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
Voluntary manslaughter
existence of adequate provocation
- provocation would arouse sudden and intense passion in mind of ordinary person
- D was in fact provoked
- no time to cool off
- did not cool off
imperfect self defense
1) d was at fault in starting altercation
2) d unreasonably but honestly believed in the necessity of using deadly force
Involuntary manslaughter
with criminal negligence (recklessness under mpc) or in some states, during the commission of an unlawful act that is not within the felony murder rule
substantial risk of death compared to high risk in murder
Assault
attempt to commit battery or intentional creation of a reasonable apprehension of imminent bodily harm - more than mere words
specific intent
aggravated
- deadly weapon
- intent to rape, maim, or murder
Battery
unlawful application of force resulting in bodily injury or offensive touching
general intent
aggravated
- deadly weapon
-serious bodily injury
-child, woman, police officer
False imprisonment
unlawful confinement without consent
mpc- must interfere substantially with the victim’s liberty
Kidnapping
unlawful confinement involving some movement of the victim or concealment of the victim in a secret place
aggravated
-for ransom
-to commit another crim
-for offensive purpose
-of a child
Rape
slightest penetration without consent
common law and mpc - husband cannot rape - most states reject this rule
Larceny
a taking and carrying away of tangible personal property of another in custody of possession by trespass with intent to permanently deprive at the time of taking
not larceny if belief it is yours or have right to it
continued trespass
-take with intent to borrow then end up keeping - larceny
- taking not wrongful (think it is yours) then decide to keep - not larceny
Embezzlement
Fraudulent conversion of personal property of another by a person in lawful possession of that property
-does not require carrying away, just possession
-embezzler does not have to get the benefit
-not embezzlement if there is a claim of right
False Pretenses
Obtaining title to personal property of another by an intention false statement or past or existing fact within intent to defraud
- mpc allows false promise to perform in future
Larceny by trick
tricked into giving up custody or possession
contrast with false pretenses - tricked into giving up title
Robbery
Taking of personal property from the other’s person or presence by force of threats of immediate death or physical injury with the intent to permanently deprive them
Extortion
Common law - corrupt collection of an unlawful fee by an officer under color of office
modern - obtaining property by means of threats to do harm or expose information - blackmail
contrast with robbery - extortion is threat of future harm and does not have to be in the presence of the victim, robbery is threat of immediate harm
Receipt of stolen property
receiving possession and control of stolen person property known to have been obtained unlawfully, by another person with the intent to permanently deprive
stolen at the time D receives it
Forgery
making or altering a writing with apparent legal significance so that it is false with the intent to defraud
Burglary
Breaking and entry of a dwelling of another at night with the intent to commit a felony at the time of breaking and entering
Arson
malicious burning of the dwelling or structure of another
damage required - charring sufficient
intentional or reckless disregard of an obvious risk
Insanity
Mental illness resulting in acquittal
MNaghten - right wrong test
- does not know right from wrong or does not understand his action
irresistible impulse test - self control test
- impulse D cannot resist
Durham test - products test
- but for the mental illness, d would not have done the act
ALI/MPC
- combination of MNaughten and irresistible impulse
Intoxication
When intoxication negates one of the elements of the crime
voluntary
- defense to specific intent
- not defense to general intent or malice
Involuntary
- can be a defense to all crimes
- treat like insanity
Infancy
CL
under 7 - no liability
7-14 - rebuttable presumption that unable to understand wrongfulness
14+ - treated as adults
Modern
no child can be convicted under 13 or 14 for adult crimes
can be delinquent
Self Defense
Nondeadly
- reasonable believes is necessary to protect from imminent use of unlawful force
- no duty to retreat
deadly force
- without fault confronted with unlawful force and reasonable believe threat of imminent death or great bodily harm
- minority duty to retreat unless in own home, attack during lawful arrest, or robbery
Right of aggressor to use self defense
must effectively withdraw and communicate desire to do so or victim suddenly escalate and initial aggressor has no chance to withdraw
Defense of dwelling
only nondeadly force
deadly only if personal attack
Entrapment
Intent originated with law enforcement officers and the D was no predisposed to commit prior to contact by government
Perjury
intentional taking of a false oath in regard to a material matter in a judicial proceeding
subordination of perjury - procuring or inducing another to commit perjury
