Crim Law Flashcards
actus reus
voluntary act or omission to perform an act required by law
Sources of a duty to act
- statute or regulation imposing a duty to act
- special relationship
Mens rea
guilty mind. Mental state in committing a crime
general intent crime
intended to perform the prohibited act but the defendant need not to have intended the specific result
Specific intent
intent to perform the prohibited act combined with intent to bring about the prohibited result
purposely
conscious objective to behave in a way to cause a result
knowingly
aware that one’s conduct is practically certain to produce a result
recklessly
conscious disregard for a substantial and unjustifiable risk
negligently
person should be aware of a substantial and unjustifiable risk
concurrence
person must have the necessary mens rea at the time of actus reus
Mistake of fact defense
allows a defendant to escape liability if the mistake is reasonable and negates the required mens rea
mistake of law defense
usually not valid unless
1. D reasonably relied on a statute or court decision that is later held invalid
2. D reasonably relied on an official interpretation of the law by a government agency
3. OR if the law has not been generally published or otherwise made available
Impossibility defense
defendant has a criminal objective but some fact or circumstance unknown to the defendant would prevent the defendant from completing the target offense
Voluntary Intoxication defense
allows a defendant to escape liability if his intoxication negates any element to a crime
Involuntary intoxication defense
applies if D was
1. tricked into taking drugs
2. coerced into drugs
3. mistakenly takes drugs
4. took prescription without knowledge of side effects
Requires Defendant to either
1. not know the nature or quality of their actions OR
2. not knowing what they are doing is wrong
Diminished capacity defense
because of some mental disorder or condition, defendant was unable to form a mens rea of specific intent or some higher level mental state required to commit a crime
Insanity
requires defendant to be unable to 1) appreciate and understand the nature of the charges and proceedings and 2) rationally assist defense counsel in defending the case
M’Naghten insanity test
as a result of a mental disease or defect
1. defendant did not know the nature or quality of their actions OR
2. he did not know what he was doing was wrong
MPC insanity test
as a result of a mental disease or defect the defendant lacks capacity to 1.appreciate the wrongfulness of their conduct OR
2. conform their conduct to the requirements of the law
Necessity defense
- defendant committed the crime to prevent an imminent and substantial harm
- there was no reasonable alternative course of action available AND
- the harm caused was less than the harm avoided
Self defense
a person may use force in self defense if
1. he actually and reasonably believes
2. that the force is necessary
3. to protect himself from the imminent use of unlawful force by another person
What force can someone use in self defense
no more force than necessary to resist another’s use of unlawful force
Duty to retreat
a defendant must retreat before using deadly force if they can retreat with reasonable safety. (Unless they are in their own home; castle doctrine )
Defense of Others
same as self defense but for other people
Defense of property
a person may use non deadly force to defend property if
1. the force is reasonably necessary
2. to prevent imminent
3. and unlawful interference
4. with real or personal property
5. that is in defendant’s possession
hot pursuit doctrine
if defendant’s property was just taken and perp is fleeing, defendant may pursue the perp and use reasonable force to recover property
Can a defendant use deadly force to defend property?
No unless
1. the theft is accompanied by threat of deadly force OR
2. the person is defending their home
Durress
duress is a defense if the defendant acts
1. under imminent threat of death or serious bodily injury
2. to himself or another and
3. reasonably that the harm will occur if the defendant does not perform the criminal act
Only applies if defendant has no reasonable alternative
common law murder
- the unlawful killing
- of a living person
- with malice aforethought
Malice aforethought
- intent to kill
- intent to cause serious bodily harm
- reckless indifference to human life (Depraved heart)
First Degree murder
- killing with malice aforethought and premeditation and deliberation
- a killing committed by torture, chemical weapons, or bombing
- OR felony murder
Premeditation
defendant fully forms the specific intent to kill
deliberation
defendant reaches the decision to kill after reflecting on the nature of the act and its likely consequences
Second degree murder
killing with malice aforethought
Felony murder elements
- inherently dangerous felony
- death occurs in furtherance of the felony, during the time of the felony, or while fleeing
- the death must be a foreseeable consequence of the underlying felony
Felony murder
holds defendants liable for deaths occurring during the course of an inherently dangerous felony
Felony murder merger doctrine
Murder must be distinct from the underlying felony. If a felony requires serious bodily harm or imminent threat of bodily harm, then it cannot support felony murder
Voluntary manslaughter
- the intentional killing of a human being
- in the heat of a sudden and intense emotional state
- generated by an adequate provocation
- if the killing occurs before a reasonable cooling off period has elapsed
adequate provocation
provocation that would arouse the passions of a reasonable person beyond her ability to control
criminal negligence manslaughter
actually and proximately causing another’s death without malice aforethought but under circumstances manifesting a grossly unreasonable disregard of a foreseeable and unreasonable probability of death
unlawful act manslaughter
death resulting from the commission of a misdemeanor or non dangerous felony
MPC Manslaughter
homicide committed
1. recklessly and without circumstances manifesting extreme indifference to the value of human life OR
2. under the influence of extreme mental or emotional disturbance, provided there is a reasonable explanation for the disturbance
MPC Negligent homicide
- defendant fails to perceive a substantial and unjustifiable risk that someone will die due to their conduct and
- the failure is a gross deviation from the standard of care that a reasonable person would observe in the same situation
larceny
- the trespassory
- taking and
- carry away of
- the personal property
- of another
- with the intent to deprive the owner permanently of the property
taking RE Larceny
defendant exercises control over the property
trespassory RE larceny
taken from another’s possession without privilege or consent
Can it be larceny if the property is illegal?
Yes
Continual taking RE Larceny
- defendant commits a trespassory taking
- WITHOUT the intent to deprive permanently
- but later forms the intent to deprive
THIS WILL COUNT AS LARCENY
Embezzlement
- fraudulent
- conversion
- of property
- of another
- by a person who lawfully possesses the property
False pretenses
- obtaining title
- to property of another
- through a knowing misrepresentation of a past or present fact
- with the intent to defraud
Receiving stolen property
- the receipt of property that was in fact stolen
- with knowledge that the property was stolen
- and with intent to deprive the owner of the property
Forgery
- creating or altering a document of apparent legal efficacy so that it is not what it purports to be
- with the intent to defraud
Extortion
- obtaining or attempting to obtain
- property or some financial benefit
- by threatening the victim with some future harm
Robbery
Larceny PLUS
1. property is taken from the person or presence of another
2. by force or intimidation
Is theft from a sleeping or unconscious person robbery?
No, unless the D caused the unconsciousness
Force RE robbery
physical action of effort needed to take property from another despite the victims resistance
Intimidation RE Robbery
victim reasonably apprehends that the D will subject her to imminent injury if she does not surrender the property
Will a claim of right to property be a defense to robbery?
NO
Common law Burglary
- unlawful breaking and entering
- of another’s dwelling
- at night
- with the intent to commit a felon therein
Modern day Burglary
- unlawful entry
- of a building
- with intent to commit a crime therein
Battery
- harmful or offensive
- physical contact with another
Assault
- an attempted battery OR
- intentionally placing another in reasonable apprehension of an imminent battery
MPC Simple assault
- attempt to cause or purposely, knowingly, or recklessly causing another person bodily injury
- negligently injuring another with a deadly weapon
- OR through physical menace, attempting to cause someone else to fear serious and imminent bodily harm
Common Law Rape
- sexual intercourse
- with a woman
- without her consent
- by means of force or threat of force and
- by a man not her husband
MPC Rape
having sex with a person
1. by force or threat
2. by using intoxicants to substantially impair the victim
3. if the victim is unconscious
4. OR if the victim is under the age of 10
Kidnapping
- the intentional unlawful taking
- and movement or confinement of another
arson
- the malicious
- burning or exploding
- of a dwelling or building
- of another
Who is the principal in a crime
the person who possesses the mens rea and commits the actus reus
Accomplice
someone who knowingly aids, assists, encourages someone, with the specific intent that that person succeed in committing a crime
to what extent is an accomplice liable for a crime
to the same extent as the principal
Natural and probable consequences doctrine
holds accomplices liable for additional crimes that are the natural and probable consequence and are committed in furtherance of the underlying crime
Accomplice Withdrawal
requires an accomplice to
1. undo or nullify any assistance provided
2. before the crime becomes inevitable
Accessory after the fact
- harboring or concealing the principal
- providing means to avoid detection
- concealing or destroying evidence
- warning the principal of impending discovery
- giving false info to law enforcement
THIS IS AN INDEPENDENT CRIME, NO ACCOMPLICE LIABILITY
