Crim Law Flashcards
Doctrine of transferred intent
When a ∆ acts with intent to cause harm to one person and that act directly results in harm to another person, ∆ is treated as having intent to cause harm to person harmed.
Common-law murder
Unlawful killing of another human being committed with malice aforethought
Malice:
1) Intent to kill
2) Intent to inflict serious bodily harm
3) Abandoned or malignant (depraved) heart
4) Felony-murder
Voluntary manslaughter
∆ intends to kill but state of mind is less blameworthy than murder
Either
1) heat of passion or
2) under extreme emotional disturbance
Would most people act without thinking and without time to cool off?
Involuntary Manslaughter
Criminally NEGLIGENT killing or killing of someone while committing a crime other than those covered by felony murder (i.e., misdemeanor manslaughter)
OR
engages in criminally negligent conduct and causes death (e.g, traffic deaths)
Felony murder with co-felons dying - always, sometimes, never?
If co-felon dies during commission or attempted commission of dangerous felony, yes.
If co-felon killed by victim or police officer during commission, no.
Robbery
Larceny + assault
1) Taking
2) Another person’s property
3) Without his consent
4) With intent to deprive him of it permanently
5) The taking occurs from the victim’s person or in his presence
6) Either by violence or by putting the victim in fear of imminent physical harm
Extortion = variation of robbery (threat of future harm)
Burglary
1) Breaking and
2) Entering
3) The dwelling*
4) Of another
5) At night*
6) With the specific intent to commit a felony once inside
Modern - Property (not dwelling) of anther, no night time requirement
Arson
1) Malicious
2) Burning
3) Of another person’s
4) Dwelling
Larceny by trick
1) Taking and carrying away of
2) Another person’s property
3) Through fraud or deceit
4) With the INTENT to deprive him of it permanently
Obtains possession BUT not title (that’s False Pretenses)
Solicitation
Intentional enticing, encouraging, requesting or commanding of another person to commit a crime with intent that the other person commits the crime.
Conspiracy with undercover cop - always, sometimes, never?
Common Law - Need agreement b/w two parties
∆ + undercover = No
∆ + ∆2 + undercover = Yes
MPC - Unilateral conspiracies are recognized!
∆ + undercover = Yes
Wharton Rule
If a crime requires 2+ participants (e.g., adultery), no conspiracy unless more parties than necessary to complete the crime agree to commit crime
Attempt - when does it qualify?
Requires
1) Specific intent to commit criminal act AND
2) substantial step toward commission of offense
CL - may not legally abandon/withdraw because of change of heart
Factual impossibility
At time of attempt, facts make intended crime impossible to commit (but ∆ is unaware when attempt is made)
= NOT a defense to crime of attempt
Mistake of fact - general intent vs. specific intent as defense
General-intent - only reasonable mistakes of fact
Specific-intent - all mistakes of fact (negates mens rea)
Parent against child - always, sometimes, never battery
Parental discipline is justified if exercised for benefit of minor child.
Assault - two forms
1) Attempted battery (substantial step toward completing a battery but fails - specific-intent)
2) Apprehension assault/Fear of Harm (intentional placing another in fear of imminent bodily harm - general-intent)
Pinkerton Rule
Every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of conspiracy, regardless of actual knowledge
Agency theory of felony murder
Only liable for death of others caused by felon’s agents. If cop kills bystander, no liability.
Conspiracy
1) Proof of agreement to commit a crime
2) In some jurx - proof of an overt act in furtherance of the agreement
Accomplice - requires involvement in principal crim action?
No - even if not physically or constructively present during commission, can still be accomplish if you possess requisite intent (e.g., intent for other party to commit crime by providing weapon)
Kidnapping incident to another crime (e.g., robbery)
Movement must be more than is necessary for commission for crime to be liable for both
False Pretenses
Obtaining title to property of another through
1) reliance of that person on a known false representation of a material past or present fact AND
2) Representation is made with intent to defraud
Forgery
1) ) Making of a false writing with apparent legal significance AND
2) With intent to defraud
“Making” - include creating, altering, inducing another to sign doc when person is unaware of significance of doc
