Crim law Flashcards
McNaughton test (insanity)
disease of the mind caused a defect of reason so defendant lacked the ability at time of his actions to know wrongfulness or understand nature and quality of actions
Irresistible impulse test (insanity)
unable to control actions or conform conduct to law
Durham test (insanity)
crime was product of mental disease or defect
Attempt Elements
a. Specific intent; and
b. Overt act—a substantial step in the direction of the commission of the crime (mere preparation not enough)
MERGES with completed crime
Attempt Defenses
a. Factual impossibility is no defense
1) Factual impossibility arises when defendant sets out to do an illegal act, but cannot complete the act due to some unknown reason
b. True legal impossibility is always a defense
1) Legal impossibility arises when defendant sets out to do a legal act that he believes is illegal
c. Abandonment generally no defense after the substantial steps have begun
1) M.P.C. recognizes abandonment as defense if (i) fully voluntary and (ii) complete (i.e., not a postponement due to unfavorable circumstances)
Solicitation Elements
a. Asking someone to commit a crime
b. With the intent that the crime be committed
MERGES with completed crime
Solicitation defenses
a. The refusal or the legal incapacity of the solicitee is no defense
b. If legislative intent is to exempt solicitor, that is a defense
Conspiracy Elements
(1) an agreement between two or more persons;
(2) an intent to enter into the agreement; and
(3) an intent by at least two persons to achieve the objective of the agreement.
DOENST MERGE with other crime
Conspiracy Liability
each conspirator is liable for all crimes of other conspirators if foreseeable and in furtherance of the conspiracy
Conspiracy Defenses
a. Withdrawal
1) General rule—can only withdraw from liability for future crimes; no withdrawal from conspiracy possible because agreement coupled with act completes crime of conspiracy
2) M.P.C. recognizes voluntary withdrawal as defense if the defendant thwarts conspiracy (e.g., informs police)
b. Factual impossibility is no defense
Entrapment
a. Criminal design originated with authorities; and
b. Defendant was not predisposed to commit crime
Common Law Murder Elements
a. Unlawful;
b. Killing of another human being; and
c. With malice aforethought
4 forms of malice aforethought
a) Intent to kill;
b) Intent to do serious bodily harm;
c) Reckless indierence to unjustifiably high risk to human life (depraved heart murder); or
d) Felony murder
Voluntary manslaughter elements
1) Adequate provocation;
2) Gave rise to heat of passion; and
3) No adequate cooling-off period
b. Failed self-defense claim is voluntary manslaughter
Involuntary manslaughter
a. Types:
1) Killing resulting from criminal negligence; or
2) Misdemeanor manslaughter
Battery Elements
1) Unlawful application of force to another;
2) Resulting in bodily injury or offensive touching
Assault Elements
1) Intent to commit battery (see a., supra); or
2) Intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm
False imprisonment Elements
1) Unlawful;
2) Confinement of a person;
3) Without his valid consent
Kidnapping Elements
1) Some movement or concealment of a victim in a “secret” place
2) Some courts hold that “kidnapping” is committed when the victim is moved during the commission of another crime to a location that places her in more danger than that necessarily involved in the commission of the other crime
Rape Elements
1) Any penetration of the female sex organ by the male sex organ (many states have made gender neutral);
2) Without the victim’s effective consent;
a) Intercourse accomplished by actual force;
b) Intercourse accomplished by threats of great and immediate bodily harm;
c) Intercourse where the victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; or
d) Intercourse where the victim is fraudulently caused to believe that the act is not intercourse
3) In the absence of a marital relationship between the woman and the man (most states have abolished or modified this element)
Larceny Elements
1) Taking;
2) And carrying away;
3) Of tangible personal property;
4) Of another with possession;
5) By trespass;
6) With intent to permanently deprive that person of her interest in the property
Embezzlement Elements
1) The fraudulent;
2) Conversion;
3) Of personal property;
4) Of another;
5) By a person in lawful possession of that property
False pretenses Elements
1) Obtaining title;
a) If title is not obtained, the crime is larceny by trick
2) To personal property of another;
3) By an intentional false statement of a past or existing fact;
4) With intent to defraud the other
Robbery Elements
1) A taking;
2) Of personal property of another;
3) From the other’s person or presence;
4) By force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence;
5) With the intent to permanently deprive him of it
Receipt of stolen property Elements
1) Receiving possession and control;
2) Of “stolen” personal property;
3) Known to have been obtained in a manner constituting a criminal offense;
4) By another person;
5) With the intent to permanently deprive the owner of his interest in it
Burglary Elements
1) A breaking;
2) And entry;
3) Of a dwelling;
4) Of another;
5) At nighttime;
6) With the intent to commit a felony in the structure
Arson Elements
1) The malicious;
2) Burning;
3) Of the dwelling;
4) Of another
List of Specific intent crimes
- Solicitation: Intent to have the person solicited commit the crime
- Conspiracy: Intent to have the crime completed
- Attempt: Intent to complete the crime
- First degree premeditated murder: Premeditated intent to kill
- Assault: Intent to commit a battery
• Larceny: Intent to permanently deprive the other of their
interest in the property taken
- Embezzlement: Intent to defraud
- False pretenses: Intent to defraud
- Robbery: Intent to permanently deprive the other of their interest in the property taken
- Burglary: Intent to commit a felony in the dwelling
- Forgery: Intent to defraud
VOLUNTARY INTOXICATION is a defense
Unreasonable mistake is a defense
List of General Intent
- Battery
- Rape
- Kidnapping
- False Imprisonment
reasonable mistake is a defense
voluntary intoxication not a defense
Malice intent crimes
- Common Law Murder
2. Arson
Strict Liability requisite intent
- Statutory Rape
- Selling Liquor to Minors
- Bigamy (some jurisdictions)
State of mind (common law)
Specific intent: Intent to engage in proscribed conduct (subjectives test)
General Intent: Awareness of acting in proscribed manner (subjective)
Malice: Reckless disregard of a known risk (subjective)
Strict Liability: Conscious commission of proscribed act
MPC analysis of fault
Purposely: Conscious object to engage in proscribed conduct (subjective)
Knowingly: Awareness that conduct is of a particular nature or will cause a particular result (subjective)
Recklessly: Consciously disregarding a substantial and unjustifiable risk (Subjective and Objective)
Negligently: Failure to be aware of a substantial and unjustifiable risk (Objective)
Transferred Intent
The defendant can be liable under the doctrine of transferred intent when they intend the harm that is actually caused, but to a different victim or object
The doctrine of transferred intent applies to homicide, battery, and arson.
It does not apply to attempt.
Withdrawal from accomplice liability
Must repudiate encouragement
Must Attempt to neutralize any assistance
notifying police or taking action to prevent crime also sufficient
Conspiracy “Unilateral Approach” modern trend
which requires that only one party have genuine criminal intent.
under the unilateral approach, a defendant can be convicted of conspiracy if they conspire with one person only and that person is a police officer working undercover.
Conspiracy “bilateral Approach” (Common Law)
a conspiracy requires at least two “guilty minds,” that is, persons who are actually committed to the illicit plan.
Under this “bilateral” approach, if one person in a two party agreement is only feigning agreement, the other party cannot be convicted of conspiracy.
Overt Act for Attempt
Act beyond mere preparation
Traditional/Proximity Test: Dangerously close to completion
Modern/Majority: substantial step in the course of the conduct
“proximate cause” theory felony murder (minority view)
felons are liable for the deaths of innocent victims caused by someone other than
a co-felon.
“agency” theory of felony murder (majority)
Felon liable only if killing committed by felon or agent
