Crim Common law Flashcards
Unilateral Solicitation (One way agreement)
Breton (Fake Hitman) Solicitation does not require bilateral agreement
Solicitation turns Attempt
Decker - SOLICITATION MERGES TO ATTEMPT. Mental state of intent + Act in furtherance turns solicitation into ATTEMPT (Hired Hitman. Had multiple meetings. Set plan.)
Conspiracy Liability Doctrine
Pinkerton- Liable for co-conspirators acts if Reasonably foreseeable in the conspiracy
Small Role in Conspiracy
Alvarez - Pinkerton Forseeable consequence liability
Multiple small conspiracy operations
Kotteakos - If multiple conspirators have no contact Can’t be single large conspiracy. (Credit union conspiracy)
Mere presence liability for accomplice?
State v VT - Mere presence not enough for liability or complicity (Caught on film as friends discussed crime but did and said nothing)
Accomplice liability for Natural and probable consequences
Sarusad - Must be knowledge that conduct would promote specific crime (Thought it was a fight but was a slide w homies)
Prettyman - Court must look at underlying crime intended and if result was natural and probable foreseeable consequence (Wife encourage man to beat homeless man)
Innocent or unwitting person used to commit crime
Bailey - INNOCENT INSTRUMENTALITY RULE if so the one who used Innocent person is PRINCIPAL in first degree
Abandoning Crime or rape
Ross - Overt act towards crime is attempt but if actively leave without overt act consciously this is not attempt (Left rape scene after pushing her down. No rape attempt)
Mere preparation and intent?
Rizzo - Mere prep = intent
Attempt requires Substantial step
Reeves - SUBSTANTIAL STEP Don’t need to be on brink for attempt (Kids conspire to POISON TEACHER and make plan. About to put it in drink but didn’t. Sub step. Attempt 2nd murder)
Felony Murder Merger
Rose - Lesser felony offense merged w FMR
Felony Murder underlying felony requirement
Stewart - Underlying felony must be INHERENTLY DANGEROUS (Crack binge. Child neglect cause death)
Felony Murder Approaches
Death must be in furtherance of felony.
Agency - Unrelated 3rd party causes death of accomplice other accomplice not responsible. SOPHOPHONE (Cop kills accomplice.)
Proximate cause - Don’t have to commit act. Liable if death was foreseeable proximate cons / cause.
HERNANDEZ- (Cop killed a random trying to get D for resisting. FMR. Foreseeable cons.)
Spontaneous impulsive murders not Premeditated Murder
GUTHRIE - 1st Murder <—PREMEDITATION = time + consideration. (Stabbed immediately after being teased. Spontaneous. Not premeditated murder)
WALKER - Prior Calculation and design Agg Murder (Spontaneous Bar fight. Pulled out gun killed knowingly. Not agg murder)
Intoxication in Reckless killing. Depraved heart murder mental state
Brown - Intoxication can negate mental culpability req for DHM. (Drunk at party. Shot victim)
Implied Malice Murder (Reckless killing)
Knoller - IMPLIED MALICE for 2nd Murder requires act w mental RECKLESSNESS aka Conscious disregard for human life (Dangerous dogs kill after warnings)
Depraved Heart Murder (Reckless killing)
Snyder - Utter disregard or indifference to substantial risk of death (Mom Suffocated kid constantly so she could be messed up and receive disability $$. Refused to help revive kid. Died.)
Involuntary Manslaughter (Regular + Misdemeanor)
Kolzow - RECKLESS DISREGARD RISK of death (Left Baby in hot car on purpose n forgot)
Olsen - AWARENESS OF RISK (Looked both ways. Didn’t see anything. Killed driver. No manslaughter bs not aware of risk.)
Biechele - Underlying misdemeanor proximate cause of death = Invol manslaughter (Fireworks killed crowd at concert. Involuntary manslaughter)
Swerving 2 avoid accident results in death. (Negligent homicide or no?)
Traughber - SWERVE TO AVOID ACCIDENT NOT ORDINARY NEGLIGENCE. ITS REASONABLE. (Drunk swerve to avoid accident. Kills driver.)
NEGLIGENT HOMICIDE (GROSS NEGLIGENCE REQ)
SMALL - GROSS NEGLIGENCE AND ACTS IN DEVIATION FROM STANDARD OF CARE IS NEGLIGENT HOMICIDE (Mom left kids unsupervised. They died. Gross deviation of standard of care. Negligent homicide.)
RAPE IS GENRAL INTENT CRIME (Cases)
Jones - Verbal resistance expresses lack of consent and counts as resistance.
RUSK - FEAR W/o RESISTANCE NOT RAPE
Rape conviction Requires overcoming resistance w force or threat. (Took away keys. Asked to go to room. Gave head cuz she was scared. No evidence of resistance) NO rape.
Lopez - Mistake of consent NOT a rape defense (Thought she consented)
Newton - Intoxication not rape defense
Boro- Rape by fraud or ruse is not Rape unless there is statute.
Battery
Peck - (Spit on officer as disrespect. Agg Battery)
Assault
Birthmark - Assault based on REASONABLE PERCEPTION (Was talking violently about someone else not victims but they reasonably were scared. Assault.)
