Crim law Flashcards
Actus Reus
a voluntary, affirmative act or an omission when a duty exists causing a criminally proscribed result
Duty to act
imposed by statute
contract
special relationship
detrimental undertaking
causation
Specific Intent Crimes
[FIAT]
first degree murder
inchoate crimes
assault with intent to commit battery
theft offenses
Malice crimes
common law murder, arson
reckless disregard of a high risk of harm
General Intent crimes
battery, rape, kidnapping, false imprisonment
requires the intent to perform the unlawful act
purposely, knowingly, recklessly, or negligently
Principal to a crime
perpetrator who committs the required act or omission, can be more than one
accomplice
acts with the requisite mens rea to aid the principal before or during the commission of a crime
-liability is for the planned and other foreseeable crimes
defense: withdrawal requires repudiation of aid and to do so before events are unstoppable
Accessory after the fact
acts with intent to assist the principal to avoid apprehension after the felony is complete
liability is for obstruction of justice, not the principals crime
Merger
Solicitation or attempt merge into the target crime if it is completed
cannot be convicted of both solicitation or attempt and the completed crime
Solicitation
to invite or urge another to commit a crime with the intent the party do so
no return agreement is required; if return agreement obtained, both guilty of conspiracy through merger, not solicitation
Attempt
specific intent to commit a crime + substantial step beyond mere preparation or dangerous proximity
defense: legal impossibility and defenses to formation of specific intent
Conspiracy
agreement (express or implied) between two or more persons
Modern trend/mpc: unilateral conspiracy okay
intent to achieve unlawful purpose
Overt act in furtherance
Defense: withdrawal before overt act, if after can only avoid liability for the crime, not the conspiracy
liability: for all foreseeable crimes in furtherance of the conspiracy, liability for co-conspirators depends on whether it was a chain or hub/spoke relationship
Common Law Murder
Common law Murder is the killing of another human being with malice aforethought.
Malice: intent to kill (show causation), intent to cause serious bodiliy injury, reckless disregard to human life, felony murder
Felony murder
killing during an inherently dangerous felony (burglary, arson, rape, robbery, kidnapping)
must show elements of the felony and that death was reasonably foreseeable (proximate cause)
Agency theory: D not responsible for death caused by victim or police
First Degree Murder
Murder that is premediated and deliberate
premeditated: had time to reflect
deliberate: cool and dispassionate
Second degree murder
same as common law murder
Voluntary Manslaughter
murder comitted in response to adequate provocation/heat of passion
the events must have provoked a reasonable person with no chance to cool off
imperfect self defence can mitigate murder to voluntary manslaughter
Involuntary manslaughter
unintentional killing caused by criminal negligence or during an unlawful act
Criminal Battery
Intentional unlawful application fo force to another that causes harmful or offensive touching
Criminal Assault
Attempted battery or intentinoally placing on in the apprehension of imminent bodily harm
False Imprisonment
unlawful confinement of another without consent by force or threat
Kidnapping
unlawful confinement without consent by force or threat + moving or hiding the victim
Larceny
Trespassory aking and carrying away of the personal property of another with the intent to permanently deprive them of such property
Larceny by trick
Larceny accomplished by fraud or deceit (victim delivers possession but not title to)
Forgery
Making of a false writing with apparent legal significance with the intent to defraud
Embezzlement
fraudulent conversion of property of another by a person who is in lawful possession of the property
False pretenses
obtaining titel to the property of another by fraud or deception
Robbery
trespassory taking and carrying away of another persons property with the intent to permanently deprive them from the other person’s body or presence by using force or intimindation
Burglary
Breaking and entering into a dwelling of another at night with the intent to commit a felony therein (modern statute eliminates night time, and dwelling)
Arson
malicious burning of the dwelling of another (MPC changes to structure)
Receipt of stolen property
recieving control of stolen property, knowing it is stolen, and with intent to permanently deprive
Mistake of fact
if honest and reasonble: negates specific intent, general intent and malice crimes
If not reasonable: only negates specific intent
Mistake of law
generally no defense unless mistaken about an element that negates intent, or if the person has relied on government interpretation that later changes
Insanity
M’Naugten: did not know either the nature or the wrongfulness of the act
Irresistable Impulse; lacks cpaacity for self control to conform conduct to the law
Durham: would not have committed the crime but for the mental defect
MPC: lacked capacity to understant the wrongfulness or to conform conduct due to mental disease
Intoxication
Voluntary: applies to negate specific intent only, but does not apply at all if you get drunk after forming the intent
Involuntary: applies to negate specific intent, general intent, malice, and voluntary acts
Self defense
can use non-deadly force if faced with non-deadly force
can only use deadly force if you reasonable believe there is risk of death
Retreat: generally no duty to retreat
An aggressor can only use self defense if the other party escaltes the force or the agressor withdrew
Defense of others
the right to use force to defend others exists to the extent the victim would be allowed to use force to defend themselves
Defense of property
may use non deadly force if reasonbly necessary to immediately protect property, cannot be disproportionate,
deadly force only okay to prevent forcible entry
Duress
threat of death or bodily injury forced D to commit a crime, does not apply to murder
Necessity
forces of nature caused D to commit what would otherwise be a crime
Entrapment
D would not have committed the crime except for trickery/fraud of law enforcement
