Crim final part 2 Flashcards
what are the elements of causation?
D’s wrongful act must be the factual cause and the proximate cause of the relevant harm
but for the defendant’s conduct, the harm would not have occurred. D is indispensable link in the chain leading to the victim’s harm
factual causation
if the accident is reasonably foreseeable, the conducti is sufficiently direct cause of the harm
proximate causation
what are the characteristics of proximate causation? (3)
1) when the result is not highly extraordinary, it is foreseeable
2) a possible consequence which reasonably might have been contemplated
3) the foreseeability test of proximate causation is highly subjective, depends on the substantive crime and facts of case
killing must be done by defendant, accomplice, confederate or by one acting in furtherance of felonious undertaking
agency theory
is medical malpractice reasonably foreseeable?
yes
if a victim is injured but the doctor is negligent and the victim dies, is the perpetrator still blameworthy?
yes
what type of medical negligence is not foreseeable?
gross medical negligence, the perpetrator in such case would be absolved from liability (SIC)
is the perpetrator still criminally liable for murder if the victim is particularly prone to severe injury due to physical condition (hemophilia) and dies?
they can be (eggshell rule like torts)
what are the 3 different approaches of foreseeability under common law?
1) broad foreseeability of general risk
2) made vulnerable, result foreseeable and related
3) specific foreseeability of exact circumstances
what is the MPC rule for proximate cause?
2.03
there is proximate cause if the result differs from the intended risked result only by affecting a different person/property (transferred intent)
under MPC if a D intends to kill one person, but kills a different person by accident what is that called?
“transfer of intent”
if a defendant transfers intent under MPC are they criminally liable?
yes
why is a D criminally liable for transfer of intent” under MPC?
1) same blameworthy MR (unlawful intent to kill)
2) same blameworthy result (unlawful killing)
under MPC what does proximate cause in strict liability cases require?
that the result be a probable consequence
under common law what may sometimes cut off liability?
subsequent voluntary acts
what are examples of subsequent voluntary acts?
1) intentional acts, SIC human will sever liability
2) reckless acts, divided standards (reckless action of another may cut off chain)
under MPC what is the rule for But-for causation?
2.03
in dual-cause cases, courts redefine the result (death from two bullet wounds, assisting suicide)
what is attempt punished for?
deterrence purposes
what are the characteristics of attempt under common law?
1) objective perspective
2) results central
3) lower punishment
what is the mens rea under common law for attempt?
1) last step test
2) dangerous proximity test (physical proximity to the intended victim)
3) res ipsa test (no other explanation of what def was doing)
what are the characteristics of attempt under MPC?
1) subjective perspective
2) mens rea central
3) punish attempt the same as completion
what is mens rea of attempt under MPC?
5.01
purpose regarding actions
what is the actus reus of attempt under CL?
intent regarding result and actions
what are the characteristics of the actus reus under CL for attempt? (4)
1) last act doctrine (last act before crime) (no longer used)
2) dangerous proximity to success
3) equivocality (whether actions show unequivocal intent, subjective)
4) mere preparation is not enough
opportunity to repent/change one’s mind (can’t punish someone for thoughts alone)
locus penitentiae
what is the actus reus for attempt under MPC?
5.01
substantial step in the commission of a crime (lying in wait, enticing, seeking victim)
what is the attended circumstance of attempt under CL?
parity/ambiguous
what is the attended circumstance of attempt for MPC?
5.01
parity
the same mens rea applies to the attempted offense as it would if the offense was completed
parity
what is the result of attempt under CL?
parity, suppose that result will occur
what is the result of attempt under MPC?
purpose, intent or belief that result will be caused
what is the defense of attempt under CL?
no abandonment defense
what is the defense of attempt under MPC?
5.01
abandonment defense if “complete and voluntary” before crime is committed
defendants intended end constitutes a crime, fails to finish b/c of factual circumstance unknown to him or beyond his control
factual impossibility (CL)
is factual impossibility a defense to an attempt charge?
no
2 types of legal impossibility
1) pure legal impossibility
2) hybrid legal impossibility
is pure legal impossibility a defense to an attempt charge?
yes
criminal law does NOT prohibit or condemn the defendant’s conduct (there’s no reason to deter D’s act bc it’s not legally a bad act (AR))
pure legal impossibility (CL)
is hybrid legal impossibility a defense to an attempt charge?
yes
Defendant’s goal is illegal but commission of the offense is impossible, due to factual mistake re: the legal status relevant to the criminality of his conduct
hybrid legal impossibility (CL)
why is hybrid legal impossibility hybrid?
b/c both factual and legal aspects (facts with legal significance)
what is the relation between factual impossibility and hybrid legal impossibility?
a hybrid can always describe as factually impossible but not vice versa (bribing a juror but not actually a juror)
what is the rule for impossibility under MPC?
5.01
only pure legal impossibility is not guilty (factual and hybrid are both guilty)
under MPC what is the exception for impossibility?
5.05
“inherently impossible attempt’ “so inherently unlikely, court discretion for lower or no charge
what is solicitation under CL?
inciting or soliciting another to commit a crime was itself a crime, independent of any other offense that either party might commit
what is solicitation under MPC?
5.02
guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourage or requests another to engage in specific conduct which would constitute such a crime/attempt/complicity
what is accomplice liability?
encouraging or aiding another in a crime
who is the principal?
engages in crime
who is the accomplice?
person who encourages or assists
what are 2 points to remember about accomplice liability?
1) derivative liability (there must be a guilty principal and principal must be culpable, doesn’t have to be convincible)
2) accomplices is guilty of crime committed by the principal, not guilty of “being an accomplice”
what is the mens rea of complicity under CL?
1) purpose:must intend to actually help principal carry out crime
2) foreseeability of harm: once you have a purpose for one criminal act, liable for all natural and foreseeable crime that arise.
what is the MPC rule for complicity?
2.06
attempt to or actually assist. Purpose to facilitate and purpose that the crime should happen
what is the actus reus of the principal in complicity under CL?
specific intent (purposely), objective, no but-for cause
what is the actus reus of the principal in complicity under MPC?
attempt to aid is enough (purpose to aid; purpose that principal commits crime) subjective, no need to have any effect in reality, luck should not be a factor
under MPC when is one liable for complicit attempt?
even if the principal never made any sort of attempt
what are the attended circumstance of complicity under CL?
opent to courts/ambiguous, sometimes requires MR for appreciation of materialy element
what are the attended circumstances of complicity for MPC?
open to courts/ ambiguous, child be MR or SL depending on circumstances
what is the result of the crime in complicity under CL?
parity
what is the result of the crime in complicity under MPC?
2.06 parity
what is the defense of complicity under CL?
no abandonment defense
what is the MPC rule for defense in complicity?
- 06
1) victim of offense
2) conduct is inevitably incident to its commission
3) terminates complicity prior to commission of offense
under MPC when may an accomplice be convicted?
on proof of the commission of the offense of his complicity, even if person who committed offense had not been
what is the innocent agent doctrine under MPC?
2.06
person is legally accountable for conduct of another if he causes an innocent or irresponsible person to engage in conduct
what is the innocent agent doctrine under CL?
same as MPC
agreement between 2 or more people to commit a crime’;
conspiracy
how can you be charged under CL for conspiracy?
with the crime and the conspiracy
how can you be charged under MPC for conspiracy?
cannot be charged with both except when the object of the crime is narrower than the conspiracy 5.03
what is the MR of conspiracy for CL
intent to agree (purposely) and intent that the crime takes place (purposely)(or knowledge when the crime is a felony) (bilateral)
under CL what is the MR for vicarious liability (conspiracy)?
negligence
under CL what is the MR for suppliers (conspiracy)?
purpose or knowledge
what is the MR under the MPC for conspiracy?
purpose (unilateral) allows defs soliciting police informants to be found guilty
what is the MR for vicarious liability under MPC (conspiracy)
purpose or knowledge
what is the MR for suppliers under MPC (conspiracy)
purpose (knowledge is not enough, even for serious crimes) 5.03
what is the actus reus for conspiracy under CL?
agreement to act + overt act in furtherance of the crime
what is a bilateral conspiracy (CL)?
both parties must actually have the intent, otherwise no liability. Knowledge is sufficient
what is the actus reus of conspiracy for MPC?
5.03
agreement to act (overt act only required for minor offenses, not for major felony crimes) knowledge is sufficient
what is a unilateral conspiracy (MPC)?
only one party has to have intent for liability (undercover agent)
what is the result under MPC for conspiracy?
purpose
what is the defense for conspiracy under CL?
withdrawal
1) make a clear renunciation to rest of conspirators
2) inform authorities about conspiracy
what is the defense for conspiracy under MPC?
5.03
renunciation, voluntarily and completely renunciate and must thwart the success of the conspiracy
what is the Pinkerton standard of conspiracy (CL)?
allows acts of co-conspirators to be attributable (must be reasonably foreseeable and in scope of conspiracy)
