Crim Law Flashcards
Is conspiracy a specific intent or general intent crime?
Specific intent crime
Does CL conspiracy require an overt act?
No, but Modern Law does require an overt act
Can you withdraw from a conspiracy after an overt act?
No, because a conspiracy has already been formed by virtue of the overt act.
CL burglary elements
- breaking and entering
- of the dwelling
- at night
- with SPECIFIC INTENT to commit FELONY therein (requisite MR required) (even if crime is not actually committed)
If ∆ has already acquired permission to enter a house, is it “breaking and entering” if he goes into room w/in the house w/o permission?
Yes
involuntary manslaughter = CND?
criminally negligent homicide
Specific Intent Crime Defenses
How will MR be negated:
- Mistake of Fact (whether reasonable or unreasonable)
- Mistake of Law if it negates MR
- In/voluntary Intoxication
FIAT
Pinkerton Rule
CL Conspiracy
A co-conspirator is liable for all the crimes he committed and all the foreseeable crimes his co-conspirator committed in furtherance of the unlawful objective
Embezzlement
Where ∆ is in lawful possession of property (from the true owner) and then ∆ fraudulently converts it
Larceny by Trick v. False pretenses
Larceny: only possession
False Pretenses: title + possession
felony murder
homicide + inherently dangerous felony
attempted rape–general or specific intent
specific intent
rape–general or specific intent
general intent
Specific intent crimes (FIAT)
- First degree murder
- Inchoate crimes (CATS)
- Assault w/attempt to commit battery
- Theft offenses
Inchoate Crimes (CATS)
Conspiracy, Attempts, Solicitation
larceny -
the TRESPASSORY (i.e., not voluntary) taking away of property with the intent to permanently deprive the owner of the property
If owner of the property “consented” to ∆’s taking away of her property, is that larceny?
No, that’s not TRESPASSORY taking away
Is voluntary intoxication a defense to CL murder?
No, bc CL murder is a malice crime
Majority Jdx for felony murder
Application of agency theory.
i.e.) when bystander is killed by a police officer/victim due to ∆’s felony, ∆ will not be liable bc police officer/victim is not an agent
Can a minor be held liable for intentional act with requisite mental state?
Yes, in most jdx
CL conspiracy and overt act
Not needed, only the establishment of an agmt is needed
involuntary manslaughter
unintentional homicide committed with criminal negligence or during an unlawful act
criminal negligence
grossly negligent action that puts another person at a significant risk of serious bodily injury or death
CL conspiracy
- agmt
- bw 2+ persons
- to accomplish an unlawful purpose
- with intent to accomplish that purpose
Battery exception if
presumed consent:
- under prevailing social norms, ∆ is justified in engaging in the conduct in the absence of π’s actual or apparent consent &
- ∆ has no reason to believe that the π would not have actually consented to the conduct
When is withdrawal possible in federal/MPC conspiracy
Between date of agreement and commission of an overt act
accomplice (MPC and majority)
person who, with the purpose of promoting or facilitating the commission of the offense, aids, or abets a principal prior to/during the commission of the crime
accomplice liability
to the same extent as the principal
How can accomplice legally withdraw
Accomplice must repudiate prior aid OR do all that he can to negate the prior assistance before the crime is put into motion
Justification for criminal acts
Necessity
Self-Defense
Defense of others
Defense of Property
Law Enforcement
Resisting/Defense of arrest
Crime prevention
Subst’l step test
∆’s conduct qualifies as an overt act when it exceeds mere preparation and strongly corroborates the ∆’s criminal intent
Does ∆ need to be personally benefit in order to be liable for embezzlement?
No
Is conversion fraudulent under embezzlement even if the ∆ intends to replace the converted prop. w/similar property of equal/greater value
Yes
Amt of embezzlement measured by
the value of the prop. at the time of conversion
Is mistake of fact a viable defense for larceny?
yes
robbery -
larceny with force or intimidation
continuing trespass rule
Crim
trespass is deemed to be continuing when the ∆ does not possess the necessary intent at the time of the taking but later develops the intent to permanently deprive the owner of the personal property
BUT initial taking of personal property must be wrongful
If co-felon is killed by a police officer/victim in order to prevent escape/self-defense, is the ∆ guilty of felony murder?
No
If co-felon is killed by a police officer/victim in order to prevent escape/self-defense, was the murder forseeable?
Yes, if police officer kills co-felon during felony, will be considered justifiable homicide
In a conspiracy, must the overt act be performed by the ∆?
No, it may be performed by any party to the conspiracy
M’Naghten test for insanity
Whether a mental disease/defect prevented the ∆ from either:
- understanding the nature + quality of the criminal act OR
- knowing that his actions were legally or morally wrong
MPC Test for Insanity
Whether a mental disease/defect prevented the ∆ from either:
- appreciating the wrongfulness of the criminal act OR
- conforming his conduct to the law
(much more forgiving M’Naghten)
Irresistible Impulse Test for insanity
Whether a mental disease/defect prevented the ∆ from either:
- controlling his actions or
- conforming his conduct to the law
Durham Test for Insanity
∆’s criminal actions were product of mental illness
accomplice’s intent to aid can be inferred when accomplice
- provides highly specialized goods/services;
- receives unusually large profits from a sale; or
- has some greater interest in the crime’s success
MPC voluntary intoxication only a defense to crimes for
statutes’ requisite mental state is either: purposely or knowingly
Is specific intent CL or MPC?
CL
CL attempted murder
if ∆ had
1. specific intent to kill,
2. committed an act in furtherance of the killling, but
3. did not complete the killing
CL dangerous proximity test
overt act occurs when ∆ was dangerously close to completing the crime
Wharton Rule
bars liability for conspiracy to commit a crime that requires at least 2 culpable parties (e.g., dueling, adultery, bigamy)
2 types of criminal assault
- attempted battery
- fear of harm assault
attempted battery
when the ∆ has the specific intent to commit and takes a subst’l step toward committing a battery
fear of harm/apprehension assault
when the ∆ intentionally places another in reasonable apprehension of imminent harmful/offensive contact
Majority Approach to Conspiracy
Unilateral approach
Minority Approach to Conspiracy
Bilateral approach
overt act not required
8A prohibition cruel & unusual punishment forbids imposing
life in prison w/o possibility of parole on juvenile ∆ convicted of nonhomicide offense
voluntary manslaughter
adequate provocation arousing sudden/intense passion in the mind of an ordinary person
Words alone are not adequate to trigger heat of passion crime
CL murder
unlawful killing of another human being committed with malice aforethought
malice aforethought mental states (CL murder)
intent to kill,
intent to do serious bodily injury,
reckless indifference to human life, or
intent to comit certain felonies
Self-defense (non deadly force)
Only if ∆ REASONABLY believes that
- the other is intentionally inflicting or about to intentionally inflict unprivileged force on the ∆,
- the force that the ∆ is using is proportionate to the other’s use of force or threat of force, and
- ∆ can prevent the other’s force or threat of force only by the immediate use of the force the ∆ is employing
∆ may be impeached by juvenile adjudication to show that the ∆ is untruthful. T/F
False, ∆ may NOT be impeached by junvenile adjudication
attempt is a specific intent claim even if the target crime
a SL crime and doesn’t require specific intent
