Crim 3 Flashcards
FELONY MURDER is a …:
But a *CO-felon is liable for Murder only if …:
[Cf. 8th AM: No Death Penalty 4Accomplice (getaway driver) who had no intent to Kill /use Lethal force].
a *KILLING [M!!] that occurs *DURING the (ATTEMPTED) commission of an underlying FELONY.
But a *CO-felon is liable for Murder only if V’s DEATH was a *FORESEEABLE result of the felony.
5 FMR DFNs:
[+Co-consp. killer’s act was outside of the consp.]
1) NOT guilty of the Underl.F
2) Underl.F wasN’T INH. dang. [BARRK] w/ PURP. INDEP. of homicide
[MS/Assault/Battery. CA: Aggr. Battery]
3) or COMPLETED
[TEMP. SAFETY =unF RESULT]
[CA: FLEEING =during the comiss.]
4) Redline =MAJ.:
If ONLY CO-FELON dead
[shot by 3P Cop/V.=justif.]
[ FM: If INNOCENT 3P is killed: ]
Note: DEATH PENALTY for FM
violates the 8th AM, b/c
=CRUEL& unusual punishment.
[1) PROX. CAUSE theory (MAJ.):
FM if V’s death was a NATURAL & PROBABLE CONSEQUENCE:
All CO-F are LIABLE
=> D is liable even if innocent 3P was killed by cop or resisting [store clerk].
2) AGENCY THEORY (MIN.):
FM, iff killed by D’s agent [=accomplice]
VOL. MANSLAUGHTER
(=Heat of PASSION) PROVOC. DFN:
Note:
MPC: has a SUBJECTIVE test for provocation !
An INT. killing can be MITIGATED from M to Vol.MS if it occurs WHILE:
1) D ACTED under ADEQUATE PROVOCATION 2) that would AROUSE sudden & intense PASSION in ordin. person (obj.), causing loss of self-CONTROL,
3) not enough time to COOL OFF &
4) D indeed hadNOT COOLED off yet.
[ MANSLAUGHTER
Provocation: Usually: +CA:
+Mitigating factors 4 INT. HOM. w/o Malice: ]
[1) Adultery 2)Violent Battery
3) Threats of deadly force.
CA: Mere WORDS =UNreas. D.
(if quick 2shoot ANYone =no premed.: 2nd DGM!).
Factors: Vol.intox. /UNreason. MoF /coercion /mental disease /imperfect self-DFN: honestly but UNreas. believed harm was imminent or deadly force was necessary.]
LARCENY +Cf. L. by TRICK
[f D has INT to return Pr, but
it’s accidentally DESTROYED
=>No INT 2Steal. CA: int. 2Destroy]
Note: If TO [=TITLE] takes from a P rightfully in POSS. =Larceny!
tresp. TAKING & CARRYING away of another's PERS.Pr (by D's innocent agent) w/INT to deprive PERM. [=1) SUBST. risk of loss (until reward offer) 2) Pawn 3) for UNreas. time. --ONLY gets POSS., NO TITLE. Cf. Larceny by TRICK: POSS. is obtained by FRAUD --Continued tresp.: D forms INT after the taking [Finder, who could know the TO].
FALSE PRETENSES
+ 2x CA
[DFN: D’s honest belief it’s true
=> no SI even if UNreas.]
D fraudul. 1) obtains TITLE to 2) pers.Pr. of another 3) by MISREP.
4) a PAST/EXISTING MAT. FACT
5) w/ INT to DEFRAUD.
[=like L by trick, but V intends to convey TITLE]
Look4: $=TITLE [Changed $ tag].
CA1: V intended to get Pr back /gave D POSS. [to deliver it to 3P]
CA2: Promise for FUTURE.
**ROBBERY is … +CA:
Larceny from the PERSON of another by FORCE or FEAR (incl. intimidation. \+Larc/Battery merge into R CA: Mere SNATCHING w/o resistance / Threat of FUTURE harm=EXTORTION
EMBEZZLEMENT occurs when the D …+CA:
[BAILEE /Trustee in POSS. obtains TITLE! by Conversion.]
who is in LAWFUL POSSESSION of the pers. Pr of another CONVERTS it to his own use.
CA: D already had TITLE.
/Minor E’ee has only CUSTODY!
*EXTORTION requires that D:
[blackmail]:
1) USE THREAT of FUTURE harm 2) w/ SI to INDUCE another to RELINQUISH Pr.
Cf. Robbery:
1) needs actual TAKING,
2) threats of FUTURE harm doNOT count.
INvolunt. MS
[A person under a K. or family relationship is guilty of (INvol.MS if a death occurs b/c of an unreas. failure to AID.]
UNint. killing w/o Malice.
[D falls asleep @wheel /Battery]:
2a) ACCIDENTAL death proximately caused by D’s CRIMINAL N.
[Gross N./ MPC: Reckless act created very unreas. risk to others in light of extent of harm possible.
Cf: Reckl. INDIFF. 2human life =M]
2b) MISDEMEANOR MS =ACCID. killing during commis. of MISDEM. [CL: Ass. &Batt] or NON-dang. F.
**Receipt of STOLEN GOODS:
1) RECEIVING STOLEN Pr
2) KNOWING it’s stolen
3) w/ SI to DEPRIVE the owner thereof.
CA: If Pr was recovered by police => looses “stolen” status. <= legal imposs.
BURGLARY +MR:
[incl. shooting thru door!
+Success is irrelevant.]
[Note: B&E are both present if:
E is obtained by Fraud]
Tresp. BREAKING & ENTERING of the DWELLING house of ANOTHER at NIGHT w/ INT to commit a FELONY or LARCENY inside. ML: no nighttime +ANY struct.
MR: SI must exist @time of ENTRY,
but BREAKING can be later.
(B of PART [Curtilage] of dwelling)
ARSON
The MALICIOUS (=INT/RECKL) BURNING of the DWELLING house [CL curtilage, incl barn] of ANOTHER.
[AR: Charring.
CA: Blackening-Explosion =ATTEMPTED Arson. Contents [Sofa] =NOT “dwelling”]
**INSANITY is a DFN to:
[While there’s a presumption of sanity, once D introd. ev. suff. to sustain finding of insanity, BOP shifts to the prosecution to prove SANITY beyond a reas. doubt.]
to ALL crimes, incl. SL ! Ct. must ACQUIT D as not guilty by reason of INSANITY if: as a RESULT of a MENTAL ILLNESS: D didNOT UNDERSTAND 1) the NATURE of his act, or 2) that it was MORALLY WRONG.
M’NAUGTEN Test, etc. ..:
[know the trigger words]
a) [doesn’t KNOW wrong from right]
b) IRRESIST. IMPULSE: D UNABLE2
1) CONTROL his ACTIONS or [uncontr. urge] 2) CONFORM his CONDUCT to the law.
c) =a+b=ALI/MPC T: D LACKED ability to either 1) APPRECIATE CRIMINALITY of conduct or 2) CONFORM his Conduct to the law.
d) DURHAM/NH Test – D’s CONDUCT was the PRODUCT of his mental ILLNESS [“But for” Schizoph.]
**INTOXICATION
a) INvoluntary intoxication: is a DFN to ALL crimes (=form of insanity) [med. prescription].
b) VOLUNTARY intox.: is a DFN ONLY to SI crimes. Negates INT/Malice (incl. addicts & alcoholics).
=>reduce to 2DGM (but not MS).
**Infancy /AGE
If < 14 – rebuttable presumption:
D is incapable of realizing moral wrongfulness of acts.
If < 7 – IRRebuttable – DFN to ALL crimes.
**SELF-DFN types:
[Note: No Right of Self-DFN if:
a) person Committing a FELONY
b) person being ARRESTED.]
+If you kill the wrong person while self-DFN: Excused Homicide.
Cf. JUSTIFIABLE Homicide if: Soldier. Executor.
a) NON-DEADLY force
b) DEADLY force
c) **DFN of Dwelling
d) **DFN of Others
NON-DEADLY force +CA:
INNOCENT D may use that amount of NON-DEADLY force that is reasonably NECESSARY to protect himself from UNLAWFUL Bodily harm.
CA: Orig. Aggressor (see).
a) D may use DEADLY FORCE …+CA1:
b) CA2: The Orig. AGGRESSOR [ > mere words] can …:
{D spits at P who draws a gun +D’s “back is to the wall”}
ONLY in RESPONSE to deadly force. Maj.: NO Duty to RETREAT. CA1: Min.: D MUST RETREAT, if safe, prior to using the PRIVILEGE of deadly force. EXCEPT D is: 1) at HOME, 2) a Rape-Robbery V, or 3) an arresting COP. b) ... REGAIN right to Self-DFN iFF: 1) W/DRAWS & COMMUNICATES it 2) or orig.V. SUDDENLY ESCALATES to Deadly force w/o Chance to withdraw.
**DFN of Dwelling
No deadly force / GBH to solely defend Property.
(=>no spring guns).
CA:
Deadly force is OK to protect yourself /family while within the Property.
**DFN of OTHERS: D may use …:
FORCE to defend another IFF D REAS. BELIEVES that the DEFENDED PERSON had a LEGAL RIGHT to Self-DFN.
Cf. But TORT liability if defended person [was the aggressor and, thus,] had NO RIGHT to SELF-DFN.
