Crim Law Flashcards
When can a judge instruct the jury on a lesser included offense?
Note: D not charged with lesser included offense?
Court can instruct jury on a lesser included offense if––based on E presented at trial––a rational jury could acquit the D of the higher charged offense, but convict the D of the lesser offense
Which inchoate crimes merger?
only solicitation & attempt
*Conspiracy does not merge
Solicitation
- enticed, encouraged, commanded
- another to commit a crime
- SI that the person commit the crime
Conspiracy – Modern/Majority/MPC
Unilateral approach
- < 1 person
- specifically intends to enter
- into an K; and
- an overt act was committed
Conspiracy – CL/ Minority
Bilateral
- 2+ people
- specifically intent
- to enter into a K
*no overt act needed
Attempt – Act (2 types)
CL –Dangerous Proximity Test
Majority/MPC – Substantial Step Test
Dangerous Proximity Test
CL test for an “act” under attempt
D performs act sufficiently close to completing crime (must exceed early steps of planning)
EX:
- act necessary for crime’s success;
- act close in time or physical proximity to crime
Substantial Step Test
Maj/MPC test for “act” for attempt
D’s conduct exceeds:
1. mere prep
2. strongly corroborates D’s
3. criminal intent
EX:
- surveilling place where crime is to occur
Accessory After the Fact
- Knows principal committed a felony
- Aided/assisted the P after felony committed; and
- did so for specific purpose of
- helping P
- Avoid arrest or conviction
Only G for separate crime – “obstruction of justice” “harboring fugitive”
Accomplice v. Accessory After the Fact
Accomplice either helps or encourages Principal with the intent that P will commit the crime
Accessory After the Fact – helping after the crime is done
- includes if he was the getaway driver (didnt know abt crime), then sees crime happen, and still drive P away to safety
Exigent Circumstances
Exigent Circumstances – exception that justifies a warrantless police conduct when they have PC to believe that one of the following exists:
- Imminent threat E will be destroyed
- Hot pursuit – suspect feeling after felony occurred
- Emergency aid – immediate threat of harm to PO and/or public
SAD SPACES
Exceptions to a warrantless search:
- Search incident to valid arrest
- Admin search of highly regulated industry
- Stop and Frisk
- Plain View Doctrine
- Automobile Exception
- Consent
- Exigent Circumstances
- Special Govt purposes
Does the exigent circ exception apply when homeowner tells police not to enter [to save them].
YES – PO can still enter w/o 4A violation if the HO unequivocally invokes right to a warrant!
If the HO is in danger, PO can enter if they. have an objection reasonable belief that the person needs emergency aid
Robbery v. Armed Robbery
Robbery – threatful taking
Armed Robbery – armed threatful taking
Need SI to commit each
Murder – CL
Unlawful killing by a human committed w/ malice aforethought:
- intent to kill
- intent to cause serious bodily harm
- depraved heart murder
- Felony Murder
Voluntary Manslaughter
Intentional killing mitigated by either:
- Adequate Provocation – heat of passion
- no time to cool off - Imperfect Self-Defense
- D started altercation or unreasonably believed it necessary to use deadly force
Involuntary Manslaughter
Unintentional killing either:
- Caused by criminal negligence (or recklessness under MPC), that put person in significant risk of harm
- Unlawful Act – killing committed during commission of:
(a) malum in se MisD (assault, battery); or
(b) felony not treated as 1st or 2nd degree murder
(ie, misD manslaughter; act willfully or constituted crim neg)
Constitutionally Protected Areas
areas protected from unlawful 4A search
- body
- house
- papers
Special Govt Purpose
Exception to warrantless search/seizure
typically involves situations where the government has a compelling interest or a specific need related to public safety, law enforcement, or national security.
ie, needing to get DNA swabs from arrestees
6A Ineffective Assitance of Counsel
D can have conviction overturned by showing:
- Deficient Performance – atty’s rep fell below objective profession standard of reasonableness; and
- Prejudice – reasonable probably that outcome would be different but for deficiency
Atty Duty to Investigate – capital case
6A – IAC
If atty is repping D in capital offense –> has duty to conduct reasonable investigation to determine if there are mitigating facts for penalty phase that may lead to diff outcome
failure to do so –> deficient performance
“maybe I need a lawyer,” said D during interrogation. Does this trigger 5A R2C?
No –request for counsel was not unequivocal and explicit, so PO can continue interrogation w/o 5A violation
Use of Deadly Force – Self Defense
- actual + reasonable belief of imminent serious harm or death
- deadly force necessary to prevent harm
- not initial aggressor
MAJ* – no duty to retreat
MIN – duty to retreat, unless at home
*maj is default
Attempted Murder
D has:
1. SI to commit murder
- committed an act in furtherance of murder
- did not complete the murder
Once act occurs, D can be convicted of attempt, even if result was factually impossible
Agency Theory of FM
majority rule
- D is only responsible
- for deaths caused
- D’s agents (ie cofelons)
not responsible for deaths by PO or TP
FM – Proximate Cause Theory
Minority
- D is responsible
- for deaths
- caused by any person
- that is the natural & probable consequence
- of the felony
Larceny
SI
- trespassory (w/o consent)
- taking
- moving
- of another’s personal property
- w/ SI to dispossess permanently
Once property taken & moved (even slightly), change of heart is not a defense
Arson
Malice crime
- malicious
- burning
- of a dwelling*
- of another
*CL requires it to be a house; modern laws expand it to be non-residential structure
Damages: need charring/damage; not just discoloration
Kidnapping
- intentional
- unlawful
- confinement
- of another
- against their will
- by hiding or moving that person
*moving can be very slight
If kidnapping is coupled with another crime, what happens to the moving element?
Movement of the V must be more than is necessary to complete the other offense
False Pretenses
SI
- knowingly misrepresented
- a past or present material fact
- SI to defraud
- obtained title (ownership) of another’s property
Forgery
SI
- making
- false writing
- of apparent legal significance
- SI to defraud
MPC – Purposely
Subjective Standard
- conscious objective
- is to engage in
- certain conduct or
- cause a certain result
MPC – Knowingly
Subjective Standard
Aware or practically certain result will occur
MPC – Reckless
Subjective Standard
Consciously disregards substantial & unjustifiable risk
MPC – Negligence
Objective standard
fails to become aware of a substantial and unjustifiable risk
Depraved Heart Murder
- unintentional killing
- committed with
- wanton + willful disregard
- of an unreasonable risk
- to human life
EX:
- shooting into sky/class & bullet hitting person;
- shooting arrows knowing kids are playing behind target
- throwing bricks off highway with ppl under
When does an initial aggressor gain the right to self defense?
- initial aggressor’s use of nondeadly force is met with deadly force; or
- when IA, in good faith, completely withdraws and communicated that to OP
Defenses of Voluntary & Involuntary Intoxication
Voluntary –defense to SI crimes
Involuntary – defense to all crimes
How is the Breaking element of Burglary satisfied?
Breaking – any amount of force to create an opening into the dwelling
Even if the door is unlocked, opening the door and entering is enough
Actus Reus
- voluntary
- Act or omission
- to commit a given crime
Omission for AR
D’s failure to act can constitute AR if:
- specific legal duty to act
- D has knowledge of facts giving ruse to duty; and
- it was reasonably possible for D to perform the duty
Mens Rea
Gulity mind
Specific Intent Crimes
D must have SI or objective to commit given crime
(FIAT)
F - first-degree murder
I - inchoate offenses
A - assault w/ intent to commit battery
T - Theft offenses (larceny, etc)
Malice Crimes
- reckless disregard
- of high risk
EX: CL murder, arson
General Intent Crimes
Intent to commit an unlawful act
- intent: PKRN
- transferred intent
EX: battery, rape, kidnapping, false imprisonment
Transferred Intent
when D acts w/ intent to cause harm to one person/object, and that directly results in harm to another person/object
Usually: battery, arson, homicide
Does not apply to attempted crimes
Strict Liability
No intent or awareness required
The act is enough for D to be convicted
Vicarious L
D without fault is held L for another’s criminal conduct (like respondeat superior—See Torts)
Often arises with employment or business associations
SL Crimes
- statutory rape
- regulatory crimes
- Administrative crimes
- Morally offensive (bigamy)
Mistake of Fact
Defense to SI crimes, even if mistake is unreasonable
Defense to GI crimes, only if mistake is reasonable
Mistake of Law
Def: D relied on court decision/admin order/ official interpretation
Defense to SI crimes only
What crimes is D charged w/ for Transferred intent?
- Attempt of targeted person/object
- Restuling crime against injured person/object
Principal
ringleader
- person
- whose acts or omissions
- are the AR
- of the crime
Must be actively/constructively present at scene of crime
Accomplice
- person
- requisite MR
- aids/abets
- Principal
- before or during
- commission of crime
L is same as P’s
How can an Accomplice withdraw?
- repudiate prior aid
- do all that is possible to countermand prior help; and
- do so before crime happens
Insanity – 4 types
- M’naghten
- Irresitible Impulse
- Durham
- MPC
M’Naghten
Type of insanity
D did not know either:
1. nature + quality of act; or
2. wrongfullness of act
3. due to mental illness
can’t tell right from wrong
Irresistable Impulse
Insanity
- D lacked capacity
- for self control
- and free choice
- due to mental defect
Inability to conform to conduct of law
Durham
Insanity
- unlawful act
- was product
- of D’s mental defect
MPC Insanity
Combined M’Naghten + Irresistable Impulse
- At time of conduct
- D lacked substantial capacity
- to appreciate wrongfulness of act
- or to conform his conduct to law
- as a result of mental defect
Involuntary Intoxication
Taken w/o knowledge of intoxicating nature or under duress
Defense to GI, SI, Malice crimes
May be a defense to SL by negating voluntary act
Felony Murder
CL Murder; 1st Degree
Unintended + foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony
P Must establish that D committed underlying felony
BARRK
Burglary
Arson
Robbery
Rape
Kidnapping
First Degree Murder – statutory murder
- Premeditation & Deliberation; or
- after forming intent to kill, D had time to reflect
- SI crime - Felony Murder
could also have heinous acts (bombing, torture)
Second Degree Murder
Malice crime – so 3 of the CL murder variations
Murder committed w/ malice aforethought
Crimes Against Property
larceny
larceny by trick
forgery
emezzlement
false pretenses
robbery
extortion
burglary
arson – CL
poessession offenses
Receipt of stolen property
Larceny by Trick
SI
- Larceny
- obtaining possession
- of another’s property
- using false statements
- of past or existing fact
Embezzlement
SI
- fraudulent
- conversion
- of another’s property
- by one in lawful possession
False Pretenses
SI
- obtaining title
- by false pretenses
- of past or existing fact
- SI to defraud
Receipt of Stolen Property
SI
- Receipt of possession and control
- of stolen personal property
- known to have been illegally obtained
- w/ SI to permanently dispossess
Robbery
SI
- Wrongful taking
- of another’s personal property
- from his person or presence
- by force or intimidation
Extortion
SI
- obtaining property
- through threats
- of future harm
- or exposing information
Property need not be on his body or presence
Burglary
SI
CL Definition:
1. breaking
2. entering
3. of dwelling
4. of another
5. at night
6. w/ SI to commit felony once inside
Crimes against a person
battery
assualt
mayhem
kidnapping
false imprisonment
rape
Battery
GI
- unlawful
- application of force
- to another person
- that causes bodily harm or is offensive touching
Assault
Two types:
- Assault as a threat – GI
- Attempted Battery –SI
Assault as a Threat
GI
- intentionally
- placing another
- in apprehension
- of imminent bodily harm
Mayhem
- CL felony battery
- causes dismemberment
- or permanent disfiguration
Kidnapping
GI
- unlawful
- confinement of a person
- against their will
- coupled w/ either: movement or hiding of that person
False Imprisonment
- unlawful
- confinement of a person
- w/o consent
FI can become kidnapping if V is moved/concealed
Rape
GI
- unlawful
- sexual intercourse
- w/ female
- against her will
- by force or threat of immediate force
**modern laws make it gender neutral;
Fraud/trickery alone ≠rape
Inchoate Offenses
SI
CATS
Conspiracy
Attempt
Solitictation
Merger
Crime merges w/ target offense
Solicitation & attempt merge w/ completed offense
Conspiracy does not
Solicitation
SI
- enticing/encouraging/ requesting/ commaning
- another person
- to commit a crime
- w/ intent they commit the crime
Conspiracy
SI
CL – Bilateral
1. agreement
2. 2+ ppl
3. to commit a crime
4. or unlawful objective
5. NO overt act needed
MPC – Unilateral
1. agreement
2. < 1 person
3. overt act in furtherance needed
Termination: upon completion of TP
Scope of Conspiracy
Pinkerton Rule
Conspirator is L for conspiracy + coconspirators’ substantive crimes committed in furtherance of conspiracy
Withdrawal from Conspiracy
L for Conspiracy:
- Majority –– possible after K but before commission of overt act; D must give notice to coconspirators or timely notice to PO
-Minority/MPC – only if D thwarts the success of conspiracy
L for substantive crimes:
- notice to coconspirators
- or timely advising PD of existence
Attempt
SI
- substantial step
- towards commission of crime (beyond mere prep)
- SI to commit crime
Factual impossibility – NOT A defense
Abandonment – NOT a defense if AR done
**Attempt merges w/ TO once complete
Self Defense – Retreat
Maj: no duty to retreat
CL: duty, unless you’re at home
Defense of Property
- reasonable steps
- nondeadly force
- force cannot be disproportionate to perceived harm
- deadly force only ok if burglary is happening at home
- deadly mechanical devices NOT allowed
Arrest Defense
- PO can use reasonable force during arrest
- PO can use deadly force only if suspect is a threat to PO or TP
Resisiting unlawful arrest:
- D may use nondeadly force to resist unlawful arrest
- NEVER allowed to use deadly
Specific Defenses
Self defense
defense of others
defense of property
arrest
durress
necessity
consent
entrapment
Duress Defense
- TP unlawful threats cause D to believe only way to avoid death/harm is to comply
NOT a defense to intentional murder
Necessity Defense
forces of nature caused D to commit what would be a crime
Not a defense if D set natural forces in motion (starts fire) , or if there is noncriminal alt
Consent Defense
Not a defense unless it:
1. negates required element of crime; or
2. precludes harm sought by avoided crime
consent must be voluntary
Entrapment Defense
crime is induced by govt agent; and
D was not predisposed to commit crime
