Criminal Law Key Concepts
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Questions and Answers

What does strict liability entail regarding potential penalties?

  • It can result in both fines and jail time.
  • It can only result in fines. (correct)
  • It can lead to civil lawsuits.
  • It can include community service.

In the context of specific intent, what type of mistake can negate culpability?

  • An unreasonable mistake of law.
  • A careless mistake.
  • A deliberate mistake of fact.
  • An honest mistake of fact. (correct)

Which level of culpability is affected by a mistake of fact?

  • Strict liability.
  • Specific intent. (correct)
  • Misdemeanor intent.
  • General intent.

What is true about mistakes in strict liability offenses?

<p>They do not affect culpability. (C)</p> Signup and view all the answers

How is general intent treated differently than specific intent concerning mistakes?

<p>General intent is negated by an honest and reasonable mistake. (A)</p> Signup and view all the answers

Which statement about criminal intent regarding mistakes of law is accurate?

<p>Ignorance of law is usually not an excuse. (C)</p> Signup and view all the answers

What does recklessness imply in the context of criminal intent?

<p>Conscious disregard of a substantial and unjust risk. (B)</p> Signup and view all the answers

What distinguishes the levels of culpability outlined in the content?

<p>Each material element has its own distinct culpability level. (A)</p> Signup and view all the answers

What was the court's ruling regarding the necessity defense in the Dudley and Stephens case?

<p>The necessity defense was not applicable due to the nature of the act. (D)</p> Signup and view all the answers

Under what condition must a danger be to justify the use of deadly force?

<p>The danger must be immanent and pressing. (C)</p> Signup and view all the answers

What condition precludes a person from claiming self-defense after provoking deadly force?

<p>If they were the first aggressor. (B)</p> Signup and view all the answers

Which of the following is NOT a recognized excuse for criminal liability?

<p>Economic hardship (B)</p> Signup and view all the answers

What must exist for a threat to constitute duress?

<p>The threat must involve serious violence. (C)</p> Signup and view all the answers

What is the traditional requirement concerning retreat in self-defense scenarios?

<p>There is no duty to retreat when in one's own home. (B)</p> Signup and view all the answers

What does the Clean Hands doctrine imply in the context of excuses for criminal behavior?

<p>Defendants cannot seek to excuse their actions if they have engaged in wrongdoing. (D)</p> Signup and view all the answers

What is notably excluded from the defense of necessity in the context of intentional homicide?

<p>Killing one person to feed others in survival situations. (A)</p> Signup and view all the answers

What is the role of an accomplice in a crime?

<p>May include principals in the second degree or accessories before (C)</p> Signup and view all the answers

Which statement accurately describes the de minimis contribution factor?

<p>It indicates that a defendant's conduct can be insubstantial compared to an intervening event. (C)</p> Signup and view all the answers

What determines the extent of accomplice liability under modern law?

<p>The accomplice's mental state regarding their own actions (D)</p> Signup and view all the answers

In the context of liability, what does reasonable foreseeability imply?

<p>Liability remains even if the intervening act was foreseeable. (D)</p> Signup and view all the answers

What is the distinction between murder and manslaughter?

<p>Murder involves malice aforethought, whereas manslaughter does not. (B)</p> Signup and view all the answers

What must be proven for a defense of insanity under M'Naughten standard?

<p>D did not know the nature and quality of the act and did not know it was wrong (C)</p> Signup and view all the answers

Which factor may eliminate liability due to apparent safety?

<p>The victim's ability to escape harm. (D)</p> Signup and view all the answers

In which of the following scenarios would a coerced party likely be acquitted?

<p>They committed the crime but were forced to do so (B)</p> Signup and view all the answers

Which of the following is NOT an intent related to the offense?

<p>Intent as to actions taken towards the victim (A)</p> Signup and view all the answers

What is the standard for determining whether the defense of others is justified under MPC?

<p>The intervener must reasonably believe that force is necessary (D)</p> Signup and view all the answers

How does the MPC differ from traditional accomplice liability rules?

<p>MPC limits liability to the accomplice's own mental state. (B)</p> Signup and view all the answers

Which element is NOT part of the necessity defense?

<p>There must be lawful alternatives available (D)</p> Signup and view all the answers

What is the effect of free, deliberate, and informed human intervention on liability?

<p>It breaks the chain of causation back to the defendant. (C)</p> Signup and view all the answers

Under the principle of 'imperfect self-defense', what can arise from an unreasonable belief in the necessity to act?

<p>Voluntary manslaughter (B)</p> Signup and view all the answers

What constitutes homicide under legal definitions?

<p>Killing of a person without justification or excuse. (D)</p> Signup and view all the answers

What does the MPC say regarding a person's capacity when claiming insanity?

<p>D must lack substantial capacity to appreciate the criminality of their conduct (C)</p> Signup and view all the answers

Which statement best describes the function of punishment?

<p>It is the state's deliberate infliction of suffering and stigma on individuals who commit wrongs (B)</p> Signup and view all the answers

What is the primary requirement under the Definition of 'Necessity' for D's acts?

<p>There should have been no other means to avoid the harm (A)</p> Signup and view all the answers

Which of the following is required under Modern Law for a defense against conspiracy?

<p>At least one overt act in furtherance of the enterprise. (D)</p> Signup and view all the answers

What distinguishes the Model Penal Code (MPC) definition of conspiracy from traditional common law?

<p>It requires at least one overt act in furtherance of the offense. (A)</p> Signup and view all the answers

Under the Pinkerton Doctrine, what are members of a conspiracy responsible for?

<p>Any foreseeable crime committed by any other member in furtherance of the conspiracy. (D)</p> Signup and view all the answers

Which of the following is NOT considered a form of nonconsent in the context of rape and statutory rape?

<p>Victim's denial of consent after the act. (B)</p> Signup and view all the answers

What type of consent issue can arise in cases of rape by fraud?

<p>Consent obtained through misrepresentation unrelated to the act. (A)</p> Signup and view all the answers

Under the agency rule, who is held responsible for deaths caused by intentional crimes?

<p>The felon and accomplices (A)</p> Signup and view all the answers

Which of the following best describes proximate cause as per the minority rule?

<p>Anyone can be held responsible if their actions set the events in motion (D)</p> Signup and view all the answers

What is required to establish attempt liability under the given rules?

<p>Intent to commit a substantive offense and a close act toward it (A)</p> Signup and view all the answers

Which statement is true regarding abandonment as a defense to attempt liability?

<p>D can abandon the attempt after crossing the attempt line (C)</p> Signup and view all the answers

Which of the following statements accurately reflects the knowledge requirement for attendant circumstances under the modern rules?

<p>Knowledge is not required; recklessness can suffice (A)</p> Signup and view all the answers

Flashcards

Specific Intent Crime

A crime that requires a specific mental state, such as the intent to harm someone.

General Intent Crime

A crime that does not require a specific mental state; the act itself is enough.

Strict Liability Crime

A crime where the defendant is held liable regardless of their mental state.

Mistake of Fact Defense

A mistaken belief about a fact that can negate the mental state required for a crime.

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Unreasonable Mistakes and Specific Intent

An honest but unreasonable mistake of fact can negate specific intent crimes.

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Reasonable Mistakes and General Intent

An honest and reasonable mistake of fact can negate general intent crimes.

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Mistakes and Strict Liability

Mistakes of fact have no effect in strict liability crimes.

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Mistake of Law

Ignorance of the law is generally not a valid defense to criminal charges.

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Proximate Cause Rule

The defendant is liable for any death caused by the felon, accomplice, or anyone else if the act was set in motion by the felon or accomplice's behavior.

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Agency Rule

The defendant is only liable for deaths caused by the felon and accomplices, not by police officers acting in response to the crime.

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Complete Attempt

An attempt to commit a crime is completed when the defendant does everything necessary to commit the target offense, even if the intended harm does not occur.

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Factual Impossibility

It is not a defense to an attempt crime if the defendant's actions were impossible due to circumstances beyond their control.

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Abandonment

A defendant can generally abandon an attempt crime before completing it, negating criminal liability.

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Intervening Event

An event that occurs after the defendant's actions, contributing to the final outcome. Examples include acts of nature, actions of independent third parties, or the victim's own actions.

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De Minimis Contribution

The defendant's conduct is so minor compared to the intervening event that it can't be considered a significant cause of the harm.

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Free, Deliberate, and Informed Human Intervention

An intervening event that completely breaks the chain of causation, such as a free, deliberate, and informed human intervention following the defendant's actions.

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Intent for Principal's Act

The defendant's mental state regarding the actus reus (the criminal act) of the principal's crime.

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Intent for Principal's Results

The accomplice's purpose or knowledge concerning the results of the principal's actions.

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Principal

The perpetrator of the crime; the one who physically commits the actus reus.

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Accomplices

Individuals who assist or aid the principal in committing a crime.

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Murder

A crime that involves the unlawful killing of another human being with malice aforethought, meaning with intent to kill or with reckless disregard for human life.

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Manslaughter

The unlawful killing of another human being without malice aforethought, usually characterized by a less culpable mental state, such as recklessness or negligence.

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Extent of Accomplice Liability

The scope of liability an accomplice may face for crimes committed by the principal. Generally, an accomplice can be held accountable for any crime that was a natural and probable consequence of the crime they intended to assist.

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Pinkerton Doctrine

A defendant can be found liable for crimes committed by other members of a conspiracy, as long as those crimes were reasonably foreseeable, even if the defendant did not personally commit them.

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MPC's Renunciation of Conspiracy

To avoid liability for conspiracy, a defendant must renounce their criminal purpose and take action to prevent the crime from succeeding.

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Rape

A law where sexual intercourse without consent is a crime.

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Statutory Rape

A law where sexual intercourse with someone under the age of consent is a crime, regardless of consent.

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Proving Rape: Nonconsent

Proof of force or threat of force and/or proof of resistance by the victim is required. Silence is not consent.

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Necessity Defense

A defense based on choosing the lesser of two evils, where an individual claims their actions were necessary to avoid a greater harm.

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Duress

This occurs when a defendant takes an action that is otherwise illegal, but they acted under a threat of serious violence. The threat must be immediate and directed at the defendant or someone close to them.

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Reasonable and Sincere Belief

An honest and sincere belief that the defendant is in imminent danger of serious harm. This belief must be reasonable, meaning a person in similar circumstances would also believe they were in danger.

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First Aggressor

The idea that a person who initiates or escalates a confrontation cannot later claim self-defense. Basically, you can't provoke someone and then claim you were defending yourself.

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Duty to Retreat

In some jurisdictions, there's a requirement to retreat before using deadly force. This means if you can safely withdraw from the situation, you must do so before resorting to deadly force.

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Castle Doctrine

A legal doctrine that says a person is not obligated to retreat from their own home when attacked. They can use deadly force to protect themselves.

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Duress as a Defense to Homicide

This is not an accepted defense for intentional homicide. This means that even if you were under duress, you cannot use it as an excuse to kill someone.

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Proximate Cause

This doctrine states that a defendant is responsible for the death of anyone who was killed as a direct result of their actions, including the victim, accomplice, or even the police officers responding to the crime.

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Reasonableness Standard

An objective standard used to determine whether a person acted reasonably in a given situation, especially when considering self-defense. It asks whether a 'person of reasonable firmness' would have acted in the same way.

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Imperfect Self-Defense

A defense to murder that occurs when the defendant acted under an unreasonable belief that they were in imminent danger of being killed or seriously injured, and therefore used deadly force.

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Insanity Defense

A defense to criminal liability that involves proving the defendant was suffering from a significant mental disease or defect and was incapable of knowing the wrongfulness of their actions at the time of the crime.

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Functions of Punishment

The intentional infliction of suffering and stigma on an individual who has committed a crime. This is the core purpose of punishment by the state.

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Defense of Others

The right of an individual to use force to protect another person from imminent harm, as long as the force appears reasonably necessary.

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Coercion Liability

A legal doctrine that holds that a party who coerces another person into committing a crime should be held liable for the crime, even if the coerced party is acquitted.

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MPC Insanity Test

The Model Penal Code's (MPC) version of the insanity defense, focusing on whether the defendant lacked substantial capacity to appreciate the criminality of their actions or conform their conduct to the law due to a mental disease or defect.

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Study Notes

Criminal Law Key Concepts

  • Criminal behavior involves conduct, mental state (mens rea), causation, harm, and lack of justification.
  • Actus reus refers to the conduct itself.
  • Mens rea involves the intent to commit a crime (purposely, knowingly, recklessly, or negligently).
  • Causation links the conduct to the harm.
  • Attendant circumstances are objective facts that must exist for a crime to happen.
  • Concurrence means the actus reus and mens rea must occur together.
  • Omissions are typically not considered criminal acts, unless there is a legal duty to act imposed by statute or other special circumstances.

Mens Rea

  • Purposely: Intending to achieve a specific result.
  • Knowingly: Conscious awareness that a result is practically certain to occur.
  • Recklessly: Aware of a substantial and unjustifiable risk, and consciously disregarding it.
  • Negligently: Should have been aware of a substantial and unjustifiable risk, but did not realize it.
  • Strict Liability: Liability without regard to the defendant's state of mind.

Criminal Intent

  • Specific intent: extra layer of intent concerning the action and underlying purpose.
  • General intent: intent related to the conduct itself.

Criminal Intent-Mistake of Fact

  • Honest mistake about facts relating to the crime can be a defense, even if unreasonable.

Criminal Intent – Mistake of Law

  • Generally, ignorance of the law is not a defense, unless it negates culpability, the statute has not been made public, or there is reliance on an official statement.

Causation

  • But-for causation: The result would not have occurred but for the defendant's conduct.
  • Concurrent sufficient causation: Two separate acts by two people independently are sufficient to cause the result.
  • Acceleration causation: an action that speeds up the process leading to death or harm.
  • Proximate causation: whether it is fair to hold a person guilty, considering that intervening events also contributed. Relevant factors include the intervening event being minor or foreseeably predictable.

Criminal Participants

  • Principals: those directly involved in committing a crime.
  • Accomplices: those who assist in the crime and know that their assistance will accomplish the crime.
  • Accessories after the fact: those who help a criminal escape or hide from authorities following the offense.

Criminal Homicide

  • Includes murder, manslaughter, and negligent homicide.
  • Types of Murder
    • Intent to kill
    • Intent to cause great bodily injury
    • Depraved-heart murder
    • Felony murder
  • Manslaughter
    • Common law definitions still exist (Voluntary and Involuntary).
    • MPC voluntary and involuntary distinctions are different due to extreme emotional disturbances.

Attempts

  • Attempt liability involves the intent to commit a crime and taking substantial steps toward that commission, falling short of completion.
  • Complete attempts: all steps leading to the crime were performed, but the crime was not completed.
  • Incomplete attempts: some steps were taken towards the crime, but the crime was not completed.
  • Conduct elements: Substantial steps necessary to complete the crime.
  • Attendant circumstances and material elements: knowledge of the facts is required.
  • Mens rea: intent for the conduct and the target crime.

Conspiracy

  • An agreement between two or more people to commit a crime.
  • Conduct includes agreement and an overt act in furtherance.
  • Requirements of the agreement vary depending on the jurisdiction.

Rape/Sexual Assault

  • Focuses on the absence of consent.
  • Modern laws are gender-neutral, as opposed to the historical focus on the male perpetrator and victim.
  • Non-consent can be shown by absence of affirmative consent, or by various other actions demonstrating lack of permission.

Defenses

  • Self-defense: use of reasonable force against a threat.
  • Necessity: acting in response to an imminent danger or lesser threat.
  • Duress: performing an illegal act under a threat of severe injury.
  • Other defenses focus on the mental state of the actor in committing the crime and are frequently subjective and context dependent.

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Criminal Law - LSE F23 PDF

Description

This quiz explores the essential concepts of criminal law, focusing on the key elements such as actus reus, mens rea, causation, and concurrence. Dive into the distinctions between different mental states and understand how they relate to criminal responsibility. Test your knowledge on what constitutes criminal behavior.

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