Crim Law Flashcards
merger
1. Generally, no merger crimes in American law. INCHOATE crimes (incomplete crimes) 2. Solicitation and attempt DO merge into the substantive offense. (You cannot be convicted of attempting or soliciting to commit the crime AND committing the crime.) 3. Conspiracy DOES NOT merge into the substantive offense. (You can be convicted of conspiracy to do something and doing it.)
essential elements of a crime
Actus reus (the physical act), mens rea (mental state), and the concurrence of the actus reus and the mens rea (with causal connection and harm).
actus reus
An act which can be any bodily movement but must be a voluntary act. Bad thoughts are not enough.
Omission as an act
Generally, there is no legal duty to rescue but sometimes there is a legal duty to act.
A legal duty to act can arise in 1 of 5 circumstances.
1. by statute
2. by contract
3. by relationship between parties
4. because you voluntarily assume a duty of care and then fail to adequately perform it
5. because your conduct created the peril
mens rea
mental state
4 common law mental states of a crime
- specific intent
- malice
- general intent
- strict liability
Specific intent crimes
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts.
Solicitation, Conspiracy, Attempt, First degree murder, Arson, Larceny, Embezzlement, False pretenses, Robbery, Burglary, Forgery
MAlice crimes
murder (2nd degree or lower), arson
General intent crimes
All crimes not specific intent or malice or strict liability
strict liability crimes
no intent crimes. Any defense that negates intention cannot be a defense to a SL crime.
Modern Penal Code mental states
Purposely, knowingly, recklessly, negligently
purposely
One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result
knowingly
One acts knowingly when he is aware that his conduct will very likely cause the result
recklessly
One acts recklessly when he consciously disregards a substantial and unjustifiable risk
negligently
One acts negligently when he fails to be aware of a substantial and unjustifiable risk
accomplice liability
An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged. Must have the requisite intent that the crime be committed and the intent to assist the principal. Liable for the crime itself and all other foreseeable crimes.
accomplice withdrawal
If the person encouraged the crime, he must repudiate the encouragement for withdrawal. If the person aided by providing assistance, he must do everything possible to neutralize this assistance. An alternate means of withdrawing is to contact the police.
inchoate offenses
incomplete crimes. The 3 inchoate offenses are solicitation, conspiracy, attempt
Solicitation
Asking someone to commit a crime. Solicitation is complete once they have been asked.
Conspiracy
Conspiracy is i) an agreement to commit an unlawful act with 2) an intent to agree and 3) an intent to commit the unlawful act.
Majority rule: 4) plus some overt act in furtherance of the conspiracy
liability for co-conspirators
Each conspirator is liable for ALL crimes committed by the co-conspirators if they were committed
i) in Furtherance of the conspiracy and
ii) were Foreseeable
CL: Requires 2 guilty parties
MPC: Only 1 person needs genuine criminal intent
Solicitation - mens rea
Intent to have the person solicited commit the crime
Conspiracy - mens rea
Intent to agree AND intent to pursue an unlawful objective
Attempt - mens rea
Intent to commit a crime. Requires specific intent plus an overt act in furtherance of the crime.
Conspiracy - overt act
In order to ground liability for conspiracy, there must be an agreement plus some overt act in furtherance of the conspiracy. Any little act suffices as an overt act in furtherance of conspiracy, even an act of mere preparation.
Attempt
An act done with intent to commit a crime that falls short of committing the crime PLUS an overt act in furtherance of the crime. The overt act must be a substantial step in furtherance of the commission of the crime. (Mere preparation does not provide liability for attempt like it does for conspiracy.)
attempt - abandonment
(majority) Once D has taken a substantial step toward committing the crime, abandonment is never a defense.
(MPC) Allows abandonment as a defense ONLY if it is i) fully voluntary and ii) a complete renunciation of criminal purpose.
attempt - impossibility
legal impossibility - defense to attempt
factual impossibility - NOT a defense to attempt
4 insanity defenses
- M’Naghten rule
- Irresistible impulse
- Durham rule
- Model Penal Code
M’Naghten rule (insanity)
At the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
Irresistible impulse (insanity)
D lacked the capacity for self-control and free choice
Durham rule (insanity)
D’s conduct was a product of mental illness.
lacks “lack”
Model Penal Code (insanity)
D lacked the ability to conform his conduct to the requirements of the law
defenses based on capacity
insanity, intoxication, infancy
voluntary intoxication
self-induced intoxication.
Defense to specific intent crimes ONLY
involuntary intoxication
unknowingly being intoxicated or becoming intoxicated under duress.
A form of insanity and a defense to ALL crimes.
infancy
No criminal liability under 7 yo.
Rebuttable presumption of no criminal liability under 14yo.
self-defense - non-deadly force
A victim may use non-deadly self-defense anytime the victim reasonably believes that force is about to be used on him.
self-defense - deadly force (majority)
A victim may use deadly force in self-defense anytime the victim reasonably believes that deadly force is about to be used on him.
self-defense - deadly force (minority)
A victim is required to retreat if it is safe to do so.
3 exceptions to retreat:
1. No duty to retreat from your home.
2. No duty to retreat if you are the victim of rape or a robbery.
3. No duty to retreat for police officers.
What is required to get back the defense of self-defense?
To get back the defense of self-defense, the original aggressor must i) withdraw and ii) communicate that withdrawal.
When may the original aggressor use force in his own defense?
If the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense (including deadly force if reasonable).
defense of others
D can raise “defense of others” defense if he reasonably believes that the person assisted would have had the right to use force in his own defense.
defense of others - special relationship requirement
There need not be a special relationship between the D and the person in whose defense he acted.
defense of dwelling
Deadly force may NEVER be used solely to defend your property.
Defenses
self-defense, defense of others, defense of a dwelling (not a defense), duress, necessity, mistake of fact
duress
Duress is a defense to a criminal act if:
1. the person acts under the threat of imminent infliction of death or great bodily harm and
2. that belief is reasonable
Threats to harm a third person may also suffice to establish the defense of duress.
To which crimes is duress a defense?
Duress is a defense to all crimes except homicide.
necessity
Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, D reasonably believes that his conduct was necessary to avoid a greater societal harm.
How does necessity differ from duress?
Duress involves human threats.
Necessity involves pressure from natural forces.
mistake of fact
Mistake of fact is a defense ONLY when the mistake negates intention. The mistake has to be reasonable to be a defense to a malice or general intent crime. Any mistake (no matter how ridiculous) is a defense if D is charged with a specific intent crime. Mistake of fact is NEVER a defense to strict liability crimes.
availability of mistake of fact defense
specific intent crimes: any mistake at all
general intent crimes: reasonable mistakes only
strict liability: Never a defense.
offenses against the person
battery, assault, aggravated assault, homicide, false imprisonment, kidnapping
battery
unlawful application of force to the person resulting in either bodily injury or offensive touching.
Need not be intentional.
Force need not be applied directly (such as poisoning).
Batter is a general intent crime.
assault
An attempt to create a battery OR the intentional creation of a reasonable apprehension of imminent bodily harm.
aggravated assault
Assault plus either:
- the use of a deadly or dangerous weapon OR
- with the intent to rape, mame, or murder
homicide
murder or manslaughter
murder
Generally, murder is the unlawful killing of another human being with malice aforethought.
Malice aforethought
The state of mind of malice aforethought exists if there is:
a. intent to kill, OR
b. intent to inflict great bodily harm, OR
c. intent to commit a felony, OR
d. reckless indifference to an unjustifiably high risk to human life.
murder causation
cause-in-fact: D’s conduct must be the cause-in-fact of the victim’s death. (Death would not have occurred but for D’s conduct.)
proximate cause: D is responsible for all results that occur as a natural and probably consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.
3 categories of 1st degree murder
premeditated killing, felony murder, homicide of a police officer
Premeditated killing
Victim must be human and dead, and D must have acted with intent or knowledge that his conduct would cause death.
Felony murder
Any killing, including accidental killing, committed during the course of an inherently dangerous felony.
inherent dangerous felonies providing for felony murder
BARRK
Burglary, Arson, Rape, Robbery, Kidnapping
defense to felony murder
- If D has a defense to the underlying felony, then he has a defense to felony murder.
- The felony they are committing must be a felony other than the killing.
- The death(s) must be foreseeable.
- Death(s) caused while fleeing from a felony are felony murders, but once D reaches a point of temporary safety, deaths caused thereafter are NOT felony murders.
- D is not liable for the death of a co-felon as a result of resistance by the victim or the police.
homicide of a police officer
D must know victim is a law enforcement officer AND
Victim must be acting in the line of duty.
2 categories of 2nd degree murder
- Depraved heart murder - a killing done with reckless indifference to an unjustifiably high risk to human life OR
- Murders that are not classified as 1st degree murder and not manslaughter.
3 types of manslaughter
voluntary manslaughter, imperfect self-defense, involuntary manslaughter
voluntary manslaughter
- Killing in the heat of passion resulting from an adequate provocation by victim,
- The provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control,
- There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool, AND
- D in fact did not cool off between the provocation and the killing.
imperfect self-defense
D has an honest but unreasonable belief that his life was in imminent danger that his life was in imminent danger, reducing murder to manslaughter. (only recognized in some states)
involuntary manslaughter
- Killing with criminal negligence, or
- Misdemeanor manslaughter - killing someone while committing a misdemeanor or an unenumerated felony (not a BARRK felony)
false imprisonment
Unlawful confinement of a person without his valid consent.
If a known alternate route is available, the confinement element will not be met for purposes of false imprisonment.
One’s consent to the confinement precludes it from constituting false imprisonment.
kidnapping
Confinement of a person with either:
1) some movement OR
2) concealment in a secret place
Rape
The slightest penetration completes the crime of rape.
Statutory rape is a strict liability crime. Consent of the victim is no defense, and mistake of fact is no defense.
Property crimes
larceny, embezzlement, false pretenses, robbery, extortion, forgery
larceny
1) A wrongful taking 2) and carrying away 3) of tangible personal property 4) by another 5) by trespass (without permission) 6) with intent to permanently deprive.
When must the intent to permanently deprive the owner exist?
The intent to deprive the owner permanently must exist at the time of the taking or it is not larceny.
BUT if a person takes property not intending to steal it but then later decides to keep the property, she can be guilty of larceny under the theory of continuing trespass.
Is taking property in the belief that it is yours larceny?
Taking property in the belief that it is yours is NOT common law larceny.
embezzlement
The fraudulent conversion of property to another by a person in lawful possession of that property.
distinguish larceny from embezzlement
In larceny, D misappropriates property not in his possession.
In embezzlement, D misappropriates property while it is in his rightful possession.
false pretenses
1) Obtaining title 2) to personal property of another 3) by an intentional false statement of the past or present 4) with the intent to defraud the other.
distinguish larceny by trick from false pretenses
If only possession of the property is obtained, the offense is larceny by trick.
If title is obtained, the offense is false pretenses.
robbery
1) The taking 2) of personal property of another 3) from the other person’s presence 4) by force or threat of imminent harm 5) with the intent to permanently deprive him of it.
extortion (blackmail)
Knowingly seeking to obtain property or services by means of a future threat.
differences between extortion and robbery
You don’t have to take anything from the person or his presence for extortion.
Threats for extortion are for future harm.
forgery
The making or altering of a false writing with intent to defraud. Any writing that has apparent legal significance is subject to the crime of forgery.
Offenses against habitation
burglary, arson
burglary
Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.
Breaking can be actual or constructive (breaking by fraud or threat).
Entering occurs when any part of the body crosses into the house.
Dwelling of another cannot be a barn or commercial structure.
At night - common law requirement
Intent to commit the felony must exist at the time of the breaking and entering or it is not common law burglary.
arson
1) The malicious 2) burning 3) of the dwelling 4) of another.
No specific intent is required. Acting with reckless indifference of an obvious risk that the structure would burn will suffice for arson culpability.
