Crim Flashcards
Specific Intent Crimes
Must be D’s specific intent to commit that crime
Solicitation (intent to have the person solicited commit the crime) Attempt (intent to complete the crime) Conspiracy (intent to have the crime completed) First degree murder (premeditated intent to kill) Assault (intent to commit a battery) Larceny and Robbery (intent to permanently deprive another of property) Burglary (intent to commit felony in dwelling) Forgery (intent to defraud) False pretenses (intent to defraud) Embezzlement (intent to defraud)
Malice Crimes
Reckless disregard of an obvious or high risk that the harmful result will occur.
Defenses to specific intent crimes (ex. voluntary intoxication) don’t apply to malice crimes
Arson
Common Law Murder
General Intent
D generally intends to commit act prohibits by law (D’s intent doesn’t matter)
Battery Rape Manslaughter Kidnapping False Imprisonment
Strict Liability
D must voluntarily commit the act…D’s intent is irrelevant
State of mind defenses (ex. mistake of fact) don’t apply
Statutory Rape
Selling Liquor to Minors
Bigamy (some jurisdictions)
MPC Mens Rea
Eliminates common law distinctions between general and specific intent and replaces them with
Purposely
Knowingly or willfully
Recklessly
Negligently
Common Law Murder
Killing with malice aforethought – exists when NO facts to reduce the killing to voluntary manslaughter or excuse it AND when committed with one of the following states of mind:
Intent to kill
Intent to inflict great bodily injury
Reckless indifference to an unjustifiably high risk to human life (depraved heart murder)
Intent to commit a felony (felony murder)
Voluntary Manslaughter (Heat of Passion)
Would be murder if there hadn’t been an adequate provocation
Adequate provocation must be the kind that would cause a sudden and intense passion in an ordinary person that would cause them to lose control
If there’s cooling time, it’s not heat of passion. Think: if D had time to walk around the block and cool down, it’s not heat of passion
Involuntary Manslaughter
An unintentional killing committed
- With criminal negligence
–Grossly negligent action or inaction when there’s a duty to act that puts someone at significant risk of bodily harm or death. Remember this is more intense than regular negligence - During an unlawful act
a. Misdemeanor Manslaughter (killing while committing a misdemeanor)
b. Killing while committing a felony but doesn’t qualify as 1st degree felony murder or second degree murder
First Degree and Second Murder
Generally a murder is 2nd. degree unless:
- Deliberate and premeditated killing in a cool and dispassionate manner where D reflected on the idea of killing, even if only for a few seconds
- Felony Murder (typically BARRK felonies – burglary, arson, rape, robbery, kidnapping but can also include other felonies that are inherently dangerous to human life)
- Heinous Murder.
–Refers to the way the murder is committed. Think: gruesome violent murders like where torture, mutilation are used
Felony Murder Limitations
A death caused in the commission of, or in an attempt to commit, a felony is murder. BUT there are limitations:
- D must have committed or attempted to commit the underlying felony. Defenses that negate an element of the underlying felony will also serve as a defense to felony murder
- The felony has to be distinct from the killing itself (ex. if a battery causes someone to die, it doesn’t qualify because the battery isn’t distinct from the killing)
- The death must be a foreseeable result of the felony
- The death has to be cause before D’s “immediate flight” from the felony.
–I.e. Once the felon has reached a place of “temporary safety,” subsequent deaths are not felony murder
Homicide Causation
D’s conduct must be both the cause in fact and the proximate case.
Cause in fact: but for D’s conduct, V wouldn’t have died
Proximate cause: V’s death must be natural and probable consequence of D’s conduct.
–Superseding events break the chain of proximate causation (i.e. intervening acts that are NOT foreseeable typically protect D. However, third party’s negligent medical care or victim’s refusal of medical treatment for religious reasons are foreseeable so D remains liable)
Traditionally, the death must occur within 1 year and 1 day from the infliction of the injury or wound
Battery
Harmful or offensive touching to victim’s person that results in bodily harm or offensive conduct.
General intent crime (not necessary to intend to cause the injury…only have to intend to do the unlawful act)
Assault
- An attempt to commit a battery, OR
- Intentionally placing someone in apprehension of imminent bodily harm
Remember:
–Apprehension is awareness. Doesn’t mean fear.
–Once there’s physical contact with victim, the crime can no longer be assault…it would have to be battery
False Imprisonment
Unlawful confinement without valid consent
MPC requires confinement “interfere substantially” with V’s liberty
–Basically, if there are other routes available or you can reasonably leave, it’s not confinement
General intent crime.
Kidnapping
Unlawful confinement that involves either moving the V or hiding the V
General intent crime.
Larceny
Taking and carrying away the personal property of another without consent and with the intent to permanently deprive
Intent to permanently deprive must be present at the time of the taking.
Embezzlement
Fraudulent conversion of the personal property of another by someone in lawful possession of that property
Remember:
–D must intend to defraud. If D intends to return that exact property taken, it’s not embezzlement
False Pretenses vs. Larceny by Trick
False Pretenses: Obtaining TITLE to the personal property of another by an intentional false representation of a material fact with the intent to defraud
Larceny by Trick: Same as false pretenses EXCEPT instead of obtaining title, this is obtaining POSSESSION or CUSTODY
Robbery
Taking and carrying away the personal property of another from their person or presence by force or threat of force and with the intent to permanently deprive
Burglary
Breaking and entering the dwelling of another at nighttime with the intent to commit a felony therein
Remember:
–Even if you only use a little force to open, that’s “breaking.” Think: opening an unlocked window…that’s breaking
–The intent must exist at the time of entry
Arson
Malicious burning of another’s dwelling
Remember:
–Malicious: intentional OR reckless disregard of an obvious risk
–Burning: the fire MUST cause damage. If there’s no damage, it’s not sufficient.
Attempt
Requires: specific intent to do the crime AND an overt act beyond mere preparation
–Most states also require a substantial step
Merger: Attempt merges with the underlying crime so a person can’t be convicted for both attempt and the underlying crime
Withdrawal:
Common Law: abandonment or withdrawal is NOT a defense. If D had intent and commit an overt act, D is guilty even if D changes their mind and abandons before the crime was completed
MPC (minority rule): A fully voluntary and complete abandonment is a valid defense. Abandonment is not voluntary if motivated by desire not to get caught.
Solicitation
Requesting another to commit a crime and intending the solicited person commit that crime
–Crime is completed upon request. Other person doesn’t have to agree to be found guilty of solicitation
Merger: In most jx, merges with substantive offense
Withdrawal:
Common Law: In most jx, not a defense that solicitor renounces or withdraws the solicitation.
MPC (minority): Renunciation is a defense IF D prevents commission of the crime
Conspiracy
Common Law: An agreement between 2 or more people to accomplish a criminal objective with the intent to enter into the agreement and with the intent to commit the criminal objective
MPC: Also requires an overt act committed in furtherance of the criminal objective (the overt act doesn’t have to be criminal)
Termination: Terminates upon completion of the criminal objective. Any acts or statements after termination are inadmissible against a coconspirator (basically you can’t rat out your co criminals to the police)
Pinkerton Liability: You can be held liable for crimes committed by co-conspirators if they were committed in furtherance of the criminal objective and foreseeable
Withdrawal: Might be a defense to crimes committed in furtherance of the conspiracy but you can’t withdraw from the conspiracy UNLESS you:
- Perform an affirmative act notifying all co-conspirators of your withdrawal
- Give notice in time for them to also abandon plans, AND
- Attempt to neutralize your help
Merger: Doesn’t merge with completed crime so you can be connected of conspiracy and whatever crimes you committed in furtherance of the conspiracy
Insanity
DIMM
Durham
Irresistible Impulse Test
M’Naughten
MPC
Durham: If D wouldn’t have committed the crime BUT for their mental illness
Irresistible Impulse Test: Because of their mental illness, D lacked the capacity for self-control or free choice OR to conform conduct in accordance with the law
M’Naughten: Because of a mental illness, D did not know the nature and quality of the unlawful act OR the wrongfulness of that act
MPC: Because of mental illness, D lacked substantial capacity to appreciate wrongfulness of the unlawful act OR to conform conduct in accordance with the law (basically Irresistible Impulse + M’Naughten)
Intoxication
Voluntary Intoxication: Defense to specific intent crimes if the intoxication prevents formation of required intent but does NOT apply to general intent, malice or strict liability crimes
Involuntary intoxication: Defense to ALL crimes if the intoxication negates an element of the crime
Self-Defense
Nondeadly Force: Person without fault can use non deadly force in self-defense when confronted with unlawful force AND with reasonable belief it’s necessary to protect from imminent use of unlawful force upon themself
Deadly force: Person without fault can use deadly force when confront with unlawful force AND reasonably believes there’s a threat of imminent death or great bodily harm
Duty to Retreat: MINORITY of jx require person to retreat before using deadly force UNLESS
- Attack occurs in V’s home
- Attack occurs while V is making a lawful arrest, or
- Assailant is in process of robbing victim
Imperfect Self-Defense: Can reduce a murder charge to voluntary manslaughter if D kills based on honest but unreasonable belief that use of deadly force was necessary to prevent death or serious bodily harm
Defense of Others: D may defend others with force with reasonable belief that that person would have legal right to use force in their own defense. Some courts also will apply imperfect self-defense to defense of others.
Duress
D reasonably believed another person would imminently inflict death or great bodily harm upon them or a family member if they didn’t commit the crime
MPC: threats to property may allow duress defense IF the value of the property outweighs the harm done to society by commission of the crime
Mistake of Fact
Defense that indicates that D lacked the state of mind for the crime.
Applied to:
–Specific intent crimes: mistake doesn’t have to be reasonable
Malice and general intent crimes: mistake must have been reasonable
Strict liability: mistake of fact is irrelevant
Accomplice Liability
An accomplice – one who intentionally aided or encouraged someone with the intent that the crime be committed – can be convicted of the encouraged/aided crime AND any foreseeable crimes that occur as a consequence of the initial crime
