Crim Law Flashcards
Specific Intent
Intent to cause the exact result that’s criminalized
Specific Intent Crimes
FIAT
- First Degree Murder
- Inchoate crimes - conspiracy, attempt, solicitation
- Assault with attempt to commit battery
- Theft crimes - larceny, burglary, robbery, forgery, embezzelment
MAlice Crimes
- Murder
- Arson
General Intent
Intent to perform an act
MPC States of Mind
- Purposely - highest culpability
- Knowingly and willfully
- Recklessly
- Negligently
Principals
Rule - Ds whose act or omission forms the actus reus
Accomplice Liability
Intent + Definition
People who assist the principal before or during the commission of a crime
Must have intent of assisting the principal
Same degree of liability as principal - liable for:
1. Planned crime, and
2. Foreseeable crimes
Accessories after the Fact
People who assist D after the crime has been committed
Accomplice Liability Mental States
Majority & minority
Majority/MPC - must act with purpose/intent to assist
Minority - intentionally or knowingly aids or causes another person to commit offense
Mistake of Law Defense
Not a defense
Three exceptions:
1. Reliance on high level government interpretations
2. Lack of notice
3. Mistake of law that goes to an element of specific intent
Mistake of Fact Defense
For each type of intent
- Strict Liability - never defense
- General Intent - only if mistake is reasonable and goes to the criminal intent
- Specific Intent - valid defense regardless of whether mistake is reasonable or unreasonable
4 Insanity Tests
- M’Naghten
- Irresistable Impulse
- Durham Rule
- MPC
ALL require that D have a mental disease/defect
M’Naghten Test
D either did not know the nature of the act or did not know that the act was wrong because of mental disease/defect
Irresistable Impulse
D has a mental disease or defect that prevents D from controlling himself
Durham Rule
D would not have committed the crime but for having a mental disease/defect
Rarely use
MPC Insanity Test
Due to mental disease/defect, D did not have the substantial capacity to appreciate the wrongfulness of his actions or conform his conduct to the law
Involuntary Intoxication Defense
Valid for general, specific, and malice crimes if negates the necessary mens rea
Voluntary Intoxication Defense
Specific intent crimes only and must prevent D from forming mens rea
Conspiracy Elements
Common Law + MPC
Common Law & MPC
1. Agreement
* CL - two guilty minds
* MPC - at least one guilty mind
2. Between two or more people
3. To commit an unlawful act
MPC
1. Performance of an action in furtherance of conspiracy
Can be liable for conspiracy AND all substantive crimes committed by other conspirators in furtherance of the conspiracy
Withdrawing from Conspiracy
Common Law + MPC
Common Law - cannot withdraw, crime is completed when agreement is made
MPC - Must:
1. Communicate intention to withdraw to all other conspirators, or
2. Inform police about the agreement
3. If conspirator withdraws after engaging in an overt act, can only withdraw by trying to thwart the conspiracy
Attempt Elements + Defenses
Attempt requires:
1. Specific intent to commit the criminal act
2. Performs an overt act in furtherance of the crime BUT
3. Does not complete it
Defenses - all SI crime defenses
Merges into completed offense
Solicitation
Occurs when an individual intentionally invites, requests, or commands another person to commit a crime
If person agrees –> conspiracy is formed
If complete crime - solication merges with completed offense
Homicide Rule Statement
Homicide is the killing of a living human being by another human being
First Degree Murder
Rule - First degree murder is the deliberate and premeditated killing of another, or a killing resulting from an inherently dangerous felony.
Common Law Murder
Rule + Types of Malice
Same as Second Degree Murder
Rule - Common law murder is the unlawful killing of another with malice aforethought.
4 Types of Malice
1. Intent to kill
2. Intent to inflict serious bodily harm
3. Abandoned or malignant heart, or depraved heart
4. Felony Murder - BARRK
Voluntary Manslaughter
Rule + Test
D intends to kill the victim but acted in the heat of passion or under extreme emotional disturbance
Test - Is the situation one in which most people would act without thinking and without time to cool off?
Involuntary Manslaughter
Criminally negligent killing or killing of someone while engaging in a crime other than those covered by felony murder
Larceny
Larceny is the:
1. Taking or moving
2. Of another person’s property
3. Without their permission (trespassory)
4. With intent to deprive them of it permanently
Specific Intent crime
Embezzlement
Variation of larceny
D starts with having V’s consent to have the property but converts the property to his own use
False Pretenses
Variation of larceny
D obtains title to someone’s property through act of deception
Robbery
Larceny + Assault
- Taking
- Another person’s property
- Without their consent
- With intent to deprive them of it permanently, and
- The taking occurs from the V’s person or in V’s presence
- Either by violence or putting V in fear of imminent physical harm
Burglary
- Breaking and
- Entering
- The dwelling - MPC - commercial buildings + dwellings
- Of another
- At night - common law only
- With the specific intent to commit a felony once inside
Battery
- Unlawful
- Application of force
- To another person
- That causes (1) bodily harm or (2) offensive touching
General Intent crime
Assault
Two Types:
1. Attempted battery - SI crime
2. Intentionally placing another in fear of imminent bodily harm - GI crime
Kidnapping
Common Law
- Unlawful
- Confinement of another person
- Against that person’s will
- Etiher by hiding or moving V
Arson
- Malicious
- Burning
- Of another person’s - MPC - own home too
- Dwelling - MPC - commercial buildings & dwellings
Felony Murder Crimes
- Burglary
- Arson
- Rape
- Robbery
- Kidnapping
Self-Defense + Deadly Force
- Actual and reasonable belief of imminent serious harm or death
- Deadly force is necessary to prevent the harm, and
- Not initial aggressor
Majority - no duty to retreat
Minority - duty to retreat if safe to do so, except inside your home
Self-Defense + Non-Deadly Force
3 Requirements:
1. Actual and reasonable belief of imminent unlawful harm
2. Force reasonably necessary to prevent harm
3. Not the initial aggressor
No duty to retreat
Can only use non-deadly force to protect property
Duress
D can claim he only committed a crime because he was threatened by a 3rd party and reasonably believed the only way to avoid death/injury was to commit crime
Threat - must be death or serious bodily harm
NOT defense for murder
Felony Murder Liability
Agency Theory (Majority) - D responsible for deaths caused by co-felons
Proximate Cause (Minority) - D responsible for deaths casued by any person
If co-felon killed by police officer –> not felony murder
Kidnapping
MPC
Occurs when V is intentionally and unlawfully moved or confined for purposes to:
1. Hold for ransom or as hostage/shield
2. Facilitate commission of any felony or flight thereafter
3. Inflict bodily injury or terrorize the V or another, OR
4. Interfere with performance of a governmental or political function
Attempt Test - Common Law
Dangerous Proximity Test - D performs act sufficiently close to completing the offense
Attempt Test - MPC/Majority
Substantial Step Test - D engages in conduct that exceeds mere preparation & strongly corroborates criminal intent
