Crim 3

Question 1

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].

Answer 1

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.

Question 2

5 FMR DFNs:

[+Co-consp. killer’s act was outside of the consp.]

Answer 2

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.]

Question 3

[ FM: If INNOCENT 3P is killed: ]

Note: DEATH PENALTY for FM
violates the 8th AM, b/c
=CRUEL& unusual punishment.

Answer 3

[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]

Question 4

VOL. MANSLAUGHTER

(=Heat of PASSION) PROVOC. DFN:
Note:
MPC: has a SUBJECTIVE test for provocation !

Answer 4

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.

Question 5

[ MANSLAUGHTER

Provocation: Usually: +CA:

+Mitigating factors 4 INT. HOM. w/o Malice: ]

Answer 5

[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.]

Question 6

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!

Answer 6

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].

Question 7

FALSE PRETENSES

+ 2x CA

[DFN: D’s honest belief it’s true
=> no SI even if UNreas.]

Answer 7

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.

Question 8

**ROBBERY is … +CA:

Answer 8

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

Question 9

EMBEZZLEMENT occurs when the D …+CA:

[BAILEE /Trustee in POSS. obtains TITLE! by Conversion.]

Answer 9

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!

Question 10

*EXTORTION requires that D:

[blackmail]:

Answer 10

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.

Question 11

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.]

Answer 11

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.

Question 12

**Receipt of STOLEN GOODS:

Answer 12

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.

Question 13

BURGLARY +MR:

[incl. shooting thru door!
+Success is irrelevant.]
[Note: B&E are both present if:
E is obtained by Fraud]

Answer 13

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)

Question 14

ARSON

Answer 14

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”]

Question 15

**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.]

Answer 15

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.

Question 16

M’NAUGTEN Test, etc. ..:

[know the trigger words]

Answer 16

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.]

Question 17

**INTOXICATION

Answer 17

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).

Question 18

**Infancy /AGE

Answer 18

If < 14 – rebuttable presumption:
D is incapable of realizing moral wrongfulness of acts.

If < 7 – IRRebuttable – DFN to ALL crimes.

Question 19

**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.

Answer 19

a) NON-DEADLY force
b) DEADLY force
c) **DFN of Dwelling
d) **DFN of Others

Question 20

NON-DEADLY force +CA:

Answer 20

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).

Question 21

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”}

Answer 21

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.

Question 22

**DFN of Dwelling

Answer 22

No deadly force / GBH to solely defend Property.

(=>no spring guns).

CA:
Deadly force is OK to protect yourself /family while within the Property.

Question 23

**DFN of OTHERS: D may use …:

Answer 23

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.