Crim Flashcards
In order for a defendant to be guilty of a crime, the ___________ has the burden of producing evidence, and of persuading the factfinder _______________, of the following essential elements: (1) _________ (actus reus) — the defendant committed a voluntary act or ______ when there was a ______ duty to act); (2) ________ (mens rea) — the defendant had a culpable mental state as specified in the definition of the offense; (3) _________ — the defendant’s requisite mental state existed at the time the voluntary act or omission took place; AND (4) _________ — the defendant’s voluntary act or omission was the _____ and _______ cause of the ______ specified in the definition of the offense.
In order for a defendant to be guilty of a crime, the prosecution has the burden of producing evidence, and of persuading the factfinder beyond a reasonable doubt, of the following essential elements: (1) physical act (actus reus) — the defendant committed a voluntary act or omission when there was a legal duty to act); (2) mental state (mens rea) — the defendant had a culpable mental state as specified in the definition of the offense; (3) concurrence — the defendant’s requisite mental state existed at the time the voluntary act or omission took place; AND (4) causation — the defendant’s voluntary act or omission was the actual and proximate cause of the harm specified in the definition of the offense.
An involuntary act will not satisfy the actus reus requirement unless:
(1) D is aware that they have a condition that can result in involuntary actions; and
(2) fails to take reasonable steps to prevent such actions
Generally, an omission (a failure to act) is NOT criminal UNLESS:
(1) D had a legal duty to act;
(2) D had knowledge of facts concerning the duty to act;
AND
(3) it was reasonably possible for the D to act.
A legal duty to act arises by:
(a) A contract duty,
(b) parent-child relationship,
(c) a duty taken on voluntarily,
(d) a statute that creates a duty,
OR
(e) where the defendant creates the danger.
What are the CL mental states?
- Specific Intent
- General Intent
- Malice
- Strict Liability
Specific intent crimes typically require that the defendant __________ commit an act and __________ intend to bring about a _______ result when committing that act. Specific intent must always be ________; never ________.
Specific intent crimes typically require that the defendant intentionally commit an act and subjectively intend to bring about a certain result when committing that act. Specific intent must always be proven; never inferred.
Crimes against person: assault and first-degree murder
Crimes against property: robbery, embezzlement, burglary, larceny, forgery, false pretenses
Incomplete crimes: solicitation, attempt, conspiracy
Crimes against person: (1) _______ and (2) ____________
Crimes against property: (1) ________, (2) _________, (3) __________, (4) _________, (5) _______, (6) __________
Incomplete crimes: (1) _________, (2) ________, (3) __________
General intent crime only requires that the defendant ________ to commit an act that is prohibited by law. The defendant must be __________ of his actions and any _______ _________ . Intent to accomplish the act’s wrongful result is _________. General intent may be ______ from the act itself.
General intent crime only requires that the defendant intend to commit an act that is prohibited by law. The defendant must be aware of his actions and any attendant circumstances. Intent to accomplish the act’s wrongful result is irrelevant. General intent may be inferred from the act itself.
General Intent Crimes
BRIK
battery, rape, false imprisonment, kidnapping
Malice crimes require that the defendant act with ________ ________ or undertake an _________ risk, from which a _________ __________ is expected
Malice crimes require that the defendant act with reckless disregard or undertake an obvious risk, from which a harmful result is expected
Malice Crimes
MAlice Crimes
Murder other than first-degree (CL Murder, 2nd Degree)
Arson
Strict liability crimes - only require that the defendant voluntarily commits the ____ ____. There is no _______________ requirement for strict liability crimes. Defenses that negate _____________ (e.g., mistake of fact) are not available for strict liability crimes.
Strict liability crimes only require that the defendant voluntarily commits the actus reus. There is no mental state/mens rea requirement for strict liability crimes. Defenses that negate state of mind (e.g., mistake of fact) are not available for strict liability crimes.
Strict Liability Crimes Include:
SS
Small crimes (regulatory, admin, morality crimes)
and
Statutory rape
MPC Mental States
- Purposefully (subjective)
- Knowingly (subjective)
- Recklessly (subjective)
- Criminal Negligence (objective)
Under the MPC, when does a person act purposefully?
A person acts purposefully (intentionally) if he acts with the intent that his action causes a certain result. In other words, the defendant undertakes his action either intending for, or hoping that, a certain result will follow.
Under the MPC, when does a person act knowingly?
A person acts knowingly if he is aware that his conduct will result in certain consequences. In other words, a person acts knowingly if he is aware that it is practically certain that his conduct will cause a specific result.
Willful Blindness Standard -
A ________ of states use the Willful Blindness Standard, wherein a person can be deemed to act ____________ when he: (a) _________________________; OR (b) _______________________.
A ____________ of jurisdictions reject the willful blindness standard, and require _____________. In such a jurisdiction, knowledge may be proved by _____________ evidence
Willful Blindness Standard -
A majority of states use the Willful Blindness Standard, wherein a person can be deemed to act knowingly when he: (a) is aware that certain facts are highly probable; OR (b) is intentionally ignorant to certain facts.
A minority of jurisdictions reject the willful blindness standard, and require actual knowledge. In such a jurisdiction, knowledge may be proved by circumstantial evidence
Under the MPC, when does someone act recklessly?
A person acts recklessly if: (1) he consciously disregards a substantial and unjustifiable risk that a certain result would occur; AND (2) the action is a gross deviation from how a reasonable law-abiding person would act.
A person who creates such a risk, but is unaware of it solely because of voluntary intoxication, also acts recklessly
Under the MPC, when does someone act with criminal negligence?
A person acts with criminal negligence if: (1) he should have been aware of a substantial and unjustifiable risk; AND (2) that failure to perceive the risk is a gross deviation from what a reasonable prudent person would observe in similar circumstances.
What is the difference between recklessness and criminal negligence?
Although the level of risk is the same for both recklessness and negligence, the difference between the two is that with recklessness, the actor must be aware of the risk involved with her actions, whereas, for negligence, the actor is not aware of the risks but should have known what those risks were.
Superseding Intervening Cause - A third party’s act will break the chain of causation if the act was:
(1) independent of the defendant’s wrongful conduct;
and
(2) not foreseeable (it was so out-of-the-ordinary that it is not fair to hold the defendant criminally responsible).
Simultaneous Acts Rule
A person’s act will still be the proximate cause of a resulting injury if his wrongful conduct created a condition of peril, even if later negligent events combined to cause the injury (so long as the later events are foreseeable).
Similarly, a defendant’s wrongful act that accelerates death is still the legal cause of death, even if the person was going to die eventually
Merger
If a defendant commits a single act that meets the elements of two offenses, the lesser offense will “merge” with the greater offense and drop out, such that the defendant will only be charged with the greater offense. Crimes that don’t merge can be charged simultaneously.
Transferred intent is used when _____________________________________________________. The D’s intent ____________________________ and can be used to satisfy the ________ element of the crime that the D is being charged with. The transferred intent doctrine is only used for _________ crimes, and is not used for __________ crimes.
Transferred intent only applies to:
- homicide
- battery
- arson
Transferred intent is used when a D intends to harm one person, but then unintentionally harms a second person instead. The D’s intent transfers from the intended target to the actual victim and can be used to satisfy the mens rea element of the crime that the D is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes.
Transferred intent only applies to:
- homicide
- battery
- arson
What is an inchoate offense?
A crime of preparing for or seeking to commit another crime
What are the incoate offenses and their merger status?
- Attempt (merges)
- Solicitation (merges)
- Conspiracy (doesn’t merge)
Solicitation
(1) requests another person to commit a crime or join in the commission of a crime;
(2) with the specific intent that the crime be committed;
AND
(3) the other person receives the request.
No defenses once the solicitation is complete. However MPC/some states recognize renunciation as an affirmative defense (D must voluntarily renounce + prevent the commission)
Attempt
In most states, a person is guilty of attempt if the person:
(1) had the specific intent to commit a crime;
AND
(2) took an overt act sufficiently beyond mere preparation.
Most states and the Model Penal Code - require that the overt act be a “substantial step” toward the completion of that crime.
CL - uses the words “dangerously close” to the crime
A minority of states - require that the overt act be “proximate” or “dangerously proximate” to the crime.
Conspiracy
(1) an express or implied agreement between two or more people;
(2) intent to enter into the agreement;
(3) intent to pursue an unlawful objective (note: at CL this element would be required to be met by ALL parties of the agreement, while the modern trend & MPC only require it to be met by ONE party);
AND
(4) the commission of an overt act in furtherance of the unlawful objective (note: under CL no overt act was required).
Conspiracy w/ a Member from Protected Class
A member of a protected class cannot be a co-conspirator to commit a crime designed to protect that class.
Pinkerton Doctrine
Co-conspirators are liable for BOTH the conspiracy itself AND all foreseeable crimes committed by other co-conspirators in furtherance of the unlawful objective
Wharton Rule
Where 2+ people needed to commit offense, there is no conspiracy unless the agreement involves another person not essential to the crime (e.g., dueling, not conspiracy to duel unless third pt existed)
Withdrawal from a Conspiracy
Withdrawal is NOT defense to the conspiracy, but is a defense for crimes committed by co-conspirators after the withdrawal if w/drawal is timely communicated to co-conspirators.
MPC → Renouncing party must give timely notice to all members + affirmatively thwart conspiracy
An accomplice is liable for:
All the crimes that the principal committed AND all other crimes that were a probable or foreseeable result if the accomplice:
(1) aids, abets, or facilitates the commission of a crime;
(2) has the intent to assist the primary party (principal)
and
(3) has the intent that the crime be committed.
Merely being present or knowing a crime will result DOES NOT create accomplice liability.
Cannot be convicted if D is a member of a class protected by the criminal law
If the substantive crime involves recklessness or negligence, when is the intent element for accomplice liability met?
The intent requirement will be satisfied if the defendant acted with the requisite intent for the underlying crime.
Accessory before vs. accessory after the fact
Accessory before the fact - aids or abets but is not present at the commission of criminal act
Accessory after the fact - knows of felony and hinders capture of felon (e.g. harboring, obstructing); not an “accomplice.” Can also be liable for compounding a crime (e.g. hindering capture for payment)
Withdrawal Defense (Accomplice Liability)
A defense if D withdraws before the crime becomes unstoppable, and requires:
1) repudiating the encouragement given;
AND
2) neutralizing any assistance.
CL Murder
Under the Common Law, murder is the (1) unlawful killing (2) of a person (3) with malice aforethought.
Malice aforethought is established upon a showing of:
(a) an intent to kill (express malice);
(b) an intent to inflict great bodily injury (implied malice);
(c) a reckless disregard of an extreme risk to human life (depraved-heart murder)(implied malice);
OR
(d) an intent to commit an inherently dangerous felony under the Felony Murder Rule (implied malice).
CL Murder - Intent to Kill
Acting with the purpose to kill or the knowledge that it is substantially certain death will result
CL Murder - Intent to Inflict Grievous Bodily Harm
Intent to cause serious bodily harm without an intent to kill
CL - Depraved heart murder
(1) Reckless or grossly negligent conduct;
(2) That creates an extreme risk to others;
and
(3) Demonstrates a wanton indifference to human life
CL - Felony Murder
(1) Unintentional and foreseeable killing;
(2) proximately caused during the attempt, commission, or flight from;
(3) an inherently dangerous felony
First Degree Murder
Occurs when there was a specific “intent to kill” and the killing was:
(1) deliberate (D acted with a cool mind capable of reflection);
AND
(2) premeditated (D thought about it beforehand).
In regard to premeditation, some jdxns require a period of time for prior consideration, while other jurisdictions only require a brief moment of thought and can be inferred by circumstantial evidence (e.g. using a deadly weapon).
Second Degree Murder
(1) intent to cause grievous bodily harm,
(2) a reckless disregard of an extreme risk to human life (depraved-heart murder); or
(3) an intent to kill that does not rise the level of first degree murder
MPC Murder
Under the Model Penal Code (MPC), murder is a killing of a person, committed:
(a) purposely or knowingly;
OR
(b) recklessly under circumstances manifesting an extreme indifference to the value of human life. Under the Felony Murder Rule, such recklessness and indifference are presumed if the killing occurred during the commission of or attempt to commit a dangerous felony (burglary, arson, robbery, rape, kidnapping) or felony escape.
Felony Murder
(1) Unintentional and foreseeable killing; (2) proximately caused during the attempt, commission, or flight from; (3) an inherently dangerous felony.
The underlying felony must be independent of the killing, so proof of death cannot be an element of that felony.
Inherently dangerous felonies = BARRK (burglary, arson, rape, robbery, kidnapping)
For jdxns that divide murder into degrees: inherently dangerous felonies are often classified as first-degree murder. Otherwise, they are classified as second-degree murder.
Manslaughter
(1) the unlawful killing (2) of another human being (3) without malice aforethought
Voluntary Manslaughter - Adequate Provocation
(1) an intentional killing of a person
(2) without malice aforethought
(3) committed in the heat of passion (with no time to cool off)
(4) due to adequate provocation
What is adequate provocation?
Adequate provocation is what reduces a murder charge to manslaughter. Adequate provcation is established if:
(1) D was provoked (a sudden and intense passion caused him to lose control)
(2) a reasonable person would have been provoked
(3) there was not enough time to cool off before the killing; AND
(4) the D did not cool off before the killing
Words Not Enough - Words alone are typically insufficient. However, if the words contain information that would cause a reasonable person to lose control, they may suffice for adequate provocation in some jdxns.
Hyper-Sensitivies Not Considered - Courts do not consider D’s particular emotional tendencies (tendency to lose temper, etc) when determining how a reasonable person would act
Voluntary Manslaughter - Imperfect Self-Defense
Some states mitigate murder to voluntary manslaughter when:
(1) D kills based on a good faith belief of self-defense
(2) But such belief was unreasonable.
Intentional Killing committed either:
(a) with honest but unreasonable belief that deadly force was necessary to prevent serious bodily injury or death
(b) when D started altercation that led to necessary use of deadly force
Involuntary Manslaughter
Involuntary manslaughter is an unintentional killing of a person committed:
(a) recklessly (conscious disregard of an unreasonable risk of death or serious bodily injury);
(b) under the misdemeanor-murder rule (a killing that results during the commission of a misdemeanor);
(c) during a non-dangerous felony (a felony not included under the felony murder rule);
OR
(d) in some state, with criminal negligence (in some states).
Involuntary Manslaughter Due to Criminal Negligence
In some jurisdictions, involuntary manslaughter may result from criminal negligence:
(1) the D knew or should have known that his conduct had a high or unreasonable risk of death
AND
(2) his actions were a gross deviation from how a reasonable person would have acted.
MPC Manslaughter
The MPC does not distinguish between voluntary and involuntary manslaughter.
Under the MPC, manslaughter is a killing of a person:
(a) committed recklessly (conscious disregard of a substantial and unjustifiable risk of death or great bodily injury);
OR
(b) which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse.
Misfeasance (involuntary homicide)
One with a legal duty to act may be guilty of murder for failing to act
Murder → if intent to kill arises from desiring or knowing of a substantial likelihood of death
Manslaughter → if death is not specifically desired, even if D know or should have known V might get hurt
Battery
(1) unlawful application of force
(2) directly or indirectly upon another person or their close personal belongings
(3) resulting in injury or offensive contact.
Battery is a general intent crime. − Intent to cause injury is NOT required.
Rape (CL)
(1) unlawful sexual intercourse
(2) of a woman by a man (not her husband)
(3) without her consent.
Modern definition → includes marital rape (in most states) and makes gender irrelevant.
MPC Rape
MPC – a male who has sex with a female (not his wife) is guilty of rape if:
(a) he compels her by force/threat of imminent death, serious bodily injury, extreme pain, or kidnapping;
(b) he secretly drugs her;
(c) female is unconscious; OR
(d) female is less than 10 years old.
Deviate Sexual Intercourse → has same elements as above, but is gender neutral.
CL Kidnapping
(1) confining, restraining, or moving of a person
(2) without authority of law.
MPC Kidnapping
MPC → abducting another person:
(a) for ransom
(b) to facilitate a felony
(c) to inflict bodily injury or terrorize;
OR
(d) to interfere with a government/political function.
False Imprisonment
(1) unlawful
(2) confinement of a person
(3) against their will
(4) with knowledge that the restriction is unlawful.
MPC False Imprisonment
When D knowingly restrains a person unlawfully so as to substantially interfere with the person’s liberty
Arson
Arson – is the
(1) malicious
(2) burning
(3) of a dwelling
(4) of another
Majority of States → includes damage (i) caused by explosives, and (ii) to other types of buildings and vehicles.
Criminal Possession
The unlawful possession of an item according to statute (i.e. weapon, drugs). − To be found guilty, usually need both:
(1) knowledge of the possession;
AND
(2) knowledge of what the item is.
Statutory Rape
(1) unlawful sexual intercourse
(2) with a person
(3) under the age of consent (as defined by statute).
Assault
Either:
(a) an attempted battery,
OR
(b) the intentional creation of a reasonable apprehension of imminent bodily harm to a person.
Transferred Intent
Transferred intent is used when a D intends to harm one V, but then unintentionally harms a second V instead. In this case, the D’s intent transfers from the intended V to the actual V and can be used to satisfy the mens rea element of the crime that the D is being charged with. The transferred intent doctrine is only used for completed crimes, and is not used for attempted crimes.
Aggravated Battery
(a felony) where D
(a) causes serious bodily injury;
(b) D uses a weapon (used in intended manner); or
[c] V is specially protected (e.g. child, woman, police)
Aggravated Assault
Simple assault may give rise to aggravated assault (a felony) where D:
(a) acts w/ intent to commit a violent crime (rape or murder);
(b) uses a deadly weapon (used in inteded manner); or
[c] V is specially protected.
Larceny
- trespassory taking
- and carrying away
- of the personal property of another
- with the intent to permanently deprive the owner of their property (intent must exist at the time of taking).
Larceny by Trick
- obtain possession (not title)
- of the personal property of another
- by trick or deception.
False Pretenses
- obtain title
- to personal property of another
- through an intentional false statement of material fact (not opinion/puffery)
- with intent to defraud.
Embezzlement
(1) fraudulent or wrongful,
(2) conversion,
(3) of personal property of another,
(4) by a person with lawful possession of the property.
− Intent to permanently deprive the lawful owner of the property is required
Receiving Stolen Property
when a person
(1) receives possession of stolen property,
(2) who knows the property is stolen when receiving it,
(3) with the intent to permanently deprive the owner of the property.
Robbery
(1) trespassory taking and carrying away,
(2) of the personal property of another,
(3) in their presence,
(4) by the use of force or threat of immediate physical harm,
(5) with the intent to permanently deprive the owner of the property.
− Armed Robbery = above elements + use of a dangerous weapon
(1) the taking of the property of another
(2) from his or her person or in their presence
(3) by violence, intimidation or threat
(4) with the intent to deprive them of it permanently.
Burglary
(1) breaking and entering,
(2) of a dwelling,
(3) of another,
(4) at night,
(5) for the purpose of committing a felony inside.
− Most jurisdictions extend burglary to include breaking into any structure at any time.
Self-Defense
Self-Defense is a complete defense to a crime.
Non-Deadly Force → justified when
(1) D reasonably believes,
(2) that he’s in imminent danger of being harmed,
AND
(3) the force used is proportional to the harm threatened
