Crim L/P Flashcards
Crime Requires
AR + MR + Causation + Concurrence
AR
Voluntary Physical Act or Omission
Omission
D - specific legal duty to act
D- knowledge giving rise to duty
Reasonably possible for D to perform
MR
Specific Intent
General Intent
Malice
SL
VL
Causation
Cause in Facts (b/f)
+
Proximate Cause (natural and probable consqeunce)
Specific Intent
Specific intent or objective to commit crime
Specific Intent Crimes
Students Can Always Fake A Laugh for Ridiculous Bar Facts
Solicitation
Conspiracy
Attempt
First Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery
General Intent
D aware of actions + any attendant circumstances
General Intent Crimes
Battery
Rape
KN
FI
Malice
D acts with reckless disregard or undertakes obvious risk from which harm is expected
Strict Liability
NO intent or awareness req
(Rape, regulatory, morality, administrative)
Vicarious Liability
Held liable for another’s criminal conduct
MPC
Purposely
Knowingly
Recklessly
Negligence
Purposely
Conscious objective - particular result
Knowingly
Aware conduct is of a particular nature + conduct will nec/very likely cause result
Reckelssly
Knows of substantial risk/unjustifiable risk + consciously disregards
Negligence
Fails to become aware of S&U risk
Transferred Intent
D liable if intends harm caused, but causes to a different victim
(NEVER for attempt– usually battery, arson, homicide)
Effect of Transferred Intent
TWO crimes – attempt (intended crime) + resulting crime
Merger
Two offenses merge – prohibiting prosecuting D separately for each
(only solicitation and attempt)
Lesser Included Offenses
Cannot be charged of target crime + lesser included (same but not all elements)
Solicitation
Inciting, Urging, o/w asking one to commit a crime
+
Intent they commit crime
(*Merges with target offense)
Solicitation Defenses
MPC allows renunciation
Refusal, w/d, impossibility NOT defenses
Accomplice Liability
Aid/ Counsel/ Encourage P before or during the crime
+
with intent to assist P AND that P commits crime
Accomplice Liability Scope
All crimes he committed or counseled
+
Any other probable consequences
Common Law Accomplice Liability
P in the first - actually engages
P in the second - a/a/e + present at crime
Access b/f - a/a/e/ + not present at crime
Access a/f - knowingly gives assistance + for purpose of helping him avoid apprehension
Modern Accomplice Liability
P - has requisite AR + engages in act/omission
Accomplice– a/a/e
Access after - receives/comforts/assists P knowing crime committed + to help escape (obstruction)
Accomplice Liability Defenses
Withdrawl
Member protected class (eg: minor victim in statutory rape)
Parties not provided for in the statute (eg: purchaser of drugs not acc to seller)
Accomplice Liability Withdrawal
Repudiate prior aid/encouragment
Do all possible to counteract prior aid +
Do so before chain of events in motion/unstoppable
Conspiracy
Agreement between two or more people
Intent to enter an agreement
Intent to commit target crime or pursue an unlawful objective
Overt act in furtherance of
Unilateral Conspiracy vs. Bilateral Conspiracy
Common Law – Bilateral (need two)
MPC – unilateral (one mind enough–*undercover cop ex)
Conspiracy Termination
Ends upon completion of crime
Conspiracy Defenses
NO impossibility or w/d for the conspiracy
(w/d may be possible for future crimes with affirmative act +timely)
Co-Conspirator Liability
Each liable for crimes
F/S
+
Committed in furtherance of conspiracy
Attempt
SI
Overt Act (beyond mere prep) + Intent to commit particular crime
Insanity Defenses
M’Naghten – does not know right from wrong
Irresistible Impulse – lacks ability for self-control/cannot conform to law
MPC – MN + II
Durham – but for mental illness, would not have acted
Infancy
Under 7 - no crim liability
7-14 Rebuttable Presumption
Intoxication
Voluntary – SI
Involuntary – ALL
Involuntary Intoxication
Took substance w/o knowledge of nature
under direct duress imposed by another person
pursuant to med advice w/o notice of intox effect
Self Defense
Non deadly where:
No fault + Reasonable belief of unlawful force + proportionate force
Deadly Force where:
No fault + reasonable belief death/great bh
Duty to Retreat (SD)
NDF – no duty
DF – no duty (maj)
Self Defense by Initial Aggressor
Allowable where:
IA w/d before need for SD arises and communicates desire to do so
or
Victim of IA suddenly escalate minor dispute to deadly altercatino
SD of Others
Reasonable force to defend other IF reasonably believes other person would be justified in using that force
Imperfect Self Defense
Person kills under unreasonable belief that he faced DF
(reduce murder to VMS)
Police Use of Force to Effectuate Arrest
NDF – if reasonably
DF– if prevent fleeing felon or FF poses threat of d/sbh
Citizen Arrest
Use of Force
NDF- if crime actually committed + reas bel person arrested committed it
DF- to prevent escape of person who committed felon + FF threatens human life
Force to prevent crime
NDF - serious breach of peace
DF:
CL - to prevent commission of felony
Mod- terminate previous dangerous felony + felony threatens srs risk to HL
Defense of Dwelling
NDF- to prevent/terminate unlawful entry or attack
DF- ONLY if reas bel
-force necessary to prevent attack on oneself/others by person who attempted violent entry
OR
-force nec to prevent entry by person who intends to commit a felony therein
Defense of PP
NDF- if reas nec to defend against imminent unlawful interference or trespass
Necessity
Only if D believe conduct reas nec to avoid imminent greater injury to society
Exc: results in death of another or D caused events leading to necessity
Duress
D believes crime nec to prevent death/sbh
(NEVER to homicide)
Consent
ONLY if negates element of defense!
Vol/freely given + capable of consenting + no fraud in obtaining
Entrapment
Criminal design originated with LE
+
D not o/w predisposed to commit
Mistake of Law
(almost never)
Lacking awareness/knowledge that act constitutes a crime
Exc: reas reliance on invalid statute OR mistake negates element of crime req knowledge of the law
Mistake of Fact
Available as a defense only if negates req intent element
defense to SI = any mistake
defense to Malice + GI = reas mistake only
defense to SL = NEVER
Assault
Attempted Battery
or
Intent to place in reas apprehension of imminent injury
Battery
Unlawful application of force + person of another + amounting to harmful/offensive touching
Rape
CL = unlawful carnal knowledge of a woman by a man other than her husband w/o her consent
Modern: SA – slightest penetration + no consent
False Imprisonment
Unlawful confinement of a person w/o their consent
(Can rise to KN if mvmt/conceal)
Kidnapping
Unlawful confinement of another + movement (asportation) and concealment in secret place
Aggravated: ransom, to commit other crime, or child involved
Murder
Unlawful killing of another with MA
Malice Aforethought
Intent to kill (1st)
Intent to inflict GHB (2nd)
Depraved Herat (2nd)
FM (1st or 2nd)
Intent to Kill (MA)
desire to kill; knowledge of subst cert death will occur
Intent to Inflict GBH (MA)
Intent to commit grievous bodily injury
Depraved Heart (reckless indifference) (MA)
Reckless indifference to an unjustifiable risk of human life
FM (MA)
BARRK
Intent to commit underlying felony + statutorily enum felony/inherently dang felony
BARRK
Burglary, Arson, Rape, Robbery, KN
FM Bystander Deaths
Agency theory (maj) – D not liable
Proximate cause theory(min) – D IS liable
FM Co Conspirator Death
maj- D not liable when nonfelon kills co-felon (ex: police)
(also “redline view”)
FM Limitations
D must be guilty of underlying felony (ind of killing)
Victim’s death f/s (pc) of felony
Victim’s death caused before felon reaches place of safety
Statutory Modifications to CL Murder
First Degree – D + PM (in dispassionate manner, reflected on) or FM
(Vol intox and mistake of fact are defense, bc SI!)
Second Degree– homicide not rising to 1st
Voluntary MS
Heat of Passion/Adequate Provocation
VMS “Adequate provocation”
Would cause sudden and intense passion in an ordinary person causing him to lose self-control
D was in fact provoked
sufficient time to cool off– did not
Invol MS
Gross Negligence
Misdemeanor MS (act inherently w/f and death was fs consequence OR not rising to FM)
Larceny
Taking and carrying away prop another
w/o consent
intent to permanently dispossess
Embezzlement
Fraudulent conversion by one in lawful possession
(no embezz if intent to restore–exact same)
False Pretenses
Taking title
by false statements
of past/existing fact
with intent to defraud
Larceny by Trick
taking possession
by false statements
of past/existing fact
with intent to defraud
Receipt of Stolen Property
Receipt of possession and control
of stolen property
known to be illegally obtained by another
with intent to perm deprive true owner
Forgery
Creating/Altering
doc with purported legal significance
to be false
with intent to defraud
Robbery
w/f taking of another’s pp
from his person by fprce/threat
intent to perm deprive
Extortion
Obtaining prop
through threats of future harm or exposing info
(need not take from person’s presence)
Burglary
B&E (actual or constructive)
Dwelling (mod- need not be dwelling- structure)
of another (occupancy suff)
at nighttime (mod- any time)
with intent to commit felony therein (mod- can be misdemeanor; need not be completed + can form intent after entering)
Arson
Malicious
burning (charring yes, scorching no)
Dwelling (mod- structure)
of another
Damages Req
Arrest
Taking individual into custody – PC REQ (warrant not usually required)
PC
T/W facts or knowledge sufficient for a reasonable person to believe that the suspect has committed/planning to commit a crime
Non Emergency in Home Arrest
Warrant required
Detentions
S&F (RS)
Auto (RS)
Stationhouse (PC)
To obtain SW (PC, can stop from entering house)
Of Occupants of premises (valid SW -yes)
Auto Stop (detention)
RS required-(pretextual motive okay if RS)
Pass + Pass compartments (no trunk) -belief weapons present
PC arises during → whole car
Checkpoints
neutral + articulable standard
serves purpose related to cars and their mobility/safety
Validity of SW
Based on PC
describes places to be searched/items to be seized with particularity
Neutral + detached magistrate
(GF exception applies)
REoP
4th only attaches if REoP (totality of the circ)
auto – D owns/possesses/lives in premises to be searched or overnight guest
never– inherently public things like HW/voice/odos
GF SW Exception
If GF – exclusionary rule does not apply
No GF where:
- affidavit lacks PC + no reas PO would have relied
- warrant defective on its face
- PO lied to magistrate
- magistrate wholly abandoned judicial role
Execution of SW
W/O unreasonable delay
K&A + reas time be entering
Scope– reas nec to discover items in W
Open Fields
No REoP if beyond house + curtilage
(trash if at alley curb)
Ct considers: prox to house; enclosed; steps to protect; nature of use
Sensory Enhancing Tech in Searches
NOT allowed–only what’s available to public
Dog Sniffing in Searches
Luggage at airports and cars legit stopped
Exceptions to SW
SPACES
Search incident to lawful arrest
Plain View
Automobile
Consent
Exigent Circ
S&F
Search Incident to Lawful Arrest
Arrest is lawful + contemporaneous with arrest + WS
SILA - Protective Sweep
All/part of premises where arrest takes place IF:
reas belief based on specific + artic facts that other dang indiv may be present
SILA + Car
Car + compartments IF:
reas believe arrestee might access vehicle at time of search (unsecured) OR
RB vehicle contains evidence of the offense causing the arrest
(no trunk w/o consent or PC)
Plain View
PO legit present + contraband in PV/imm apparent
Consent to Search
V & I made + person making has authority to consent
(scope may be limited by consenting party)
TP Consent to Search
Mult prop rights = anyone
resident above non
tenant above LL
refusal above consent (unless refuser leaves)
Auto Exception to SW
If PC – whole car + trunk + containers that might contain object seeking
(PC must arise before search)
S&F SW Exception
RS on Totc
Stop = brief (no longer than reas nec to verify suspicion
Frisk = RS armed and dangerous
(If PC arises during – can arrest)
Exigent Circumstances
PC + needed to:
prevent destruction of evidence
prevent imm injury to persons, or
HP
Scope = broad as nec to prevent escape (can enter dwelling)
School Searches
Reasonable chance of finding w/d +
procedure reasonably related to object of search +
not excessively intrusive
Admin Search w/o warrant
Highly regulated bus/industry– permitted
Border Search w/o warrant
Detention at border = RS
International Mail = open and inspect
Immigration = raid business to determine citizenship status
W/T & Elec Surveillance
W/T = No warrant to make someone wear a wire
ES - W → PC of specific crime committed + start of communications + name subjects + particularity + limited to short period of time + term when desired info obtained
Exclusionary Rule
No intro of evidence obtained in violation of D’s constitutional rights in CRIMINAL trial
Exclusionary Rule Limitations
does not apply to:
GJ, civil, parole, admin, violations of K&A, evidence seized as result of Miranda violation
Fruit of the Poisonous Tree
Evidence w/f obtained = inadmissible
Exceptions:
Gov breaks chain/Attenuation (too remote)
Ind source
Inevitable disc
Exclusionary Rule Remedy
Harmless Error Review – beyond reasonable doubt
5th amendment
Self Incrimination
May refuse to answer if will incriminate (civil OR crim)
testimonial/communicative evidence only + not for Corp
Exc: Grant of immunity; incrim not possible; waived
5th Amendment
Miranda
If in custody – must be informed of Miranda before interrogation o/w subsquent stmts = inadmissible
Miranda + custodial Interrogation
Custody = not free to leave
Interrogation = stms by police likely to elicit incrim response (PS exc)
5th Amendment Miranda
Right to Silence
If invoked– cease ALL qs
(Police can reinitiate after reas time on unrelated crimes–must remiranda)
5ht Amendment
Rt to Counsel
Once invoked unambiguously – cease ALL qs on ANY topic
(accused restarts– interrogation allowed)
5th Amendment Miranda
Waiver
Knowing, intelligently made, voluntary
(burden on pros to show waiver valid)
Double Jeopardy
Attaches when jury empaneled, bench - 1st w sworn- NO GJ
cannot be retried for same offense or lesser offense
exc: new ev available
Double Jeopardy Exceptions
Hung Jury
Mistrial - manifest necessity (ex: D sick)
Retrial after D successfully appealed
D breaches plea deal
Sep Sovereigns (diff states; fed after state/etc)
5th Amendment
Due Process
Applicable to states through 14th
Confessions - vol
Ids- not nec suggestive
6th amendment
Rt to Counsel
OFFENSE SPECIFIC
Once attaches → police may not elicit incrim stmts o/d presence of counsel
6th Amendment
Rt to Counsel - Scope
Offense specific – can question about OTHER crimes w/o counsel
Rt to counsel
5th vs 6th
Auto → 5th no (invoke); 6th yes (charged filed)
Offense → 5th not specific (stop qs on all subjects if invoked) 6th, specific (q about other things okay)
6th Amendment
Rt to Effective Counsel
Did not act as reasonable, competent atty would have
so prejudicial -b/f atty’s actions, result would have been different
6th Amendment
Rt to Confront Ws
Criminal - rt attaches auto → compel testimony + ability to cross
6th Amendment
Rt to Speedy Trial
no unreasonable delay between charges filed + start of trial (totc)
remedy = dismiss with prejudice
Bail
No higher than nec to ensure D will appear
Gov Duty to Disclose Exculpatory Info
D must show
evidence impeaches/exculp
favorable to d
prejudice resulted without
Plea Bargains
Judge must → determine plea is vol + D understands the following:
nature of charge
max auth penalty
d has right not to plead
d waiving right to jury trial
Appellate Court– Distrub Plea where
not voluntary
court that took lacked jx
D had ineffective counsel
prosecutor failed to honor
Jury Size
at least 6, no more than 12
6th amendment
rt to confront ws
co-defendant confessions
inadmissible unless:
confessing d subject to cross
sep trials
confession redacted to portions referring to co-d eliminated
co-d confession used to rebut d’s claim ofcoerced confession
8th Amendment
Death Penalty
Req:
statute allowing - must not be unconst vague
jury allowed to consider mitigating circ
at least one aggravating circ
Death Penalty Limitations
D under 18
D mentally disabled
D insane at time of exec
Conviction for FM and D not major participant OR did not act with depraved indifference
Jury trial waiver
if K/I/V
Jury Verdicts
If 6 → unanimous
fed crim → unanimous
12 → subst maj (mod most req unanimous)
