Crim Law Flashcards
US Jurisdiction
Crimes that occur…
- Anywhere in the US Territory;
- On ships and planes; and
- By US nationals abroad.
State Jurisdiction
Crimes having some connection to the state.
- Whole/part of crime committed inside the state
- Conduct outside the state that involved an attempt to commit a crime inside the state
- A conspiracy to commit a crime and an overt act occurred within the state
Actus Reus
No such thing as a “thought” crime
1) Must be some physical act in the world (can be speech)
2) Act must be voluntary (have motor control over it)
3) Act can be an omission (failure to act)
Omission as Actus Reus
- Failure to comply with statutory duty
- Failure to act when there is a special relationship between defendant and victim
- Voluntary assumption of duty of care that is cast aside
- Defendant causes peril and fails to prevent the victim from being injured by the peril
Categories of Specific Intent Crimes
- First-Degree Murder;
- Inchoate (conspiracy, attempt, solicitation);
- Assault with attempt to commit a battery
- Theft offenses (larceny, embezzlement, forgery, burglary, robbery)
Mens Rea States of Mind
Specific Intent
Malice
General Intent
Strict Liability
Specific Intent
The defendant not only committed the actus reus, be did it for causing a specific result.
Malice
The defendant acted in a reckless disregard of a high risk of harm occurring.
Murder and Arson
General Intent
The defendant intended to commit the act that was in fact unlawful. (need not be aware of legal ramifications)
MPC: Generally, acts that are done knowingly recklessly, or negligently
e.g. Homicide other than murder, battery, and rape
Strict Liability
The defendant does not need to have a particular state of mine. Must have only voluntarily committed the act.
Transferred Intent Doctrine
When a defendant has the requisite mens rea for committing a crime against one victim but actually commits the crime against a different victim, the specific intent that the defendant had for the first victim transfers to the second victim.
Vicarious Liability
Holds a person liable for an actus reus committed by someone else. (both can be held liable)
A corporation can be liable for the actions of its high-level employees or the Board of Directors.
MPC: requires a specific duty imposed by law on the corporation, or that high-level officials have authorized or tolerated the act.
Merger
A defendant can be convicted of more than one crime arising out of the same act.
A defendant cannot be convicted of two crimes when the two crimes merge into one.
1) Lesser included offenses; and
2) The merger of inchoate and a completed offense
Inchoate and Completed Offenses
Attempt: the inchoate offense of attempt merges into the complete offense if the defendant actually commits the crime
Solicitation: merges into the completed offense
Conspiracy: never merges with substantive offenses
Common Law Age Distinctions
Under Age 7: never capable of committing a crime
Ages 7-14: rebuttably presumed to be incapable of committing crimes
Ages 14+: can be charged as adults
Principals
Defendants whose acts ror omissions form the actus reus of the crime
Accomplices
People who assist the principal either before or during the commission of a crime
- must act with the intent of assisting the principal to commit the crime
Liable for both the planned crime and any other crimes that occur in the course of the criminal act, as long as they are foreseeable
Can be held liable even if the principals can’t be convicted
- EXCEPTION: a person protected by a statute cannot be convicted as an accomplice in violating the statute
Accessories After the Fact
People who assist the defendant only after the crime has been committed
Guilty of a separate offense
Aiders/Abettors and Conspiracy
Individuals who aid or abet a defendant to commit a crime may also be guilty of the separate crime of conspiracy if there was an agreement to commit the crime and an overt act was taken in furtherance of that agreement
Negating Mens Rea: Categories
Mistake
Insanity
Intoxication
Mistake
A defendant claims that come mistake - regarding either the facts in the world or the state of the law - negates his mens rea and thus he cannot be convicted of a crime even though he committed the actus reus
Mistakes of Law
Defendant claims that he cannot be convicted because he thought the law was different that what it was.
Generally NO EXCUSE, unless:
1) Reliance on high-level government interpretations
2) Lack of notice
3) The mistake goes to an element of specific intent
Mistakes of Fact
Specific Intent: Defense any time the defendant actually held the mistaken belief (reasonable or not)
General Intent: Defense only if the mistake is reasonable and goes to criminal intent
Strict Liability: Never a defense
Insanity Tests
- M’Naghten
- Irresistible Impulse
- Durham
- MPC
