Crim Law Flashcards
Essential Elements - Actus reus
- Act = any VOLUNTARY bodily movement
- Omission can be an act if legal duty:
(a) By statute
(b) By contract
(c) Bc of relationship bw parties
(d) Bc voluntarily assumed a duty of care
(e) Where you created peril
Essential Elements - Mens rea - 4 CL Mental States
- Specific intent:
(a) Inchoate offenses (solicitation, attempt, conspiracy)
(b) First degree murder
(c) Assault
(d) CL property crimes (larceny, embezzlement, false pretenses)
(e) Robbery
(f) Burglary
(g) Forgery - Malice/reckless indifference:
(a) Murder (2nd degree/CL)
(b) Arson - General intent/general awareness acting in prohibited matter:
(a) All other crimes but NOT strict liability (esp battery) - Strict liability/no intent
(a) Often from statutes
Essential Elements - Mens rea - Doctrine of Transferred Intent
Intent requirement satisfied even if result is different from what was intended
Essential Elements - Mens rea - MPC Mental States
- Apply them only if told directly
- Purposefully - Conscious objective
- Knowingly - Aware conduct will very likely cause results
- Recklessly - Consciously disregards a substantial and unjustifiable risk
- Negligently - Fails to be aware of a substantial and unjustifiable risk
Accomplice Liability
- At CL, 4 types of parties to a felony:
(1) Principals in the first degree - Engage in act that causes offense
(2) Principals in the second degree - Aid, advise, or encourage and are present at crime
(3) Accessories before the fact - Aid, advise, or encourage and are NOT present at crime
(4) Accessories after the fact - Assist after the crime - Modern/statutory parties:
(1) Principal - Engages in act w mental state
(2) Accomplice - Aids, advises, or encourages - Mental state required for accomplice liability: (1) Intent to assist principal, AND (2) Intent that principal actually commit the crime
- Scope of liability - Crimes committed or aided, advised, or encouraged, AND any other crimes committed in the course if probably and foreseeable
- Withdrawal:
(a) If encouraged - Repudiate encouragement
(b) If aided/assisted - DO everything possible to neutralize assistance
(c) Call the police
Inchoate Offenses - Conspiracy
An agreement with (1) an intent to agree, AND (2) an intent to pursue an unlawful objective
- 2 approaches to intent on the part of BOTH parties:
(a) Default/CL - Both parties must have intent
(b) Modern/MPC - Only 1 party must have intent - 2 approaches to overt act:
(a) Majority - Need agreement+overt act in furtherance of crime
(b) Minority/CL - Need an agreement and any little act, even mere preparation - Intent can be express or inferred from conduct
- NO merger (unlike w solicitation and attempt)
- Withdrawal - CAN’T withdraw from conspiracy liability, only from subsequent foreseeable crimes
Inchoate Offenses - Solicitation
Asking someone to commit a crime, even if they don’t agree
- MERGER
Inchoate Offenses - Attempt
(1) Specific intent to commit crime, AND (2) Overt act in furtherance of crime
* Act must be substantial, not mere preparation
- 2 approaches to abandonment/withdrawal:
(a) Majority/CL - Once have taken a substantial step, CAN’T abandon
(b) Minority/MPC - Can abandon but ONLY if (1) fully voluntary, AND (2) a complete renunciation of criminal purpose - Only LEGAL impossibility (NOT factual) a defense
CL Murder - First Degree
- Intent to kill - Premeditated killing
- Intent to commit a felony - Any killing, even accidental, committed during the course of a felony
(a) Felony must be inherently dangerous “BARRK
(b) Defenses: - Defense to underlying felony
- Death unforeseeable
- Deaths while fleeing a felony BUT after you reach a point of temporary safety
- Death is of a co-felon
- Homicide of a police officer
(a) Must know police is police
(b) Police must be (1) acting in line of duty, OR (2) off-duty but identified
CL Murder - Second Degree
- Intent to commit great bodily harm - Depraved, hard killing w reckless indifference to unjustifiably high risk to life
- Reckless indifference
CL Manslaughter - Voluntary
Killing in the heat of passion resulting from adequate provocation by the victim
- Provocation - Arouse sudden, intense passion in an ordinary person causing him to lose control
- Must not be sufficient cooling down time
- Must not have actually cooled down
- In SOME states - D having honest but unreasonable belief his life is in imminent danger will downgrade murder to VM
CL Manslaughter - Involuntary
Killing of criminal negligence OR misdemeanor manslaughter (killing while committing misdemeanor or unenumerated felony)
- Conduct must be but-for cause/cause in fact
- Proximate cause - D liable for all foreseeable/probably consequences
Crimes Against Person - Battery
Unlawful application of force to person resulting in injury or offensive touching
- Intent = general
- Force can be indirect
Crimes Against Person - Assault
(1) An attempt to commit a battery, OR (2) Intentional creation other than by mere words of a reasonable apprehension of bodily farm
- Intent = general
- Aggravated assault = Assault + (1) use of a deadly/dangerous weapon, OR (2) assault w intention to rape, maim, or murder
Crimes Against Person - Unlawful Imprisonment
Unlawful confinement of a person w/o valid consent
- Can’t be a known, reasonable, escape
- Consent precludes (ONE instance where this works)
Crimes Against Person - Kidnapping
Confinement of a person with (1) some movement to, OR (2) concealment in, (3) a secret place
Crimes Against Person - Rape
- AKA sexual assault
- Slightest penetration completes rape
- Statutory rape - Strict liability
CL Property Crimes - Larceny
Wrongful taking (carrying away) of property or another WITH trespass (without permission) with intent to permanently deprive
- Slightest movement of property is sufficient
- Intent must exist at time of time
(a) If no, but then keeps property, guilty under theory of continuing trespass
CL Property Crimes - Embezzlement
Fraudulent conversion of property of another
CL Property Crimes - False Pretenses
Convincing an owner of property to convey title under false pretenses (not just a false future promise)
- If TITLE is obtained, as required = False pretenses
- If just possession, not title = Larceny by trick
Other Property Crimes - Robbery
Taking of personal property from other’s presence by force or threat with intent to deprive
- Force - Pretty broad, but NOT pickpocketing
- Threat - Must be of imminent harm
- Armed robbery - W deadly/dangerous weapon (even unloaded gun)
Other Property Crimes - Extortion
Knowingly seeking to obtain property or services by means of a future threat (essentially blackmail)
Other Property Crimes - Forgery
Making or altering a false writing with intent to defraud
- Any writing with apparent legal significance can be the subject
Other Property Crimes - Burglary
Breaking and entering dwelling of another at night w intent to commit a felony therein
- Breaking can be:
(a) Actual - Wide open doors/windows don’t count, but opening INTERIOR doors does
(b) Constructive - Breaking by fraud or threat - Entering - When ANY part of the body crosses into a HOUSE
- Intent to commit a felony therein must exist at time of breaking and entering
Other Property Crimes - Arson
Malicious burning of the dwelling of another
- Applies only to BURNING/CHARRING, not smoke damage/scorching
- Building must be another person’s house
Defenses - Insanity
- Available to ALL crimes, including strict liability
- Four tests:
(a) McNaughton Rule - Lack ability to know wrongfulness of actions or understand nature and quality of actions
(b) Irresistible impulse - Lack capacity for self-control and free choice
(c) MPC - Lack ability to conform conduct to requirements of law
(d) Durham Rule - Conduct was a product of mental illness; RARE
Defense - Intoxication
- Voluntary:
(a) ONLY applies to specific intent crimes
(b) Addicts/alcoholics are always considered voluntarily intoxicated - Involuntary:
(a) Available to ALL crimes; type of insanity
(b) 2 definitions: - Unknowingly being intoxicated
- Becoming intoxicated under duress
Defenses - Self-defense
- Non-deadly force - If reasonably believes force is about to be used on him
- Deadly force:
(a) Majority rule - If reasonably believes deadly force is about to be used on him
(b) Minority - Required to first retreat if safe to do so - EXCEPTIONS: (1) Retreat from home, (2) Retreat from rape or robbery, and (3) Police officer
- If self-defense by ORIGINAL aggressor, must withdraw AND communicate withdrawal
(a) If no time before before escalation to deadly force, can use deadly force
Defenses - Defense of Others
Reasonable belief that victim would have had right to use force in his own defense
- Majority - No need for a special relationship
- Minority - Need a special relationship
Defenses - Duress
(1) Imminent infliction of death or great bodily harm, AND (2) believe in imminency is reasonable
- Threats to harm third party OK
- Applies to all crimes EXCEPT homicides
Defenses - Necessity
As a result of pressure from natural forces, D reasonably believes conduct was necessary to avoid greater societal harm
Defenses - Defense of Dwelling
- CAN’T use deadly force
Defenses - Mistake of Fact
- Applies ONLY if negates intention
- Mistake must be reasonable to be a defense to malice and general intent crimes; DOESN’T have to be reasonable for specific intent
- NEVER a defense to strict liability
Defenses - Mistake of Law
NEVER a defense
Defenses - Entrapment
(1) Criminal design originated w law enforcement officers, AND (2) D wasn’t predisposed to commit crime
* VERY high threshold for predisposition; must have essential no predisposition at all