Crim Law Flashcards
Types of Intent
Specific
General
Malice
Crimes of Specific Intent
First Degree Murder
Inchoate Crimes
Assault
Theft Crimes
Specific Intent
Requires intent to do the specific act
Crimes of Malice
Arson
Murder
Transferred Intent
Intent to commit crime but ends up committing another crime OR against another person OR both
Vicarious Liability Crimes
Business liable when offensive act
Performed by agent of corp
W/ in the scope of employment
MPC Vicarious Liability Crimes
Corp fails to discharge duty imposed by law
Agent acting in scope of employment
Statutory liability for specific act
Larceny (Specific Intent)
Trespassory taking AND Carrying away of Personal property of Another with Intent to permanently deprive
Defenses of Larceny
Good faith claim of right of possession
Negates “property of Another”
Larceny from Fraud
Larceny by Trick
Embezzlement (Specific Intent)
Personal property of another
Obtained by lawful possession and
Fraudulently converted for own personal use
False Pretenses (Specific Intent)
Knowingly makes false representation
Of past or present material fact
Which causes another person to convey title
With intent to defraud
Receipt of Stolen Property (Specific Intent)
Knowingly receives, conceals or disposes of
Stolen property with
Intent to permanently deprive
Burglary (Specific Intent)
Breaking and Entering of Dwelling house of another At night (not required modernly) With intent to commit felony therein
Arson (Malice)
Malicious Burning/damage to structure of Modernly explosions too Dwelling house of another Modernly your own too
Robbery (Specific Intent)
Larceny PLUS
Taken in presence and
By force or placing owner in fear
Assault (Specific Intent)
Attempt to commit battery OR
Intent to place another in
Reasonable apprehension of imminent injury
Aggravated if deadly weapon
Battery (General Intent)
Intentional or reckless
Causing of bodily injury OR
Offensive touching
Aggravated if deadly weapon
Rape
Unlawful sexual intercourse
Of a female (modernly gender neutral)
Not one’s wife (modernly marriage irrelevant)
Statutory Rape
Sexual intercourse with
Person under age of consent
Regardless of consent
Kidnapping
Unlawful confinement
Of another involving
Movement or concealment in secret location
Aggravated: for ransom, to commit another crime or children
Murder/Homicide (Malice)
Unlawful killing of
Human being
With malice aforethought
CL Mental States of Murder
Intent to Kill
Intent to inflict GBI
Reckless Disregard
FMR
Intent to Kill
Desire to kill or has knowledge to
Substantial certainty death will occur
Intent to inflict GBI
Desire to inflict GBI or has
Knowledge to substantial certainty
Reckless Disregard
Indifference to value of human life
FMR
Foreseeable killing proximately caused by or during commission or attempted commission of inherently dangerous felony
Underlying crime merges
FMR Crimes
BARRK: Burglary Arson Rape Robbery Kidnapping
Exceptions to FMR Death of Co-Felon
Not liable when killed by police
Exceptions to FMR Death of bystander
Maj: agency theory JDX & not liable
Min: proximate cause liable
Murder 1
Premeditated and deliberate
Explodes in anger not deliberate
FMR can be Murder 1 modernly
Murder 2
Not premeditated or deliberate but not manslaughter
Statutory rule of common law murder
Voluntary Manslaughter
Heat of Passion
Imperfect Self Defense
Heat of Passion
Reasonable provocation so defendant acted in heat of passion w/ no cooling off time and defendant did not cool off
Imperfect Self Defense
Makes unreasonable mistake about
Need for self defense or
Defendant started altercation
Involuntary manslaughter
Grossly negligent:
Disregard of substantial danger of serious bodily injury or death
Misdemeanor Manslaughter
Commits misdemeanor and death occurs accidentally during commission or felonies not rising to murder
Causation of Murder
Actual (but for)
Proximate (foreseeable)
Inchoate Crimes
Solicitation
Conspiracy
Attempt
Solicitation (Specific Intent)
One requests or encourages another to commit a crime with intent that solicited person actually commits regardless of whether they agree
Merges into completed offense
Conspiracy (Specific Intent)
Agreement between two or more persons who intent to commit an unlawful act OR a lawful act by unlawful means
Does not merge into completed offense
Modern Conspiracy
Unilateral agreement enough AND
Requires overt act
Co-Conspirator Liability
Liable for crimes of co-conspirators if crimes committed in furtherance of conspiracy AND reasonably foreseeable
Withdrawal of Conspiracy
Once agreement and conspiracy formed, cannot withdraw from conspiracy liability BUT can withdraw from future crimes of co-conspirators
Must communicate to all co-conspirators AND take affirmative action to withdraw
Attempt
Act done with intent to commit crime AND affirmative act or substantial step in furtherance beyond mere preparation
Merges into completed offense
Defenses to Inchoate Crimes
Factual Impossibility NOT defense
Legal Impossibility defense
Accomplice
Aids, abets, assists or encourages
Mere knowledge insufficient
Carrying out a crime AND
present physically or constructively
Liability of Accomplice
Liable for crime assisted or encouraged if carried out
Liable for additional crimes committed by principal
If natural and probable consequence of crime
Accessory after Fact
Knowingly gives assistance to felon
For purpose of avoiding apprehension
Following commission of crime
Withdrawal of Accomplice
Can withdraw before crime committed BUT if already assisted, must render assistance ineffective
Defenses
Self Others Property Insanity Intoxication Impossibility Necessity Mistake Entrapment
Self Defense
Right to self defense against
unlawful force BUT must use reasonable force in response
Deadly force ONLY IF reasonably believed faced with deadly force against him
No duty to retreat in own home
Maj: Self Defense
No duty to retreat
Imperfect Self Defense Requirements
Kills in self defense because of
Unreasonable belief faced with deadly force
Murder may be reduced to Voluntary Manslaughter
Defense of Others
Reasonable force to defend another when reasonably believes that person would be justified to use such force
Minority: “Stands in shoes”
Defend another only if person defended was justified to use self-defense
Defense of Property
Reasonable amount of force (never deadly) to protect real or personal property
Insanity Tests
M’Naghten
Irresistible Impulse
Durham
MPC
M’Naghten Test
Suffered from mental disease causing a defect in reasoning powers that resulted in not understanding nature & quality of act OR did not know act was wrong
Irresistible Impulse Test
Unable to control conduct due to mental illness
Durham test
Conduct was product of mental illness (but for)
Model Penal Code (MPC)
Lacked substantial capacity to appreciate criminality OR
Conform conduct to requirements of law
Voluntary Intoxication
Only defense to specific intent crimes such that prevented formulating requisite
Involuntary Intoxication
Treated as an illness
Defense to all crimes
Negates intent to commit the crime when ingested unknowingly or under duress
Factual Impossibility
Factually impossible to complete crime
Generally not valid defense
Legal Impossibility
Intended acts is not criminal in nature
Necessity Defense Crimes
Reasonably believed commission of crime necessary to avoid imminent and greater injury to society
Mistake of Fact
Negate specific intent crime and malice only general intent IF mistake was reasonable
Mistake of Law
Generally not defense
Unless relied on court/admin OR
Official interpretation of law OR
Statute not reasonably available prior to conduct
Entrapment
Law enforcement official or someone cooperating induces a person to commit a crime that wasn’t otherwise predisposed to commit
