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