Crim Flashcards
Actus reus elements
A voluntary affirmative act (physical) or an omission, causing a criminally proscribed result.
Is an unconscious/asleep/under hypnosis act voluntary?
No
What counts as a failure to act for actus reus?
When a duty exists either by statute, contract, special relationship, detrimental undertaking or causation.
Define mens rea
A guilty mind or legally proscribed mental state.
Do you need to establish mens rea for strict liability crimes?
No
Define specific intent crimes.
D has subjective desire, specific objective, or knowledge to accomplish prohibited result.
Which crimes are specific intent crimes.
FIAT: First-degree murder, inchoate offenses, assault with intent to commit battery, theft offenses
Define malice crimes.
Reckless disregard of a high risk of harm. Requires only a crim act without excuse, justification, or mitigation. Intent can be inferred from accomplishment of the act.
Define a general intent crime
Require the intent to perform the unlawful act. Intent can be purposely, knowingly, recklessly, or negligently.
What kind of crime is battery?
General intent crime
What kind of crime is rape?
General intent crime
What kind of crime is kidnapping?
General intent crime
What kind of crime is false imprisonment?
General intent crime
What kind of crime is CL murder?
Malice crime
What kind of crime is arson?
Malice crime
What kind of crime is first-degree murder?
Specific intent crime
What kind of crime is an inchoate crime?
Specific intent crime
What kind of crime is assault with intent to commit battery?
Specific intent crime
What kind of crimes are theft offenses?
Specific intent crimes
What is the principle of transferred intent?
When D causes with intent to cause harm to one person or object and that act directly results in harm to another person or object. Usually confined to homicide, battery, and arson. Does not apply to attempted crimes, only completed ones.
Doesn’t apply to mistaken ID???
What is the MPC rule around transferred intent?
Not specifically recognized, but liability is recognized when PKRN causing a particular result is an element of an offense???
What are the MPC mens rea standards?
Purposely: D’s conscious objective is to engage in the conduct or to cause a certain result.
Knowingly/willfully: D is aware or knows that the result is practically certain to occur based on his conduct.
Recklessly: D acts with a conscious disregard of a sub and unjustifiable risk
Negligently: D should be aware of a sub and unjustifiable risk that a material element of a crime exists or will result from his conduct (i.e. a gross deviation from the standard of care)
What is a strict liability crime?
No mens rea required; proof of the actus reus is sufficient for conviction.
What kind of crime is statutory rape?
Strict liability
What kind of crime is bigamy?
Strict liability
What kind of crime is regulation of food and drugs?
Strict liability
What is required for a crime to be deemed strict liability?
Clear leg intent to dispense with the mens rea bc generally disfavored
Define vicarious liability
No actus reus by D; imposes crim liability on D for the actus reus of a third party
What kind of crimes are generally vicarious liability crimes?
regulatory crimes
What is the typical punishment for vicarious liability?
Generally limited to fines
When can corps be held vicariously liable?
When act is performed by a high-ranking corp agent who likely reps corp policy
What is the causation requirement?
D’s mens rea if required must cause the actus reus and the act must cause the particular result made unlawful by statute.
What are the rules around mistakes of fact?
May negate crim intent (if honest). It’s a defense to specific intent crimes, even if unreasonable. It’s a defense to gen intent or malice crimes but only if reasonable. Mistake of fact is only a defense if it negates the defendant’s state of mind.
What are the rules around mistakes of law?
Only valid if D relied in court decision/admin order or official interp; statutory definition of malum prohibitum crime not available before conduct; or an honestly held mistake of law negates required intent or mental state.
Define an accomplice
a person who, with the requisite mens rea, aids or abets a principal prior to or during the commission of a crime
Define a principal in the second degree
an accomplice who is physically or constructively present during the commission of the crime
Define an accessory before the fact
an accomplice who is neither physically nor constructively present during the commission but who possesses the requisite intent
Accomplices (regular, principal in the second degree, or accessory before the fact) may be held liable for…
the crime and all other crimes that are the natural and probable consequences of the accomplice’s conduct
A defendant is not guilty as an accomplice when that person’s action is itself an essential element of the crime.
At common law, an accomplice could be convicted of a crime only if the principal was also previously convicted of the crime. In the majority of jurisdictions today, an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has been given immunity from prosecution, or is acquitted.
To withdraw, an accomplice must:
repudiate prior aid; do all that is possible to countermand prior assistance; and do so before the chain of events is in motion and unstoppable.
define an accessory after the fact
Aids or assists a felon to avoid apprehension or conviction after commission of the felony. Must know the felony was committed.
What are accessories after the fact liable for?
Only for the separate crime (ex: obstruction of justice or harboring a fugitive)
What is the diff insanity rules?
M’Naghten: D did not know either i) the nature and quality of the act, or ii) the wrongfulness of the act, bc of a defect of reason due to mental disease (“right from wrong” test).
Irresistible impulse test: D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law).
Durham rule: The unlawful act was the product of D’s mental disease or defect (“but for” test).
MPC: Combines M’Naghten and irresistible impulse. At the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to law, as a result of mental disease or defect.
What counts as voluntary intoxication?
Intentional taking of a substance known to be intoxicating. Need not intend actual intox.
What is voluntary intox a defense for?
Specific intent crimes if it prevents the formation of the required intent. Under the MPC, it’s a defense to crimes with a mental state that is “purposely” or “knowingly” and the intox prevents the formation of that mental state.
What counts as involuntary intox?
Taken without knowledge of the intoxicating nature, or under duress.
When is involuntary intox a defense?
When it negates an element of a general intent, specific intent, or malice crime.
Define homicide
The killing of a living human being by another.
Define murder (bar jx version)
CL murder: The unlawful killing of another living human being with malice aforethought.
What counts as malice?
1) Intent to kill: + conduct that is the legal cause of death.
2) Intent to do serious bodily injury: + unintentional killing.
3) Reckless indifference to human life: results from reckless indifference to an unjustifiably high risk to human life + unintentional killing (“depraved heart”); need not have had the intent to cause either death or serious bodily injury. OR
4) Intent to commit a felony: proximately caused by and during the commission or attempted commission of an inherently dangerous felony + unintentional killing (felony murder).
What is the felony murder rule
Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony (most common: BARRK (burglary; arson; robbery; rape; and kidnapping)).
Battery is not generally one of the crimes on which felony murder can be based.
What must P establish for felony murder?
The underlying felony and that D committed that felony.
What is the agency theory under the felony murder rule?
It’s the majority position. D is not liable for a bystander’s death caused by a felony victim or police officer.
What is the proximate cause theory under the felony murder rule?
The minority position. A bystander’s death falls under the rule bc the death is a direct consequence of the felony.
Is D liable for a co-felon’s death by a victim or police officer under felony murder rule?
No
Can the felony murder rule encompass death occurring after flight from the scene of the crime?
No
Define first-degree murder
Deliberate and premeditated murder, or after forming the intent to kill D had time for reflection?? Specific intent crime?? Also felony murder is first-degree murder.
Define second-degree murder and the kind of crime it is.
Malice crime. Committed with the necessary malicious intent (CL murder) or the default category if not first-degree murder.
Define voluntary manslaughter
Homicide committed with malice aforethought, but also with mitigating circs.
What is “heat of passion”?
A mitigating circ for voluntary manslaughter. Murder committed in response to a situation that could inflame a a reasonable person (ex: serious battery, threat of deadly force, but usually not mere words). It’s not a defense, just reduces murder to voluntary manslaughter. If there was sufficient time btw the provocation and the killing for a reasonable person to cool down, then not mitigated. Transferred provocation applies if D misidentified her provoker or accidentally kills the wrong person.
Imperfect defense?
Many states reduce murder to voluntary manslaughter if D started the altercation (???) or unreasonably believed in the necessity of using deadly force.
Define involuntary manslaughter
An unintentional homicide committed with crim neg or during an unlawful act.
Define crim neg for purposes of involuntary manslaughter
grossly neg action (or inaction when there is a duty to act) that puts another person at a significant risk of serious injury or death
Define and unlawful act for the purposes of involuntary manslaughter
A killing committed during the commission of a malum in se misdemeanor (ex: assault, battery) or a felony that is not treated as a first-degree felony murder or second degree murder.
Define larceny
Trespassory taking and carrying away of the personal prop of another with the specific intent to permanently deprive the owner of the prop.
Define larceny by trick
CL: The taking of personal property known to be owned by another that results in conversion of the property, with the intent to permanently deprive the victim of that property, by fraudulently inducing the victim to deliver possession of such property. A person who obtains possession of, but not title to property owned by another by lies, with the intent to permanently deprive the victim of that property and resulting in the conversion of the property, is guilty of larceny by trick.
Define forgery
Making of a false writing with apparent legal significance and with the intent to defraud.
Define embezzlement
Fraudulent conversion of the prop of another by a person who is in lawful possession of the prop.
Requires that the embezzler have been in lawful possession of the property at the time the intent to defraud occurs. If a man intended to sell the property at the time he obtained it, he was not in lawful possession of it ever, so the crime is larceny, not embezzlement.
Define false pretenses
Obtaining title to the prop of another through the reliance of that person on a known false representation of a material past or present fact and the rep is made with the intent to defraud.
Requires title to the property to pass from the victim to the defendant (not mere possession).
Define robbery
Larceny from the person or presence of the victim by force or intimidation
Define extortion
The taking of money or prop from another by threat. Making the threat (not obtaining the prop) is the essence of the crime (majority view). The threat need not be of immediate harm or of physical nature. The prop need not be on the victim or in his presence.
Define burglary (per bar jx)
CL: Breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.
Counts as “breaking in” even if you use a key if you use it in a manner that exceeds the scope of the permission that was given to you.
Define arson
Malicious burning of the dwelling of another.
Define possession offenses
D exercises dominion and control of prohibited object or substance. D is not required to be aware that possession of the object is illegal. Must be for a period long enough to have provided D with an opp to cease such dominion and control.
Define receipt of stolen prop
Receiving control of stolen prop, knowing that the prop is stolen, and with the intent to permanently deprive the owner of the prop.
Define battery
Unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching.
Define assault
An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.
Define mayhem
A CL felony battery that causes the dismemberment or permanent disfigurement of a person.
Define kidnapping
Unlawful confinement of a person against their will coupled with either the movement or the hiding of that person.
Define false imprisonment
Unlawful confinement of a person without consent
Define rape
Unlawful sexual intercourse with a female against her will by force or threat of immediate force. Most modern statutes are gender-neutral and have replaced force req with lack of consent. Required intent is negated if D reasonably believes that V’s lack of resistance indicates consent.
What is the concept of merger?
D may be tried but not punished for i) solicitation and the completed crime; ii) attempt and the completed crime; iii) under the MPC, more than one inchoate offense, but conspiracy and attempt do not merge under the CL???
Define solicitation
An inchoate crime. Enticing, encouraging, requesting, or commanding another person to commit a crime with the intent that the other person commits the crime.
Can a D renounce solicitation?
Under the MPC if D thwarts the commission of the solicited crime.
Define conspiracy
An inchoate crime. An agreement btw 2 or more persons (bilateral conspiracy) to accomplish an unlawful purpose with the intent to accomplish that purpose. Under MPC, can just have unilateral conspiracy, but not recognized under CL.
Is an overt act required for conspiracy?
CL: No overt act required.
Majority/fed law/MPC: Require a lawful or unlawful overt act in furtherance of the conspiracy, but MPC does not require an overt act if the conspiratorial crime is a first or second degree felony.
What is the scope of what the conspirator is liable for?
For conspiracy and the co-conspirators’ substantive crimes committed in furtherance of the conspiracy (Pinkerton rule).
Can a D withdraw from a conspiracy?
Wrt liability for conspiracy:
- -Fed/majority rule: withdrawal is possible after the agreement and before the commission of an overt act, but D must give notice to co-conspirators or give timely notice to the police.
- -MPC/minority rule: Subsequent(?) withdrawal is possible only if D acts voluntarily to thwart the success of the conspiracy.
- -CL: the conspiracy is complete as soon as the parties enter into the agreement.
Wrt liability for the substantive crimes: D may withdraw by giving notice to his co-conspirators or timely advising legal authorities of the existence of the conspiracy even though such an action does not thwart the conspiracy.
Define attempt
An inchoate crime. A substantial step toward commission of a crime (beyond mere prep) couple with the specific intent to commit the crime.
Is factual impossibility a defense to attempt?
No.
Impossibility is not a defense to an attempt charge if the crime attempted is factually impossible to commit due to circumstances unknown to the defendant.
Factual impossibility is not a defense to conspiracy.
Is legal impossibility a defense to attempt?
Yes
When is abandonment a defense to attempt?
CL: Until a substantial step is taken
Self-defense (standard; deadly force; retreat;
One who is not the aggressor is justified in using reasonable force against another person to prevent immediate unlawful harm to himself. The harm to the defendant must be imminent, not a threat of future harm. The defendant can use only as much force as is required to repel the attack.
Deadly force: May be justified only when it is reasonably necessary to prevent death or serious injury or to prevent the commission of a serious felony involving a risk to human life.
Retreat: There is never an obligation to retreat before employing nondeadly force.
a) Majority: Retreat is not required even when deadly force is used in self-defense.
b) Minority view (“retreat doctrine”): Retreat is required if it can be safely accomplished.
c) Castle doctrine: Under both views, however, retreat is never required when the person employing deadly force is in his own home.
Imperfect right of self-defense: When the person claiming self-defense unjustifiably kills the attacker. Reduces the charge from murder to voluntary manslaughter. Ex: D may honestly but unreasonably believes that deadly force is required to prevent death or serious bodily injury.
Aggressor’s right to use self-defense: It is possible for an initial aggressor to gain the right to act in self-defense in two circumstances:
(i) an aggressor using nondeadly force is met with deadly force, or
(ii) the aggressor has, in good faith, completely withdrawn from the altercation and has communicated that fact to the victim.
Defense of others:
A person has the right to defend others under the same circumstances in which self-defense would be acceptable. Defense of others is not limited to defending family members but extends to anyone the defendant reasonably believes has the right of self-defense.
Defense of property:
A person in lawful possession of property that is threatened by the conduct of another, and who has no time to seek assistance from law enforcement, may take reasonable steps, including the use of nondeadly force, to protect the property. Must reasonably believe that the real property is in immediate danger of unlawful trespass or that personal property is in immediate danger of being carried away, and that the use of force is necessary to prevent either. The force cannot be unreasonably disproportionate to the perceived harm.
Deadly force: No right to use deadly force in defending property. Exception: Generally, a person may use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside. The use of deadly force against an intruder exiting the dwelling is generally not permissible. A deadly mechanical device cannot be used to protect property, although non-deadly mechanical devices or objects (such as barbed wire) may be used.