Crim Law Flashcards
Burglary
Breaking, entering, into the dwelling of another, at night time, with the intent to commit a felony
Notes:
Breaking: slightest push of a door/window
Dwelling: modern rules allow any building
At night: modern rules don’t require this
Intent to commit felony: even if underlying felony doesn’t succeed, can still be convicted for burglary (intent has to exist while breaking and entering!!!)
Larceny
The trespassory (without consent) taking and carrying away of the personal property of another with the intent to permanently deprive the owner of the property
Robbery
Larceny by force or intimidation when the taking of the property is from the person or in presence of the victim
Battery
Unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching
Conspiracy
An agreement between two or more people to accomplish an unlawful purpose with the intent to accomplish that purpose. Maj rule: there must also be an overt act in furtherance of the conspiracy
Accomplice liability
A person is liable as an accomplice if he aids the principal prior or during the crime with the intent for it to be committed. The accomplice is liable for the crime itself and all probable consequences of the crime
Accessory after the fact
A person who aids or assists a felon in avoiding apprehension or conviction after the felony is committed. The person must know the felony was committed
Receiving stolen property
Receiving stolen property with knowledge that the property is stolen with the intent to permanently deprive the owner of the property
Co-conspirator liability
A conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy
Withdrawal from conspiracy
At common law, Withdrawal is not a defense to conspiracy because the conspiracy is complete as soon as the parties enter into agreement. Maj rule is conspiracy isn’t created until overt act is taken
To withdraw before overt act: repudiate and alert police (not charged w conspiracy bc no overt act taken)
To withdraw after overt act:
Repudiate, alert police. Won’t be charged w other crimes that were later gonna occur, but still charged w conspiracy bc it was fully formed
NOTE: ACCOMPLICE LIABILITY CAN STILL APPLY
Accomplice withdrawal
1) repudiate prior aid
2) do all that is possible to countermand prior assistance
3) do so before the chain of events is in motion and unstoppable
Common law murder (malice aforethought)
Unlawful killing with malice aforethought, which is the Intent to kill, intent to inflict serious bodily injury, depraved heart, or felony murder rule
First degree murder
Statutorily created category of murder, defined as deliberate and premeditated murder
Depraved heart
Killing must result from reckless action by defendant that manifests an extreme indifference to human life
Second Degree Murder
Unlawful killing of a human being with malice aforethought
Voluntary manslaughter
Murder committed in response to adequate provocation (in the “heat of passion”)
Involuntary manslaughter
Unintentional homicide committed with criminal negligence or during an unlawful act
Imperfect self-defense
When the person claiming self-defense unjustifiably kills the attacker and it will reduce the charge from murder to voluntary manslaughter
Fraud in Factum
Unaware that act is occurring (doctor telling patient something is part of procedure but is actually sexual intercourse, would be rape)
Fraud in inducement
Victim knows what act is being committed (I’ll marry you if you have sex w me, not rape bc still consent to the act)
Insanity M’Naughten Rule
(The commonly tested one)
D is not guilty if, because of defect or due to mental disease, D did not know EITHER:
1) Nature and quality of the act
OR
2) The wrongfulness of the act
Insanity Irresistible Impulse
D is not guilty if he lacked capacity for self-control and free-choice because:
Mental disease or defect prevented him from being able to conform to law
Durham Rule
D is not guilty if the lawful act was the product of the D’s mental disease or defect
AND
would not have been committed but for the disease or defect
MPC insanity test
D is not guilty if, at time of conduct, as a result of mental disease or defect,
he did not have substantial capacity to appreciate wrongfulness of the act OR to confirm his conduct to the law
Voluntary intoxication
Defense that applies to most Specific intent crimes (FIAT), not for malice, recklessness, strict liability, etc
Self-defense
Reasonable use of force to protect one’s self at a reasonable time
- deadly force only when protecting against deadly force
- unreasonable self-defense requires good faith, can bring murder charge down to voluntary manslaughter
Entrapment
Crime is induced by government official and D wasn’t predisposed to commit a crime already
Embezzlement
Fraudulent, conversion, of the property, of another, by a person who is in lawful possession of the property
Solicitation
Entices, encourages, or asks person
To commit a crime
With the intent that the other person commits the crime
(Point out that this merges into the completed crime)
MPC Unilateral Approach to conspiracy
A unilateral conspiracy can be formed if only ONE party agrees to accomplish that lawful purpose
Aka if this approach is used when the other party is an undercover detective you’re fucked
Attempt
Specific intent to achieve the criminal act
AND
a substantial step in the direction of the commission of the act or dangerous proximity to the commission of the act
- mere preparation is not a substantial step
Juveniles
No life without parole sentences if non homicide crime
No mandatory life without parole for juveniles convicted of homicide
