Crim Law Flashcards
Elements of a Crime
- Actus Reus
- Mens Rea
- Concurrence
- Harmful Result and Causation
Model Penal Code Mental States
(Mens Rea)
- Purpose - conscious desire to achieve a particular result
- Knowledge - aware of what he is doing and practically certain that his conduct will cause the result
- Recklessness - aware of a substantial risk and consciously disregards
- Negligence - should have been aware of a substantial risk
- Strict Liability
Common Law Mental States
(Mens Rea)
- Specific Intent - acts with desire to achieve specific result
- Malice - acts intentionally or with reckless disregard of a known risk
- General Intent - generally aware of the factors constituting crime (need not intend a specific result)
- Strict Liability
Concurrence Rule
Defendant must have the required mental state at the same time that he engages in the culpable act
Criminal Battery
The (1) unlawful (2) application of (3) force to another person causing (4) bodily injury or offensive contact
Mental State: General Intent
Criminal Assault
- An attempted battery (swing and a miss); or
- Intentional creation of reasonable apprehension of imminent harmful contact (general intent)
Common Law Murder
A unlawful killing of another committed with malice aforethought.
- Malice:
- Intent to Kill;
- Intent to inflict great bodily harm; OR
- Depraved heart: reckless indifference to a known high risk of death or great bodily harm
- OR Felony-Murder Rule
Degrees of Murder
-
First Degree:
- Premeditated and Deliberate Intent to Kill
- Second Degree: all other murders
Felony-Murder Rule
Homicide committed during an inherently dangerous felony
- Homicide must be foreseeable/proximate cause
- During felony or immediate flight (not after felon reaches a place of temporary safety)
- Vicarious Liability:
- Liable for death caused by co-felon
- Not liable if non-felon kills co-felon
- Proximate Cause Theory: liable for death of non-felon by non-felon
- Agency Theory: not liable for death of non-felon by non-felon
Voluntary Manslaughter
An intentional killing that would otherwise be murder will be mitigated to voluntary manslaughter if:
- Committed in the Heat of Passion upon
- Adequate Provocation: must be a subjective and objective passion AND no cooling off
Involuntary Manslaughter
An unintentional homicide commited without malice (e.g, with criminal negligence (common law) or recklessly (MPC).
- Intent to inflict slight bodily harm
- Criminal Negligence - gross deviation from reasonable person standard
OR
Misdemeanor-Manslaughter Rule: homicide during a non-inherently dangerous felony or a malum in se crime
False Imprisonment
The (1) unlawful (2) confinement of a person (3) without consent
Mental State: General Intent
Kidnapping
The false imprisonment of another person invovling either movement or concealment.
Mental State: General Intent
Forcible Rape
(1) Sexual Intercourse
(2) without consent
(3) accomplished by force, threat of force, or when the victim in unconscious
Mental State: General Intent
Statutory Rape
Sexual Intercourse with someone under the age of consent
Majority Rule: Strict Liability
MPC/Minority Rule: A reasonable mistake is a defense
Larceny
- Trespassory (wrongful or unlawful)
- Taking and Carrying Away (moved)
- the Property of Another (lawful custody)
- with the Intent to Permanently Retain
*A taking under claim of right is never larceny, even if erroneous
*Continuing Trespass - later developed intent to steal (exception to the concurrence rule)
*Larcenty by Trick if obtained through misrepresentation
Embezzlement
Fraudulent conversion of the property of another by one in rightful possession.
Mental State: Specific Intent to defraud
False Pretenses
The acquisition of title to another’s property by a false representation with intent to defraud.
- Causes a change in ownership, not merely possession.
*Consider also larceny by trick (custody–not title–obtained by misrepresntation)
Robbery
Larceny plus two;
A larceny committed from the victim’s presence by force or threat of force of immediate bodily harm.
Mental State: Specific Intent to Steal
Forgery
Making or Altering a Writing so that it False with the Specific Intent to Defraud
Burglary
The trespassory breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.
- Common law required it to be a residence; now any structure
- Common law required it to be at night; now no longer required
- Must have intent to commit felony inside at the time of entry
Arson
The burning (material wasting/charring) of a dwelling of another with malice (intent to burn or knowledge of extremely high risk of burning)
Accomplice Liability
- Principal
- Liable for their crimes
- Accomplice (aids, counsels, or encourages)
- liable for principal’s forseeable crimes
- Accessory after the Fact (intends to help felon escape arrest or trial after the felony)
- may be liable of obstructing justice
Solicitation
Asks or requests another to commit a crime with the intent that the person solicited commit the crime.
- Specific Intent
- If the party solicited actually commits the crime, the soliciter will also be vicariously liable for the crime (but not solicitation bc merger)
Conspiracy (and vicarious liability of co-conspirators and Defenses)
If defendant enters into an agreement with another party for an unlawful objective and some overt act is performed in furtherance of the unlawful objected.
- Agreement can be express or implied
- Majority: all conspirators must agree (i.e., no conspiracy with undercover police)
- Minorty/MPC: allows unilateral conspiracy
Vicarious Liability:
- liable if (1) reasonably foreseeable and (2) in reasonable furtherance of conspiracy
Defenses:
- Withdrawal - liable for conspiracy but not target crime
- Legal Impossibility
- No Merger (does not merge into completed crime)
Attempt (and defenses)
Guilty of attempt if defendant commits an act of preparation with the intent to commit the target crime
- Majority rule/MPC: substantial step, provided that conduct strongly corroborate the actor’s purpose
- Common Law: comes dangerously close
- Mental State: Specific Intent to commit underlying crime
Defenses:
- Merger
- Legal Impossibility (factual impossibility no defense)
Excuse
If a crime is excused, the defendant is not criminally liable
- Youth/Infancy
- Insanity
- Intoxication
- Voluntary - only defense to specific intent
- Involuntary - apply insantity tests
Insanity Tests
Remember, insanity is an excuse/defense. Crim result of insanity
- M’Naghten (majority): (purely congitive) did not know wrongfulness of act OR could not understand the nature and quality of act
- MPC: (cognitive or volitional) lacked capacity to understand wrongfulness of act or conform conduct to law
Voluntary Intoxication
Can be a defense to specific intent crimes only; so intoxicate that could not form requisite intent
Infancy
Less than seven, cannot be prosecuted;
Less than 14, rebuttable presumption against prosecution;
Over 14, prosecution allowed.
Mistake of Fact
- Reasonable: if reasonable mistake negates mental state required for crime then not guilty; generally defense to any crime, except specific intent crimes
- Unreasonable: only a defense to specific intent crimes
Justification
If a crime is justified, the defendant is not criminally liable
- Defensive Privileges
- Note, initial aggressor can’t use SD unless they withdraw OR other side escalates and safe retreat is unavailable
Entrapment
Not guilty if not predisposed to commit the crime, i.e., the plan originated with the government
