Crim Law Flashcards
Homicide
An act that caused someone’s death. Either through murder or manslaughter.
Murder types
Intent to kill, intent to cause serious bodily injury, felony murder and depraved heart
Intent to kill
This is the “premeditated murder.” There has to be the specific intent to kill
Intent to cause serious bodily injury
There was an intent to commit serious bodily injury which result in death
Felony murder
A death resulting from the commission of a dangerous felony
Felonies for felony murder (BARRK)
Burglary, arson, rape, robbery, and kidnapping
Depraved Heart
Reckless disregard of human life (NO INTENT)
Reckless vs. Negligent
Reckless = knew or should have known that people were present and could die (malice)
Negligent = No presence of people
Manslaughter Types
Voluntary manslaughter and involuntary manslaughter
Voluntary Manslaughter elements
Provocation, heat of passion, and no time to cool off
Involuntary manslaughter
Negligent conduct that caused a death
Inchoate crimes
Attempt, conspiracy, and solicitation
Attempt Elements
(1) intent to commit crime and (2) took substantial step to commit crime
Attempt Merger
Attempt merges into crime. Once crime has been committed, you will only be charged for the committing of the crime, not the attempt.
Conspiracy
2+ people agree to commit a crime with the specific intent to do so
If one of the parties does not have intent, there is no conspiracy UNLESS
MPC-Unilateral theory of conspiracy applies, under which one person on their own will be guilty of conspiracy if they have gained the intent to commit the crime
Co-Conspirator Rule
Any crime committed by one of the conspiring parties will mean guilt for both parties if the crime was committed in furtherance of the conspiracy (if it was foreseeable)
Withdrawal, generally
You cannot withdraw from the crime of conspiracy
Withdrawal, exception
You will always be guilty of conspiracy, but you can withdraw from the crimes that you were conspiring to commit as long as you provide notice to police or the other conspiring party
Solicitation
Offering, enticing, or encouraging a person to commit a crime with the intent that the other person do so
Burglary elements
breaking and entering, the dwelling of another, at night, with intent to commit a felony
What is considered “breaking”?
Opening or enlarging an opening
What is considered “entering”?
Any part of your body crossing the threshold
What about intent in burglaries?
No need to commit the actual felony, but there needs to be intent to commit felony while breaking and entering
Larceny
Trespassory taking away of personal property with intent to permanently deprive
What is considered “taking away”?
Touching and slightly moving with intent to steal
Intent to permanently deprive
When one takes property with the intent to return it, and later keeps it, larceny arises at the moment that the defendant decides not to return the property
If someone believes, even if mistakenly, that the property belongs to someone who is authorizing them to take it?
The intent to deprive required for larceny does not exist
Robbery
Intentionally taking away personal property with force or intimidation
If the person is not actually intimidated or there is no force, then
It is not a robbery
Assault
Intent to commit a battery OR place another in imminent apprehension
Words alone are not enough
There must be evidence that you can follow through with your threats
Larceny by Trick
Taking possession via misrepresentation of fact
False Pretenses
Obtaining title via misrepresentation of fact
Embezzlement
Initially in possession with permission, then convert to own use
Example of embezzlement
Misappropriation of client funds
Accomplice Liability/Accessory before the fact
Aid, abet, or help someone commit a crime
If underlying crime is committed, the accomplice
will be guilty of underlying crime committed
Accessory after the fact
Person knows of the crime that was committed and does something to stop arrest or conviction
Accessory after the fact and knowledge
Knowledge of crime, or not calling cops, is not enough, they need to actually help to evade conviction
General Intent crimes, generally
Everything is specific intent except (1) Battery, (2) arson, (3) rape, (4) kidnapping, (5) voluntary manslaughter, (6) involuntary manslaughter, and (7) depraved heart murder.
Battery
Unlawful application of force without permission
Arson
Malicious burning of the dwelling of another
Arson knowledge
No intent necessary, but you knew or should have known a fire could result
Rape
If you committed the crime, you are guilty whether you intended to commit the rape or not
Kidnapping
If you committed the crime, you are guilty whether you intended to commit the kidnapping or not
Defenses to general and specific intent crimes
Intoxication, Insanity, Mistake, Impossibility
Intoxication
Applies to specific intent crimes only
Insanity
You cannot appreciate the nature and quality of what you did because you do not know it is wrong
Mistake in Specific Intent
Any mistake, whether reasonable or not, will be a reasonable defense
Mistake in General Intent
You have to prove mistake was reasonable for it to be a reasonable defense
Legal Impossibility
No matter what I did, it does not amount to a crime because it does not meet the elements
Factual Impossibility
The facts were not what I thought, but I still committed the crime
Legal impossibility vs. factual impossibility
Legal impossibility is always a defense (b/c no crime was committed) and factual impossibility is never a defense (b/c crime was committed)
