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Free flashcards to ace your Bar exam - Criminal Law
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Criminal Law
47 flashcards
Fraud is an intentional act of deception for the purpose of financial or personal gain.
Money laundering is the process of concealing the origins of illegally obtained money.
Homicide is the criminal act of killing another human being. It includes charges like murder, manslaughter, and negligent homicide.
First-degree murder is an intentional and premeditated killing. Second-degree murder is intentional but without premeditation.
Theft is the illegal taking of another person's property or services without their consent and with the intent to permanently deprive them of it.
Robbery is theft that involves the use of force, violence, assault, or putting the victim in fear.
Burglary is the act of illegally entering a building or dwelling with the intent to commit a crime, usually theft.
Assault is the intentional creation of reasonable apprehension of imminent harmful or offensive contact in another person.
Battery is the intentional and unlawful use of force or violence against another person, resulting in harmful or offensive contact.
Self-defense is a legal defense that allows a person to use reasonable force to protect themselves from imminent harm or danger.
The insanity defense is a legal theory that a person should not be held criminally responsible for their actions if they were mentally incapable of understanding what they did was wrong.
The entrapment defense argues that law enforcement induced a person to commit a crime they were otherwise not predisposed to commit.
Involuntary manslaughter involves an unintentional killing due to criminal negligence or recklessness. Voluntary manslaughter involves an intentional killing with adequate provocation or in a heat of passion.
The felony murder rule holds that if a death occurs during the commission of a dangerous felony, the felons can be charged with murder.
Larceny is a form of theft that involves the unlawful taking and carrying away of someone else's personal property.
Criminal trespass is the act of unlawfully entering or remaining on someone else's property without permission.
Arson is the criminal act of intentionally and maliciously setting fire to burn property or structures.
Kidnapping is the criminal act of unlawfully seizing, confining, abducting, or carrying away a person against their will.
Solicitation is the criminal act of trying to persuade someone else to commit a crime.
Conspiracy is an agreement between two or more people to commit an unlawful act.
The Castle Doctrine provides that a person has no duty to retreat from their home before using force in self-defense against an intruder.
The 'make my day' law provides civil liability immunity for homeowners who use force against intruders.
The intoxication defense argues that a person was too intoxicated by drugs or alcohol to form the required criminal intent.
The battered woman syndrome defense argues that a pattern of abuse can help explain a woman's use of force against her abusive partner.
Strict liability crimes do not require a mens rea or criminal intent - the act alone is criminal regardless of intent.
Embezzlement is a type of property theft that involves the fraudulent taking of money or property by someone to whom it was entrusted.
Forgery is the act of falsely creating, altering, or counterfeiting a document or signature with the intent to defraud.
Perjury is the criminal act of lying under oath in legal or official proceedings.
Extortion is the criminal act of obtaining money, property, or services through coercion, threats, or force.
Bribery is the offering, giving, soliciting, or receiving of any item of value to influence the actions of a person in a position of trust.
White-collar crimes refer to financially motivated, non-violent crimes committed by government professionals or businesses.
Racketeering refers to the operation of an illegal business or scheme to generate illegal profits, usually through extortion or coercion.
Accomplice liability is when a person is held criminally liable for facilitating or participating in a criminal act committed by someone else.
Drug crimes refer to the possession, manufacture, distribution or sale of controlled substances in violation of drug laws.
Rape is the act of sexual intercourse or penetration without the victim's consent, through force, threat of force, or incapacitation.
Sexual assault is any unwanted sexual contact or behavior that occurs without the explicit consent of the victim.
Harassment is unwanted conduct, speech, or behavior that creates an intimidating, hostile, or offensive environment.
Stalking is a pattern of harassing or threatening behavior directed at a specific person that causes them to fear for their safety.
The defense of duress argues that the defendant committed a crime under unlawful threat of imminent death or serious bodily injury.
Hate crimes are violent acts motivated by bias against race, religion, disability, ethnic origin, or sexual orientation.
Assault with a deadly weapon refers to an assault involving the use of a firearm or other object that could potentially cause death or serious bodily harm.
Malice aforethought refers to the required mental state for murder of intentionally taking a human life without just cause or excuse.
The M'Naghten Rule is a legal test for insanity focusing on whether the defendant was incapable of knowing the nature of the criminal act or that it was wrong at the time due to a mental defect.
Felony flight refers to attempting to evade arrest or fleeing from law enforcement after committing a felony crime.
Attempted murder is the criminal offense of attempting to intentionally kill someone, even if the attempt fails and no death results.
Inchoate offenses refer to crimes that involve taking steps towards the commission of another crime but where the intended crime is not fully completed.
The Rule of Lenity requires that ambiguous criminal statutes be interpreted in favor of the defendant and against the government.