicious burning of the dwelling of another. Malice includes intentional and reckless burning, but scorching alone is insufficient.

Battery and assault

Battery is unlawful application of force causing harmful or offensive contact. Assault is either attempted battery or placing another in reasonable apprehension of imminent battery.