Crim Law Flashcards
There’s federal jurisdiction to prosecute criminals if
(1) the crime occurs anywhere in the US
(2) the crime occurs on ships and planes, or
(3) the crime is committed by a US national abroad
State jurisdiction for criminal law is limited to
(1) A crime that occurs in whole or in part in the state,
(2) Conduct outside the state which attempts to commit a crime in the state, or
(3) A conspiracy to commit a crime if an overt act occurs within the state
Think: Nexus with state
Actus reus requires
(1) Voluntary, physical act OR
(2) Failure to act (e.g. given statutory duty or special relationship)
Common Law Mens Rea crimes
(1) Specific Intent
(2) Malice
(3) General Intent
(4) Strict Liability
Specific Intent Mens Rea + Crimes (Common Law)
Actus reus committed for the very purpose of causing the result
(1) First-degree murder
(2) Inchoate Crimes
(3) Assault with attempt to commit battery
(4) Theft offenses
Inchoate Crimes include
Conspiracy, Attempt, Solicitation
Theft offenses include
Larceny, embezzlement, forgery, burglary, robbery
Mens Rea for Malice + Crimes (Common Law)
Defendant acts in reckless disregard for high degree of harm
(1) Arson
(2) Murder
Mens Rea for General-Intent + Crimes (Common law)
Intent to perform an act that is unlawful. Done knowingly, recklessly, or negligently
(1) Battery
(2) Kidnapping
(3) Rape
(4) False imprisonment
Note: Most commonly tested are Battery and Manslaughter
Mens Rea in MPC
(1) Purpose
(2) Knowledge
(3) Recklessness
(4) Negligence
Mens rea for Purpose (MPC)
Defendant’s conscious objective is to engage in conduct OR cause a certain result
Mens rea for Knowledge (MPC)
Defendant is aware that
(1) Conduct is of nature required to commit a crime, and
(2) The result is practically certain to occur from this conduct
Mens rea for Recklessness
Defendant acts with conscious disregard of a substantial and unjustifiable risk (gross deviation from standard of reasonable person)
Mens rea for Negligently
Defendant should be aware of a substantial and unjustifiable risk
Transferred Intent Doctrine only applies to
completed crimes (not attempted crimes) and only to Homicide, Battery, Arson (NOT attempt)
Merger of crimes is applicable to
(1) Lesser-included offenses, and
(2) Inchoate crime and completed offenses
Lesser Included Offenses merge because
Offense 2 has all the elements of Offense 1 plus something additional (e.g. Robbery + Larceny)
Merger of Inchoate and Completed offenses means a defendant
Cannot be convicted of
-Attempt and Completion of a crime
-Solicitation and Completion of a crime
BUT CAN be convicted of both:
-Conspiracy and Completion of a crime
Culpability of children under common law
Under 7 years old, not capable
7-13 years old, rebuttable presumption to be incapable
14+ can be charged as adults
Principals are defendants whose
Actions or omissions form actus reus of the time
Accomplices are people who
Assist the principal either before or during the commission of a crime with intent to assist / see the crime be completed
Note: mere knowledge a party intends to commit a crime is not enough to make a person an accomplice
(bystanders cannot be accomplices)
Liability for criminal acts extends to
the planned crime and any other foreseeable crime that may occur in the course of the criminal act
A person protected by statute cannot be
an accomplice in violating the statute
Accessories after the fact are
individuals who assist the defendant after the crime has been committed (cannot be convicted of underlying crime but are guilty of separate crime)
Mental States of Accomplices (MPC)
Majority - Purpose to promote / facilitate and intent to assist or encourage criminal conduct
Minority - Intentionally or knowingly aids or causes another person to commit a crime
Mistake of law goes to issues concerning
what the law forbids and what it permits (ignorance of law is no excuse)
Exceptions to mistake of law
(1) Reliance on high-level government interpretations
(2) Lack of notice
(3) Mistake of law that goes to an element of specific intent & negates requisite mens rea (think as applied to FIAT / specific-intent crimes)
Mistake of fact is
(1) never a defense to strict liability crimes
(2) A defense to general-intent crimes only if reasonable and goes to criminal intent
(3) A defense to specific-intent crimes regardless of reasonable or unreasonable
Tests of Insanity
(1) M’naghten test: D did not know nature of act or did not know it was wrong b/c mental disease or defect
(2) Irresistible Impulse: D prevented from controlling self b/c mental defect
(3) Durham Rule: But-for rule
(4) MPC: Due to mental disease/defect, D did not have substantial capacity to appreciate wrongfulness OR conform conduct to law
Involuntary intoxication is a defense to
general intent, specific intent and malice crimes when it negates mens rea necessary for the crime
Voluntary intoxication is only a defense to
specific intent crimes if it prevented D from forming mens rea (can’t get intoxicated in ORDER to commit crime)
Elements of Common Law conspiracy
(1) An agreement
(2) Between 2 or more people
(3) To commit unlawful act
Conspiracy becomes committed crime at time of agreement
Elements of Modern/MPC conspiracy
Agreement (explicit or implicit) to commit unlawful act (can be 1 person) + Overt act in furtherance of conspiracy
Scope of conviction for conspiracy (Common Law)
Each co-conspirator can be convicted of (1) Conspiracy and (2) All substantive crimes committed in furtherance of the conspiracy
Forms of co-conspiracy liability
(1) Chain Conspiracy: Each participant is liable for subsequent crimes of co-conspirators (e.g. distribute drugs)
(2) Spoke-Hub Conspiracy: Participants are not liable for substantive crimes of co-conspirators b/c each spoke is treated as separate agreement
Withdrawal from a conspiracy
(1) Under Common law impossible b/c crime committed the moment the agreement is made
(2) Under Federal/MPC can withdraw prior to commission of overt act by communicating intent to withdraw or informing law enforcement
Note: After overt act has been taken, can withdraw by helping law enforcement thwart success
Requirements for Attempt
(1) Specific intent to commit particular act, and
(2) Substantial step towards perpetrating
Note: Attempt is a specific intent crime even when completed offense is only general intent
Requirements for Solicitation
Intentionally invites, requests, or commands another person to commit a crime
If there’s agreement, this makes it conspiracy
If crime is completed solicitation will merge into completed offense
Homicide requires
(1) the killing of a living human being by another human being, and
(2) Actual and Proximate causation (but-for & foreseeability)
First-degree murder is
deliberate and pre-meditated killing (specific intent-crime)
Types of Common Law murder (malice aforethought)
(1) Intent to kill
(2) Intent to inflict serious bodily harm
(3) Abandoned or malignant heart or depraved heart
(4) Felony murder (during BARRK)
BARRK Felonies are
Burglary, Arson, Robbery, Rape, Kidnapping
Felony murder is applicable to
(1) Someone who resists the felony
(2) When a bystander is killed during a felony
(3) When a third-person is killed by the resister or police officer (minority of jurisdictions)
(4) Killing of co-felon by resister or police officer (in minority of jurisdictions)
Note: killing of a co-felon by the defendant (another co-felon) will support a felony-murder conviction
Types of manslaughter
Voluntary and involuntary
Manslaughter = murder that are not first degree or common law murder
Voluntary Manslaughter may be applicable if the defendant acted
in the heat of passion or under extreme emotional disturbance (as applied to a reasonable person)
(Imperfect self defense also equals voluntary manslaughter)
Involuntary manslaughter may be applicable if the defendant acted
negligently in killing someone or killing someone while committing a crime other than a BARRK felony (e.g. misdemeanor manslaughter)
Elements of Larceny
(1) Taking (any movement)
(2) Of another’s property
(3) without consent, and
(4) With intent to deprive him of it permanently
Note: Larceny by TRICK results in obtaining POSSESSION through known misrepresentation
Is larceny a specific-intent crime?
Yes (T in FIAT)
Embezzlement is a variation of larceny which differs in that
the defendant starts out having victim’s consent to have property but then converts property to defendant’s own personal use
False pretenses is another form of larceny in which
defendant obtains TITLE to someone else’s property through an act of deception
Robbery can be defined as
Taking of another’s property without his consent with the intent to deprive him of it permanently (larceny) and the taking occurs from the victim’s person or in his presence either by violence or putting victim in fear of imminent harm (e.g. fear, force, or intimidation)
Think: Larceny + assault
Extortion is
a variation of robbery where there is a threat of future harm
Note: must actually receive possession (complete crime) in order to be guilty
Elements of Common Law burglary
(1) Breaking and
(2) Entering
(3) the dwelling
(4) of another
(5) at night
(6) with the intent to commit a felony once inside
Modern burglary has changed the elements in that
it is property (not necessary dwelling) of another and need not be at night
Note: Cannot burglarize self
“Breaking” in the context of a burglary requires
pushing open or smashing a door or window, or obtaining entry by fraud
Battery is
the unlawful application of force to another person that causes bodily harm or offensive touching
AND
A general intent crime so unreasonable mistake of fact / voluntary intoxication are not defenses
Assault is
(1) Attempted battery (specific intent)
(2) Intentionally placing another in fear of imminent bodily harm (general intent)
Under the modern trend, rape is
gender neutral and concerns lack of consent.
General intent crime (voluntary intoxication cannot be used as a defense)
Elements of kidnapping
(1) Unlawful
(2) Confinement of another person
(3) Against the person’s will
(4) Either by moving or hiding the victim
Elements of Arson
(1) Malicious
(2) Burning
(3) Of another person’s
(4) Dwelling
Note: Modern trend is to relax standard, and Arson is malicious burning of any dwelling or commercial building even if there’s no structural damage or fire was caused by explosion
Perjury is the
Willful act of falsely promising to tell the truth either verbally or in writing
Requires:
(1) Knowledge that person is saying is something false
(2) Intent to say something that is false
(3) Falsity must go to a MATERIAL matter
Subornation of Perjury is when
A person persuades someone else to commit perjury (e.g. paying someone to testify)
Bribery is
Under Common Law:
(1) Corrupt payment made for purposes of influencing an official in discharging of official duties
Modern law
(2) Does not need to be a public official (e.g. corporate execs)
Offering and receiving a bribe are BOTH felonies
Non-deadly force may be used when
victim reasonably fears imminent unlawful harm
Deadly force may be used when
victim reasonably believes deadly force (or serious bodily injury under MPC) will be used against him
Duress is a defense when
the defendant committed a crime only because he was threatened by a third party and reasonably believe that the only way to avoid death or serious injury to self or others was to commit crime
Applicable to all crimes except intentional murder
Necessity is a defense when in response to
Natural forces
There is no duty to retreat before using deadly force in self-defense in
the majority of jurisdictions, and when inside one’s home
A defendant who has taken a substantial step in the attempt of a crime may not
legally abandon (or withdraw from) the attempt due to a change of heart or fear of apprehension
Unreasonable (though genuine belief it was needed) use of force which results in death results in
voluntary manslaughter (not murder)
Think: imperfect self-defense
Parent neglecting a child for religious reasons which leads to the child’s death results in
involuntary manslaughter
Possession offenses require proof that the defendant
(1) knowingly received an illegal item or
(2) exercised dominion and control over the item after learning of its illegal character
Possession offenses require proof that the defendant
(1) knowingly received an illegal item or
(2) exercised dominion and control over the item after learning of its illegal character
“Breaking” in the context of burglary can still be met if the defendant had consent to enter the dwelling if
the defendant enters another part of the dwelling structure without consent (e.g. opening closet door or wall safe)
A person cannot be convicted of solicitation if
(1) the solicited crime requires more than one participant
(2) the criminal statute imposes liability on one participant, and
(3) the soliciting party is the type of person the law was enacted to protect
An accomplice’s intent to aid the principal can be inferred when the accomplice
(1) provides highly specialized goods or services
(2) receives unusually large profits from a sale (or agreement like renting to someone engaged in gambling)
(3) has some greater interest in the crime’s success
The use of physical force in the exercise of parental authority by a parent or person in charge of a child is
justified if exercised for the benefit of a minor-aged child
Criminal assault occurs when a defendant
(1) attempts to commit a battery or
(2) intentionally places another in reasonable apprehension of imminent harmful or offensive contact.
The Pinkerton Rule holds all conspirators liable for
any foreseeable crimes committed by a coconspirator in furtherance of the conspiracy—regardless of whether they had knowledge of those crimes
At common law, a conspirator cannot be convicted of a conspiracy if
all other co-conspirators are acquitted at the SAME trial
A person cannot commit larceny by taking property freely given by another even if
the person was unaware of the fact the property was being freely given
Bigamy is a
strict liability crime (mistake of fact is NOT a defense)
Fraud in the inducement occurs when fraud is used to
gain consent to what the victim knows is an act of sexual intercourse and does not negate the victim’s consent (V knows she’s consenting to sex)
(compare with Fraud in facum - which covers fraud regarding the nature of the act itself e.g. convincing V sex is part of medical exam - which does negate consent)
Criminal negligence is
grossly negligent action that puts another person at a significant risk of bodily injury or death
OR
Gross deviation from standard of conduct of a law-abiding citizen
(involuntary manslaughter)
-Causal connection between reckless conduct / unlawful act and death
Simple battery may become aggravated battery (a felony) when
(1) D causes serious bodily injury
(2) D uses a deadly weapon in intended manner
(3) Victim is specially protected (e.g. child, woman, police)
Simple assault may become aggravated assault (a felony) when
(1) D acts with intent to commit a violent crime (e.g. rape or murder)
(2) D uses a dangerous weapon, or
(3) Victim is specially protected
Forgery requires the creation or altering of a writing with
apparent legal significance so that it is false and using it with intent to defraud
An initial aggressor may regain the right of self-defense upon
(1) complete withdrawal perceived by the other party, or
(2) Escalation of force by the victim of the initial aggression
Under the agency theory of felony murder (majority rule), a defendant is responsible for
deaths proximately caused by himself or co-felons during the commission or attempted commission of an inherently dangerous felony - but not for deaths caused by others
Compare with Proximate Cause theory (minority) which would hold co-felons liable
Under the modern approach, an accomplice may be held liable even if
the principal is not found criminally liable
When a statute does not specify the requisite mens rea, the minimum required mental state according to the MPC is
recklessness (conscious disregard of a substantial and unjustified risk)
A crime is more likely to be a strict liability crime if
the crime comes with relatively light penalties (e.g. fines only) and are regulatory in nature (relate to public health and safety)
Conversion, in the context of embezzlement, is
the inappropriate use of the property of another (which was lawfully given) which causes a serious interference with the owner’s rights to the property
Stolen property is property that is
obtained through false pretenses, larceny, or embezzlement
To be guilty of receiving stolen property, the defendant must
receive control of stolen property, know that the property is stolen, and intend to permanently deprive the owner of the property
Some jurisdictions: require actual, subjective knowledge
Other jurisdictions: permit knowledge by inference
Vicarious liability may be properly applied to strict-liability regulatory crimes when
the punishment is limited to fines (jail time would violate due process)
Impossibility is not a defense to attempt if
the crime attempted is factually impossible to commit due to circumstances unknown to the defendant
Note: think stat rape (still can be convicted of attempt even if person is over 18 but defendant thought they were under)
When a defendant sets in motion forces that lead to the death of the victim, the defendant is
the actual cause of the victim’s death
An act that accelerates impending death is
a legal cause (aka proximate cause) of the death
Entrapment requires
participation by a government agent
Under the Model Penal Code, a defendant may be concurrently prosecuted for, but not convicted of,
more than one inchoate offense (conspiracy, attempt, solicitation) based on conduct designed to culminate in the commission of the same crime
Threat of damage to property is insufficient to be guilty of
robbery (must be threat of seriously physical injury to a victim, close family member, or another person present)
Larceny, assault, and battery all merge into
completed offenses OR attempted offenses (e.g. assault would merge into attempted robbery)
Malice crimes require
knowledge of or recklessness for a particular result
E.g. know with (1) practical certainty or (2) conscious disregard of unjustifiable harm that a particular outcome would occur
An honest mistake concerning a claim of right cannot serve as a justification for
robbery in most states (but it CAN serve as defense to larceny)
An accomplice (intentionally aiding or encouraging another with intent that a crime be completed) can be convicted of
the encouraged crime and ANY crimes that occur as a foreseeable consequence thereof
Under the doctrine of transferred provocation, when a defendant accidentally kills the wrong person, he will be guilty of
whatever crime he would have been guilty of had he killed the intended person
An attempted offense and the conspiracy to commit that offense are not the same offense for double-jeopardy purposes because
each requires proof of different elements
Common law larceny does not apply to
real property
When the crime committed by the principal only requires the principal to act recklessly or negligently (e.g., involuntary manslaughter), a person may be an accomplice to that crime under the majority rule if
the person merely acts recklessly or negligently with regard the principal’s commission of the crime, rather than purposefully or intentionally
A party is guilty of larceny if they find lost or misplaced property and
(1) knows the identity of the owner or has reason to believe they can determine who owner is,
(2) takes and carries away the property, and
(3) specifically intends to permanently deprive the owner of it
