Criminal Law and Liability Flashcards

Before a person can be convicted of a crime, the prosecution must first establish the "corpus delicti." What does this legal principle require the prosecution to prove?

Answer: That a specific injury or harm occurred as a result of a criminal act.

Corpus delicti, which translates to "body of the crime," is a fundamental principle requiring the prosecution to present evidence that a crime was actually committed. This involves proving two elements: (1) an injury, loss, or harm has occurred, and (2) this harm was caused by a criminal act, not an accident or natural causes. This proof must be established independently of a defendant's confession.

A man knowingly helps his friend hide from the police after the friend has committed a felony robbery. Under the California Penal Code, what is the man's criminal liability?

Answer: Accessory

California Penal Code § 32 defines an accessory as someone who, after a felony has been committed, harbors, conceals, or aids a principal with the intent that the principal may avoid arrest, trial, or punishment, knowing the principal committed the felony. The man's actions of knowingly hiding a friend who committed a felony fit this definition precisely.

Which of the following best describes "specific intent" as an element of a crime?

Answer: The intent to commit a prohibited act with the purpose of achieving a specific additional consequence.

Specific intent crimes require the prosecution to prove not only that the defendant intended to commit the prohibited act (actus reus) but also that they intended to achieve a specific additional result or goal. For example, burglary requires entering a structure (the act) with the specific intent to commit a felony or theft therein (the additional consequence).

An on-duty officer, acting under their official authority, seizes and destroys a citizen's protest sign because the officer personally disagrees with its political message. This action deprives the citizen of their First Amendment rights. The officer could be subject to civil liability under which federal statute?

Answer: 42 U.S.C. § 1983

42 U.S.C. § 1983 is a federal law that creates a cause of action for individuals whose constitutional rights have been violated by a person acting "under color of state law." Since the on-duty officer used their official position to deprive a citizen of their right to free speech, this statute provides the legal basis for a civil lawsuit against the officer.

For a person to be found guilty of a criminal attempt under California law, they must take a direct but ineffectual step toward completing the crime and:

Answer: Have the specific intent to commit the target crime.

Under California Penal Code § 21a and § 664, a criminal attempt has two essential elements: (1) the specific intent to commit the target crime, and (2) a direct but ineffectual act done toward its commission. The act must be more than mere preparation; it must be a step that puts the plan into action. The specific intent to actually complete the crime is a required mental state.

An officer is investigating a report of a stolen bicycle. The officer finds a person with a bicycle that perfectly matches the description. The person provides a convincing, but ultimately false, receipt and genuinely believes they purchased the bicycle legally from a third party. If this person is charged with possession of stolen property (a specific intent crime requiring knowledge), which defense would be most applicable?

Answer: Mistake of fact

A mistake of fact can be a valid defense if it negates the required mental state (mens rea) for the crime. The crime of possessing stolen property requires that the person *knows* the property is stolen. If the person genuinely and honestly believed they acquired the bicycle lawfully, their mistaken belief about this fact would negate the required specific intent, making "mistake of fact" the most appropriate defense.