Crim Flashcards
elements of acts reus
o Voluntary affirmative act or failure to act when duty exists
o Causing a criminally proscribed result
mens rea - specific intent
specific desire, goal or knowledge to accomplish result
mens rea - malice crimes
reckless disregard of high risk of harm, no ill will required
mens rea - general intent crimes
require intent to perform the unlawful act
what are specific intent crimes
FIAT
first degree murder, inchoate, assault, theft
what are the two malice crimes
common law murder and arson
model penal code categories
Purposely
* ∆’s conscious objective is to do the conduct or get the result
Knowingly/willfully
* ∆ knows the risk is practically certain to happen if he does the conduct
Recklessly
* ∆ acts with conscious disregard of substantial unjustified risk
Negligently
* ∆ should be aware of a substantial and unjustifiable risk that a crime will result
rules for mistake of fact at common law
o Valid defense to specific intent crimes even if unreasonable
o Valid defense to general intent and malice crimes if reasonable
rule for mistake for MPC
Serves as defense if prevents required state of mind
rule for mistake of law at common law
no
rule for mistake of law for MPC
o Valid if an honestly held mistake of law negates required intent or mental state
o Relied on court decision/ administrative order or official prohibition
what are accomplices liable for
the crime and all other crimes that are the natural and probable consequences of the accomplice’s conduct
how do you withdraw as an accomplice
Repudiate prior aid
Do all that is possible to countermand prior assistance
Do so before the chain of events is in motion
elements for accessory after the fact
Must know felony was committed
Only liable for harboring fugitive / obstructing justice
M Naghten and MPC test for insanity
M Naghten:
* ∆ did know the nature of the act or
* ∆ did not know the act was wrong
MPC
* ∆ didn’t know it was wrong or
* Lacked capacity to conform to the law
Four ways to show malice
- intent to kill
- intent to do serious bodily injury
- reckless indifference to human life
- felony murder
what is felony murder
Unintended and foreseeable killing proximately caused by
o Burglary
o Arson
o Robbery
o Rape
o Kidnaping
agency theory and proximate cause theory for felony murder
- Agency theory: ∆ not liable for bystander or co felon’s death if killed by cop but is liable for deaths caused by cofelons
- Proximate cause theory: ∆ liable for deaths caused by any person
reckless indifference to human life (for malice for common law murder) means
- Depraved heart: reckless indifference to unjustifiably high risk to human life + unintentional killing
What is first and second degree murder
First Degree (specific intent)
Deliberate and pre meditated
Felony murder
Second Degree (malice)
Same as common law murder
Default category
what is voluntary manslaughter
Homicide with malice aforethought but mitigating circumstances
Heat of passion
Imperfect defense
what is involuntary manslaughter
Unintentional homicide committed with criminal negligence or during unlawful act
elements of larceny
o Trespassory
o Taking and carrying away
o Of the personal property of another
o With specific intent to permanently deprive
elements of larceny by trick
o Larceny
o Accomplished by fraud or deceit
o Resulting in conversion of property of another
elements of robbery
o Larceny
o From the person or presence of the victim
o By force or intimidation
elements of forgery
o Making of a false writing
o With apparent legal significance
o With intent to defraud
elements of embezzlement
o Fraudulent
o Conversion
o Of the property of another
o By a person who is in lawful possession of the property
elements of false pretenses
o Obtaining title to another person’s property
o Through the reliance of that person
o On a known false representation of a material fact and
o The representation was made with the intent to defraud
elements of extortion
o The taking of money or property form another by threat
o Making the threat is the crime
o The threat need not be of immediate harm or physical
elements of common law burglary
o Breaking and
o Entering
o Of the dwelling of another
o At night
o With specific intent to commit felony inside
elements of arson (common law)
o Malicious
o Burning
o Of the dwelling of another
elements of possession
o ∆ exercises dominion and control over prohibited item
o Not required to know possession is illegal
o Must be long enough for ∆ to have control over it
elements of receipt of stolen property
o Receiving stolen property
o Knowing that it is stolen and
Some jurisdictions: actual subjective knowledge
Other jurisdictions: intent to permanently deprive owner
elements of battery
o Unlawful
o Application of force
o To another person
o Causing bodily harm or offense
elements of assault
o Attempt to commit battery or
o Intentionally placing another in apprehension of immediate bodily harm
elements of kidnapping
o Unlawful
o Confinement of a person
o Against their will
o Coupled with either movement or hiding
elements of false imprisonment
o Unlawful
o Confinement of a person
o Without consent
elements of rape
o Unlawful sexual intercourse
o With a female
o Against her will or by threat of immediate force
merger for inchoate crimes
∆ can be tried but not punished for
Solicitation and completed crime
Attempt and completed crime
Conspiracy DOES NOT merge
elements of solicitation
o Enticing, encouraging, requesting, commanding another
o To commit a crime
o With the intent that the person does it
elements of conspiracy
agreement
Between two or more people
* Majority and MPC: one person is ok
To accomplish an unlawful purpose
With the intent to accomplish that purpose
Majority and MPC: overt act
how to withdraw from conspiracy
Federal/majority:
o Can withdraw before the overt act if ∆ gives timely notice to coconspirators or cops
MPC/minority:
o Can only withdraw if ∆ thwarts the success
Liability for substantive crimes
* Can withdraw by giving notice of the conspiracy to coconspirators or cops
what do you need for attempt
substantial step and specific intent
does factual impossibility or abandonment work for defenses to attempt
factual impossibility - no
abandonment- not after substantial step
what is the continuing trespass rule
if someone originally doesn’t intend to deprive the owner of their stuff but then forms that intent later, then it counts as the intent needed for larceny
exception: only if the original taking was also unlawful
