crim law Flashcards
what must be in every crime
generally, every crime requires Acts/ actus reas, mens rea(intent) or non intent(strict liability), causation (actual and proximate), and concurrence
Actus rea
Generally, to be liable for involuntary manslaughter, a death was caused by criminal negligence or recklessness .
Mens rea-Intent or non intent
to do the crime;
Mpc:
Strict liability, general intent, malice, specific intent
Common law: 1. negligently(gross, deviation from norm and failing to perceive, substantial and adjustable risk)
- recklessly(growth deviation from norm and consciously disregard, substantial and justifiable risk
3.knowingly, awareness aware that a course of action willalmost certainlyproduce a specific result (willful conduct)
- purposely -conscious object
desirestoproduce the resultor engage in the particular behavior
-concurrence= mens res and actusrea must exist at the same time then it’s causation
Causation-
D must be cause in fact (actual) and proximate cause of death. *even if question say P could have been alive after D’s act but for something else (intervening event.). D still liable if the intervening event was coincidence or foreseeable based on D’s initial action….dont matter if D did not anticipate the praise manner in which death occurs or if P was breaking the law too .It was D’s act that put P in that state in the first place.
levels of mens reas for crimes
common law
* Specific intent;
-men’s rea purpose
Crimes:
1. first-degree murder(premeditated), intent to kill
2. assault,
3.coherent crimes,
4. property related crimes
5. Inchoate crimes
- solicitation, conspiracy, attempt
*general intent
Meas Rea criminal negligence
Crimes:
1. Battery,
3.rape,
4. kidnapping
*Malice crimes
Means Rea: Gross negligence
Crimes:
1. arson and
2. (all other murders);
1. Second-degree murder: This is satisfied by the intent to inflict great bodily harm
2. by acting with reckless disregard of an extreme risk to human life (depraved heart murder).
- Felony murder: This applies to any killing that occurs during the commission of a felony, an attempt to commit a felony, or a flight from a felony.
* common law-any party that committed that murder during the felony
*mpc- has to do with D that committed that murder
Strict liabiliy
No mens Rea just acts rea
Crimes:
1. Statutory rape
2. Public health
3.safety regulations
Transfer intent:
Intent to hurt a person and End up hurting someone else
Accomplist liability
1. Accessory b4 fact- provided assistance beforhand and liabile toevery crime committed by the principal (planned and foreseeable) unless discourage crime and aid in neutralize (snitch, ortryto stop )
- Accessory after the fact-not at the scene but provide assistance to get away after the crime
Inchoate crimes
- solicitation, conspiracy, attempt
Solitictation ask or encourage someone to commit a crime (merges to crime)
Conspiracy- conspire with a person to commit a crime (
Mpc-bi lateral, only need intent No overt act! Required so can voluntarily withdraw and won’t be liable
Common- unilateral approach and need an overt act in furtherance of the act. Also can withdraw by telling co conspirator,will still be liable for the crime but not the additional acts that was foreseeable acts
Attempt- intent and a commit the crime however
Mpc- substantial step
Common- dangerous propensity towards completion
*can be a defense because not legally impossible (legalimpossibility) but no defense if couldn’t complete because some fact made it Impossible)
Mergers
-solitication to completed crime
Crime against property- larceny, embezzlement, false pretenses, robbery
accomplist
Accomplist liability
1. Accessory b4 fact- provided assistance beforhand and liabile toevery crime committed by the principal (planned and foreseeable) unless discourage crime and aid in neutralize (snitch, ortryto stop )
- Accessory after the fact-not at the scene but provide assistance to get away after the crime
*To show that someone is a accomolist need to show
- To show that someone has personal stake in a crime (a accomplish) show that they are receiving a benefit from the crime
*Although an accessory cannot be convicted unless the principal is, have to figure out who really is the principal…will bend up being the principal if the accessory use a Incompetent person to commit the crime. (person who cant form the required mental state ie. intoxicated, insane …)
incoherant crimes
Inchoate crimes
- solicitation, conspiracy, attempt
Solitictation ask or encourage someone to commit a crime (merges to crime)
Conspiracy- conspire with a person to commit a crime (
Mpc-bi lateral, only need intent No overt act! Required so can voluntarily withdraw and won’t be liable
Common- unilateral approach and need an overt act in furtherance of the act. Also can withdraw by telling co conspirator,will still be liable for the crime but not the additional acts that was foreseeable acts
Attempt- intent and a commit the crime however
Mpc- substantial step
Common- dangerous propensity towards completion
*can be a defense because not legally impossible (legalimpossibility) but no defense if couldn’t complete because some fact made it Impossible)
murder v manslaughter
Murders
First-degree murder:
1. this is the intent to kill with premeditation and deliberation.
2. intent to inflict great bodily harm
3. reckless disregard of an extreme risk to human life (depraved heart murder).
requires an awareness and disregard of the risk of death
4. Felony murder: This applies to any killing that occurs during the commission of a felony, an attempt to commit a felony, or a flight from a felony.
- Manslaughters-
-Voluntary manslaughter: an intentional killing of a human being without malice aforethought
committed in the heat of passion due to adequate provocation. (No cool off time) - Involuntary manslaughter (misdemeanor manslaughter): The majority view is that the defendant must have acted “recklessly.”/ “gross negligenceThe defendant causes the death of another human being by engaging in conduct that creates an unreasonable risk of death or serious bodily injury.
requires that the defendant have a duty, that the defendant
breach the duty, that there be an injury and that the defendant must have caused the injury. ”(child neglect…failure to rescue when had a duty because of relationship)
*requires an
awareness and disregard of the risk of serious injury. *
general (bark)
*general intent
Meas Rea criminal negligence
Crimes:
1. Battery
2. Arson
2. Rape
3. kid napping
- Battery - intent to do the act
Crim batt- require force…also will turn to aggravated battery if have intent or the harm is serious or use orderly weapon - Arson - malicious (reckless) dwelling of another (Common law it has to be a dwelling/home …Mpc it can be a business, vehicle, etc)
- Rape
- Statutory rape deal with age
Common law rape- Unlawful;
* Sexual intercourse(requires penetration, however minimal);
* With afemale;
* Without consent; and
* Withforceorthreat of force - Kiddnapping- unlawful restrain of a person freedom by force
specfic crimes
- Specific intent;
-men’s rea purpose
Crimes:
1. first-degree murders(4), 2.intent to kill
3. assault,
4.coherent crimes,
5. property related crimes
6. Inchoate crimes - solicitation, conspiracy, attempt
specific intent crime (crimes againt prop)
1. Larceny -trespatory taken of another with intent
Ex: just had intent, touched and moved …dont have to have completed the intent so dont matter if change mind
Exception
1.a Continuing trespass- wrongfully take without my permission …not larceny its continuing tesspass because intent to steal come after I touched
Ie. Took wrong gold clubs
- Larceny by trick - get someone prop by false statement get someone prop by false statement (possession)
- False pretense -intent to deceit/fruad Have possession/ title (two way transaction) exception::: D really believe that the item is yours.
- Robbery- force/intimidation/fear when taking other person belonging
- Burglary- breaking and enter dwelling of another at night (need intent before breaking in) also breaking just need to be no permission
5.a Modern law(look for statute): don’t have to be a dwelling - Arson- malicious (reckless) dwelling of another (Common law it has to be a dwelling/home …Mpc it can be a business, vehicle, etc)
- Embezzelment- already had lawful possession (to borrow) but then I decide to keep it
- Receiving stolen prop- you know it was stolen, you have physical possession of the property, and you want to keep it.
- Forgery- fake gov docs with legal significant(counterfeit money, fake paystubs) have intent to make wrongful use
- Accomplist liability - specfic intent to achieve the crime before or during the crime, I am aiding you complete
- Accessory b4 the fact- I have intent to help you but I’m not at the scene of the crime
- Accessory after the fact- the act is already done (felony complete) accessory know its complete and now I’m aiding you avoid arrest or be convicted
strict liabilty crimes
Strict liability- Morality crimes (bigamy)
* Administrative crimes- safety
* Regulatory crimes- public health
* Statutory rape
Defenes
*
Generally, a person must be guilty of the crime then apply the defense.
defenses for specfic is capaity and justifications
D’s conduct wasjustifiedunder the particular facts of the case. Includes:
* Self-defense;
* Defense of others;
* Defense of property;
* Necessity;
* Duress;
* Crime prevention, arrest and to prevent escape; and
* Entrapment
other
-Non-deadly forceis justified if:
* D has areasonable beliefthat the property is inimminent danger;and
* D did not usemore forcethan what was necessary to prevent the interference
entrapmentdefense
Governmentdesignedthe crime andencouragedits commission; and
* D wasnot predisposedto commit the crime prior to engagement with law enforcement
Duress: The defendant commits a crime because there was a threat or use of force by another which caused a reasonable fear that, if the defendant did not perform the crime, either he or a third person would suffer imminent death or serious bodily injury.( cannot use duress as a defense to an intentional homicide “shot her or else I will shot your mom” not allowed as defense)
Insanity: The majority of states use the M’Naghten test. The defendant lacked the ability to know the wrongfulness of the actions or understand the nature and quality of his actions.
Ali test-Irresistible Impulse test
Looks at whether D knows right from wrong but isincapable of controlling his behavior.
Abandonment exception: generally once a person has performed sufficient acts to be criminally liable of an attempt, an abandonment of the criminal attempt would not be a defense. However, Mpc will count abandonment if fully voluntary(not because it is difficult to complete the crime or because was a risk of being caught) and it have to be a complete abandonment and not a postponement/can come back later to complete.
Commercial puffery vs. larceny by trick or false pretenses
The difference is knowing defrauding a person (knowing is showing that the defendant had notice of a high probability of the statements falsity and made a deliberate decision to avoid learning the truth. However, if the D believed the statement to be true even if unreasonable, then is not false pretenses
Intoxication - ingestion of an intoxicating substance (medication, alcohol…) this applies when you was just trying to get drunk then out of no where you decide to harm someone or you end up harming someone not even thinking
Voluntary intox-no defense you volunteer to get drunk …this comes up when you already had the intent to harm and you go have a drink to take away the nerves….cant use this defense already had the mens rea
Gen or specfic
Involuntary - someone drugged you
Mistake specific intent crim (word used in facts)
Mistake general crim will need to say reasonable mistake
Legal Impossibility
Elements of the crime were not met so not guilty
(Ie. Wanted to do arson but burned down your own house)
(Ie. Thought girl was under age and was really 21 so elements not met for rape)
Factual Impossibility
Thought was of age cuz ID said but still guilty because he did the act
Entrapment
Law enforcement start the crim activity and defendant is not predisposed (not familiar with the crime)
Self defense
Reasonable belief of imminent danger /with same force ..deadly is allowed if used against you
Defense of others
Reasonable belief of imminent danger /with same force ..deadly is allowed if used against you
Defense of prop
Reasonable force to defend your prop but not deadly unless think you are about to be killed
merging crimes
Merge
-Solicitation merges accomplist
Larceny merge to robbery if force
-Kidnapping exception- if the movement and restrictions is incidental to accomplish another crime or if kidnapping is brief… then it merges to the other crime
larceny to robbery
Dont merge
-conspiracy - so whenever you see 3 ppl its conspiracy plus the crim committed
diff between solititation and conspiracy
-both planning for a crime to committed but
- one merge one don’t (solit.merge)
- One will not be guilty if the other actor is found guilty or evidence is not sufficient in other, will still be guilty.
intervening acts that cause death
d’s liability depends on whether the person died before D’s act or after D’s act…..if b4, D not liable for murder on only attempt because they took a substantial step..… if after, D is liable
felony crimes BARRK
- Burglary, arson, robbery, rape, kid napping
co- D’s
Co-felons are liable for deaths during the felony as long as the death wasreasonably foreseeable.This includes liability for deaths caused by police officers, bystanders, or others
differences
Battery:bodily harm or offensive touching
Assault:attemptedbattery or act that places V in fear ofimmediate harm(no touching required)
Solicitation: mereencouragement or inticement(dont need the other party to agree that’s conspiracy)
Accomplist-
* Aids, abets, or encouragesprincipal to commit a crime;
* With theintent to assistthe principal; and
* With theintent for the principal to commit the crime
Solicitation
mereencouragement or inticement(
Co D, con separators, accomplists(asist or encourage),
Common law - Withdrawal, but if D:
* Makes it clear to parties he is withdrawing andrenouncing prior aid;
* Doeseverything possibleto counter prior aid; and
* Does sobeforethe chain of events is set in motion and unstoppable
Mpc- requires you to snitch or try to stop the crim yourself
______________
False imprisonment vs kiddnapping
False imp.
* Unlawful;
* Confinementof V;
* Without V’sconsent
Kid nap - Unlawful;
* Confinementof V;
* Against V’s will; and
* V is eithermovedorhidden (even if a few feet)
___________
Statutory rape deal with sex with age
Common law rape- deals with just having no consent Unlawful;
* Sexual intercourse(requires penetration, however minimal);
* With afemale;
* Without consent; and
* Withforceorthreat of force
_______
theft by false pretensesfromlarceny by trick
Theft by false pretenses: D gainspossessionANDtitleof the object
Larceny by trick: D only gainspossessionof the object
_________-
robberyandextortion
Robbery: threat ofimmediateharm & Extortion: threat offutureharm
