CRIMINAL LAW FLASH CARDS COPYRIGHT 2010 PATRICK GOULD, J.D., M.A. Gould's Bar Examination Flash Card...

CRIMINAL LAWFLASH CARDS

COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.

Gould's Bar Examination Flash Card Webinar Series

CRIMINAL LAW SHOPPING LIST





CRIMINAL LAW SHOPPING LIST

1. MURDER2. MURDER DEFENSES3. VOLUNTARY MANSLAUGHTER4. INVOLUNTARY MANSLAUGHTER5. ATTEMPT AND ATTEMPTED

MURDER6. THEFT AND STRUCTURE CRIMES7. CRIMES AGAINST THE PERSON8. SOLICITATION AND CONSPIRACY9. VICARIOUS LIABILITY10. NEW CRIME SITUATIONS

MURDER:BASIC TEMPLATE





HOMICIDEACTUAL CAUSE

PROXIMATE CAUSEMALICE

DEGREES OF MURDERDEFENSES

VOLUNTARY MANSLAUGHTERINVOLUNTARY

MANSLAUGHTER

MURDER: BASIC TEMPLATE

MURDER: FULL TEMPLATE





MURDER: FULL TEMPLATE

HOMICIDE. Year-and-a-Day Rule. ACTUAL CAUSE But For Test. Substantial Factor Test. PROXIMATE CAUSE. Foreseeability. Intervening Events. Duty to Aid or Rescue. MALICE AFORETHOUGHT/ Mens rea. INTENT TO KILL. Deadly Weapon Doctrine. FELONY MURDER. Independent Felony. During Commission of Crime / No Safe Harbor. Inherently Dangerous by Statute or Commission. Co-Felon Liability. INTENT TO CAUSE SERIOUS BODILY INJURY. DEPRAVED HEART.

DEGREES OF MURDER. FIRST-DEGREE. Intent to Kill. Premeditation. Deliberation. Felony Murder. Inherently Dangerous by Statute or Commission. SECOND-DEGREE. All Malice States. MURDER DEFENSES. VOLUNTARY MANSLAUGHTER. Heat of Passion Defense. Imperfect Defenses. INVOLUNTARY MANSLAUGHTER. Gross Negligence. Malum in se, Malum prohibitum.

VOLUNTARY MANSLAUGHTER





VOLUNTARY MANSLAUGHTER

VOLUNTARY MANSLAUGHTER.

Heat of Passion Defense. 1. Reasonable Provocation.

2. Actually Provoked. 3. Insufficient Time to Cool Off.

4. Did Not Cool Off. Rekindling Of Passion.

Imperfect Defenses. Unreasonable Mistake.

CRIMINAL LAW DEFENSES





CRIMINAL LAW DEFENSES

SELF-DEFENSEMISTAKE

DEFENSE OF PROPERTYDEFENSE OF OTHERSLAW ENFORCEMENT

NECESSITYCHOICE OF EVILS

MAINTAINING AUTHORITY

DURESSCONSENT

ENTRAPMENTINSANITY

INTOXICATIONINFANCY

AUTOMATISMDIMINISHED

RESPONSIBILITY

ATTEMPT





SPECIFIC INTENT. SPECIFIC INTENT FOR CRIME. FOR ATTEMPTED MURDER, INTENT TO KILL.

SUFFICIENT ACT. EQUIVOCALITY TEST. PROXIMITY TEST. MPC SUBSTANTIAL STEP TEST.

DEFENSES. IMPOSSIBILITY. RENUNCIATION / WITHDRAWAL.

ATTEMPT

TAKING OF PERSONAL PROPERTY





TAKING OF PERSONAL PROPERTY

LARCENYEMBEZZLEMENT

FALSE PRETENSESROBBERY

EXTORTION / BLACKMAILFORGERY

RECEIPT OF STOLEN PROPERTY

LARCENY





LARCENY

INTENT TO PERMANENTLY DEPRIVETRESPASSORY TAKING

CARRYING AWAYPERSONAL PROPERTY

OF ANOTHERRE-TAKING OWN PROPERTY DEFENSE

CLAIM OF RIGHT DEFENSE

EMBEZZLEMENT





EMBEZZLEMENT

FRAUDULENT CONVERSION

PROPERTY OF ANOTHER

WHILE IN RIGHTFUL POSSESSION


ROBBERY



Bar Examination Flash Card Webinar Series


ROBBERY

LARCENY

PRESENCE OF VICTIM

FORCE OR THREAT OF FORCE

RE-TAKING PROPERTY NOT A DEFENSE

FALSE PRETENSES





FALSE PRETENSES

FALSE REPRESENTATION

MATERIAL FACT

RELIANCE BY VICTIM

PASSING OF TITLE

PROPERTY OF ANOTHER


BURGLARY




COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.

BURGLARY

COMMON LAW BURGLARY. Breaking. Entering. Constructive Breaking and Entering. Dwelling of Another. At Night. Intent to Commit a Felony Therein.

MODERN BURGLARY. Breaking. Entering. Constructive Breaking and Entering. Protected Structure of Another. Intent to Commit a Crime.

ARSON





MALICEINTENT TO BURN

GROSS RECKLESSNESS

BURNINGCHARRING OF STRUCTURE

DWELLING OF ANOTHERINCLUDES MANY STRUCTURES

ARSON

CRIMES AGAINST THE PERSON





CRIMES AGAINST THE PERSON

ASSAULTBATTERY

FALSE IMPRISONMENTKIDNAPPING

RAPEMAYHEM

RAPE





Sexual Assault Without Consent

Mistake as to Consent Force or Threat of Force

ResistanceStatutory Rape

RAPE

CONSPIRACY




COPYRIGHT 2010 PROFESSOR GOULD, J.D. , M.A.

CONSPIRACY

CONSPIRATORIAL AGREEMENT. Implied, Feigned, MPC Unilateral View.

SPECIFIC INTENT FOR TARGET CRIME.

OVERT ACT IN FURTHERANCE. Many States Require Act in Furtherance.

PINKERTON RULE. Liability for Additional Foreseeable Crimes.

WHARTON’ S RULE. No Conspiracy for Bigamy, Adultery, Gambling, Dueling.

WITHDRAWAL. Voluntary, Communication, Thwarting of Conspiracy.

VICARIOUS LIABILITY





VICARIOUS LIABILITY

ACCOMPLICE LIABILITY. Principal. Additional Crimes by Principal. Accessory Before the Fact. Accessory After the Fact. RECEIPT OF STOLEN PROPERTY. CO-CONSPIRATORIAL LIABILITY. Target Crime. Pinkerton Rule. Withdrawal. FELONY MURDER. Accomplice Liability of Co-Felons.

MENS REA





MENS REA

SPECIFIC INTENT CRIMES.Attempt, Solicitation, Conspiracy, Assault, Larceny, Robbery, Burglary, Forgery, False Pretenses, Embezzlement and Intent to Kill Murder.

MALICE / EXTREME RECKLESSNESS.Murder that is Not Intentional, and Arson.

GENERAL INTENT CRIMES.Rape, Battery, False Imprisonment, Mayhem and Kidnapping. STRICT LIABILITY CRIMES.Statutory Rape, Public Welfare Regulations, Adultery, Bigamy, Traffic and Safety Regulations.

ACTUS REUS





VOLUNTARY ACT / ACTUS REUS

VOLUNTARY ACT. Guilty Thoughts Alone, Will Not Constitute a Voluntary Act.

INVOLUNTARY ACT. If Defendant is Pushed, Convulses, or Unconscious.

CONCURRENCE. Between Mental State and Criminal Act.

CAUSATION. By Defendant.

Date post:	17-Dec-2015
Category:	Documents
Upload:	melinda-ryan
View:	236 times
Download:	0 times

CRIMINAL LAW FLASH CARDS COPYRIGHT 2010 PATRICK GOULD, J.D., M.A. Gould's Bar Examination Flash Card...

Documents