Crim Law

Question 1

Federal Jurisdiction

Answer 1

Anywhere inside the boundaries of the US (including territories); ships and planes on the high air/seas; committed by US nationals abroad

Question 2

State Jurisdiction

Answer 2

Crimes occurring whole or in part inside the state, conduct outside the state involved attempt to commit a crime w/in the state, or conspiracy if overt act occurred w/in the state

Question 3

Actus Reus

Answer 3

Physical act w/in the world (including speech); must be voluntary; failure to act can be sufficient (statutory duty, special relationship, voluntarily assuming duty of care, D causes peril and fails to mitigate harm)

Question 4

Mens Rea: Common Law (4 levels)

Answer 4

SPECIFIC INTENT

MALICE

STRICT LIABILITY

GENERAL INTENT

TIP: “With intent to…” = specific intent crime; “Knowingly or recklessly ….” = General intent crime; no MR language, consider strict liability

Question 5

Mens Rea: MPC (4 levels)

Answer 5

(1) PURPOSELY
D’s conscious objective is to engage in conduct or cause a certain result

(2) KNOWINGLY OR WILLFULLY
D aware conduct is unlawful in nature and that result is practically certain to occur based on conduct.

(3) RECKLESSLY
D acts w/conscious disregard of substantial and unjustifiable risk that constitutes gross deviation from standard of conduct of law-abiding person.

(4) NEGLIGENTLY
D should be aware of substantial and unjustifiable risk and acts in way that grossly deviates from standard of care of reasonable person in same situation.

Question 6

Mens Rea: Accomplices

Answer 6

MAJORITY + MPC
Accomplice must act w/purpose of promoting or facilitating commission of offense and intend that acts will assist or encourage criminal conduct

MINORITY
A liable if intentionally or knowingly aids or causes another person to commit an offense

CRIMINAL FACILITATION (Majority)
person who’s not guilty of substantive crime may be guilty of lesser offense for simply assisting

Question 7

Transferred Intent

Answer 7

Only applies to completed crimes

Question 8

Merger (2 categories)

Answer 8

(1) Lesser-included offenses and
(2) merger of solicitation/attempt and completed offense

Question 9

Types of Defendants (3 types)

Answer 9

PRINCIPALS
Commits AR giving rise to offense

ACCOMPLICES
Assist principle b/f or during commission of crime. Liable for planned and foreseeable resulting crime.

ACCESSORIES AFTER THE FACT:
Assists after crime committed

Aider/abettors can also be guilty of conspiracy

Question 10

Defenses: Children

Answer 10

Under 7: never capable
7-14: rebuttably presumed incapable
14+: can be charged as adults

Question 11

Defenses: Mistakes

Answer 11

MISTAKE OF LAW
Usually No

MISTAKE OF FACT

Strict Liability: Never

General Intent: must be reasonable and goes to criminal intent

Specific Intent: Only question is whether D held mistaken belief (reasonableness not considered)

Question 12

Defenses: Insanity (4 possible rules)

Answer 12

B/c of mental disease or defect

M’Naghten
D either didn’t know nature of act or act was wrong

MPC
D didn’t have substantial capacity to appreciate wrongfulness of actions or conform conduct to law.

Irresistible Impulse
D has mental disease or defect that prevents D from controlling themselves

Durham Rule
D wouldn’t have committed crime but/for mental disease or defect

Question 13

Defenses: intoxication

Answer 13

Voluntary: only for specific intent. Not valid if D got intoxicated in order to commit crime

Involuntary: Yea

Question 14

Self-Defense: Deadly Force

Answer 14

Reasonable belief that deadly force will be used against them, or under MPC, reasonably crime will result in serious bodily injury

Question 15

Self-Defense: Non-deadly Force

Answer 15

Any time reasonably fears threat of imminent unlawful harm

Question 16

Defense of Others

Answer 16

Same right to defend others against crime you have right to defend yourself from

Question 17

Defense of Property

Answer 17

Only non-deadly force

Question 18

Defense: Duress

Answer 18

Must be threat of death or serious bodily harm; not defense for intentional murder

Question 19

Defense: Necessity

Answer 19

In response to natural forces; lesser of two evils.

Question 20

Conspiracy Elements

Answer 20

Common Law: agreement btwn 2+ people to commit unlawful act

Modern: adds performance of overt act in furtherance of conspiracy to the common law elements

MPC: only D must actually agree to commit the unlawful act

Agreement can be explicit or implicit

Question 21

Conspiracy: Scope

Answer 21

Common law: Can convict co-conspirators of conspiracy and substantive crimes committed by other conspirators in furtherance of conspiracy

Tupes: Chain Conspiracy and Spoke-Hub Conspiracy

Question 22

Conspiracy: Withdrawal

Answer 22

Common law – impossible

Federal and MPC – can withdraw before commission of overt act by telling co-conspirators they’re withdrawing or informing law enforcement; After commission, can only withdraw by helping to thwart conspiracy

Question 23

Attempt

Answer 23

(1) Specific intent to commit a particular criminal act + (2) substantial step towards perpetrating crime

Question 24

Solicitation

Answer 24

Individual intentionally invites, requests, or commands another person to commit a crime. If person agrees, then b/comes a conspiracy

Question 25

Homicide: Causation

Answer 25

Actual: Victim would not have died but/for what D did Proximate: D’s act is foreseeable cause of victim’s death

Question 26

First-Degree Murder

Answer 26

Question will generally tell you if First-degree murder, if not, assume common law Deliberate and premeditated murder or killing resulting during commission of BARRK felony

Question 27

BARRK

Answer 27

Burglary Arson Robbery Rape Kidnapping

Question 28

Common-Law Murder (4 levels)

Answer 28

Unlawful killing committed w/malice aforethought Intent to Kill Intent to Inflict Serious Bodily Harm Malignant or Depraved Heart Felony

Question 29

Common-Law Murder: Intent to Kill

Answer 29

D acted w/desire V end up dead

Question 30

Common Law Murder: Intent to Inflict Serious Bodily Harm

Answer 30

D intended to hurt V badly and V died

Question 31

Common Law Murder: Malignant or Depraved Heart

Answer 31

D acted w/disregard for human life; must realize conduct is risky but doesn’t need to have intent regarding outcome; Majority and MPC – D must actually realize danger; Minority – reasonable person

Question 32

Common Law Murder: Felony

Answer 32

BARRK Majority – agency theory; D only responsible for crimes of their “agents”; Minority – Third parties killed by resister or police; Co-felon deaths don’t count.

Question 33

Voluntary Manslaughter

Answer 33

“Heat of passion” or “under extreme emotional disturbance” Test: Is the situation one in which most would act w/o thinking and cool-off period

Question 34

Involuntary Manslaughter

Answer 34

Criminally negligent – V dies while D is committing crime other than BARRK

Question 35

Larceny

Answer 35

(1) Taking (2) another person’s property (3) w/o their consent (trespassory) (4) w/intent to deprive them of it permanently

Question 36

Embezzlement

Answer 36

D starts out having V’s consent to property but converts the property to D’s own use

Question 37

False Pretenses

Answer 37

D obtains title to s/one else’s property through act of deception

Question 38

Larceny by trick

Answer 38

D fraudulently induces V to deliver possession (not title) of property to D

Question 39

Theft

Answer 39

Under MPC and many jurisdictions, larceny, embezzlement, false pretenses, and larceny by trick are all treated as single statutory crime of theft (tangible and intangible)

Question 40

Robbery

Answer 40

Larceny+assault

Question 41

Extortion

Answer 41

Variation of Robbery involving threats of future harm

Question 42

Burglary (Common Law and MPC)

Answer 42

Common Law Breaking and entering the dwelling of another at night w/specific intent to commit a felony inside MPC Breaking and entering the property of another w/specific intent to commit felony inside

Question 43

Battery

Answer 43

Unlawful application of force to another person causing bodily harm OR offensive touching

Question 44

Assault ( 2 types)

Answer 44

Attempted Battery D takes substantial attempt toward completing batter but fails; Specific intent crime Fear of Harm Intentionally placing another in fear of imminent bodily harm; general intent

Question 45

Rape

Answer 45

Common law Unlawful sexual intercourse with a female against her will by force or threat of force; general intent Majority Gender neutral; require lack of consent rather than force; general intent Statutory Strict liability

Question 46

Kidnapping

Answer 46

Unlawful confinement of another person against that person’s will either by moving or hiding them; if no moving or hiding then false imprisonment.

Question 47

Arson

Answer 47

Malicious (intent to act in way that’ll cause burning or substantially likely to do so) burning of another person’s dwelling (modern allows for commercial buildings as well)

Question 48

Perjury

Answer 48

Willful act of falsely promising to tell the truth about material matters. Must know what they’re saying is false, must intend to say s/thing false, and falsity must be material

Question 49

Bribery

Answer 49

Common Law Corrupt payment for purposes of influencing official in discharge of official duties Modern Law Allows bribery charge even if person being bribed isn’t public official

Question 50

Common Law Mens Rea Specific Intent

Answer 50

Specific Intent: D committed AR and did it for the very purpose of causing the result the law criminalizes --> FIAT crimes (First-degree murder, Inchoate crimes, Assault w/attempt to commit battery, Theft)

Question 51

Common Law Mens Rea Malice

Answer 51

Arson and Murder --> exists when D acts in a reckless disregard of high degree of harm. D realizes risk and acts anyways.

Question 52

Common Law Mens Rea Strict Liability

Answer 52

No state of mind requirement, just need AR --> (1) Statutory/Regulatory offenses; (2) Morals offenses

Question 53

Common Law Mens Rea General Intent

Answer 53

GENERAL INTENT Catchall category. Only requires that there is intent to perform the act and the act is unlawful.

Question 54

What do you ask to determine whether D is competent to stand trial/plead guilty?

Answer 54

1. Whether the defendant comprehends the nature of the proceedings against him; and 2. Whether the defendant has the ability to consult with a lawyer with a reasonable degree of rational understanding.