Crim Law Flashcards
Jurisdiction
Act constituting an element of the offense was committed in the state
or
caused a result in the state
Merger
Common law
- misdemeanor merges into the felony
Modern law
-cannot be convicted of both solicitation and completed crime or attempt and completed crim
MPC
- cannot be convicted of more than one inchoate crime (attempt, conspiracy, soliciation)
Felony v Misdemeanor
Felony - punishable by death or prison for more than one year
Misdemeanor - less than or equal to one year
Elements of a crime
Physical act (actus reus)
Mental state (mens rea)
concurrence of the act and mental state
Physical Act
Voluntary act or failure to act when there is a legal duty
legal duty
-statute
-contract
-relationship
-voluntary assumption of care
-defendant created the peril
Specific intent
Important because 2 additional defenses
- involuntary intoxication
- unreasonable mistake of fact
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
- Solicitation
- Conspiracy
- Attempt
- First degree murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
Malice
Common law murder and arson
- reckless disregard for an obvious or high risk that the particular harmful result will occur
MPC fault (subjective)
Purposely
-conscious object to engage in certain conduct or cause certain result
Knowingly
- aware that conduct is of a particular nature or will cause a particular result
Recklessly
-conscious disregard of a substantial and unjustified risk
Negligence (objective)
- failed to be aware of a substantial and unjustified risk
Transferred intent
Intend the harm that was caused, but to a different victim or object
homicide, battery, arson
Accomplice parties
common law
-principals in the first - actually engaged
-principals in the second - aid, advised, or encouraged and were present
-accessories before the fact - assisted and encouraged but were not present
-accessories after the fact - knowledge of felony and assisted in escape
Modern
-principal - actually engages
-accomplice - aids, advises, encourages
Accomplice liability
1) intent to asset principal
2) intent that principal commit the crime
mere knowledge that a crime will result is not enough unless have a stake in the venture
liable for their crime and all other probable and foreseeable crimes committed
Withdrawal
- has to be before the crime becomes unstoppable
-must repudiate encouragement, attempt to neutralize assistance, notify police, or take other action to prevent
Conspiracy
1) agreement
2) intent to enter into the agreement
3) an intent to achieve the objective
Modern - unilateral approach
- one party needs criminal intnet
traditional - bilateral approach
- two guilty minds
common law - act complete when agreement made
majority - overt act in furtherance, act of mere preparation is enough
liable for others crimes - in furtherance and foreseeable
defenses
- no withdrawal but can be a defense to future crimes made in furtherance - notify all members in time for them to abandon, neutralize assistance
Solicitation
Asking, inciting, counseling, advising, urging, or commanding another to commit a crime with the intent that the person commits the crime
- if agree, becomes conspiracy
defenses
- mpc recognizes renunciation if it prevents the commission
Attempt
intent to comity a crime that falls short of completion
specific intent + overt act beyond mere preparation
traditionally - proximity test 0 dangerously close to successful completion
mpc - substantial step
defenses
-abandonment - not at common law
mpc - fully voluntary and complete abandonment
-legal impossibility - not a crime
Common law murder
Malice aforethought
- no facts reducing to voluntary manslaughter and no excuse
and
state of mind
- intent to kill
- intent to inflict great bodily injury
- reckless indifference to an unjustifiably high risk to human life
- intent to commit a felony
Statutory Murder
First degree
- deliberate and premeditated - intent or knowledge that conduct would cause death
First degree felony murder
- killing during commission of an enumerated felony
- generally burglary, arson, rape, robbery, kidnapping
Second degree
- reckless indifference to an unjustifiable high risk of human life
- any others that do not fall under first
Felony murder
death caused in the commission or in attempt to commit felony
limitation
- defense to felony is a defense to the murder
- felony must be distinct from murder
- death must be foreseeable result of felony
- death must have been caused before the defendant’s immediate flight
- generally, not liable under felony murder when co-felon is killed as a result of resistance
Proximate cause theory - liable for deaths of innocent victims caused by someone other than co felon
agency theory - liable for deaths committed by felon or agent