Crim Law Flashcards
What mental state must an accessory after the fact possess?
An accessory after the fact must know that the person he is aiding has committed a felony
What is an accessory after the fact?
An accessory after the fact receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.
At common law, murder was _______, which is established by_______.
the killing of a human being with malice aforethought. The mental state of malice aforethought could be established with any one of the following states of mind: (i) intent to kill; (ii) intent to cause serious bodily harm; (iii) reckless indifference to an unjustifiably high risk to human life (“depraved heart”); or (iv) the intent to commit a dangerous felony (“felony murder”).
What is required for an accomplice to withdraw?
Withdrawal
One who has rendered encouragement or aid to another may avoid liability as an accomplice if he withdraws from the crime before it is actually committed by the principal. What is necessary for an effective withdrawal depends upon what the person initially did.
(i) If the person merely encouraged the commission of the crime, withdrawal requires that he repudiate this encouragement.
(ii) If the person assisted by providing some material to the principal, withdrawal requires at least that the person attempt to neutralize this assistance, e.g., by doing everything possible to retrieve the material provided.
If it is impossible to withdraw by these methods, an alternative means of withdrawing is to notify authorities or take some other action to prevent the commission of the offense. In any case, the withdrawal must occur before the chain of events leading to the commission of the crime becomes unstoppable.
Adequate provocation will reduce a killing to voluntary manslaughter if the defendant was . . .
both reasonably provoked and actually provoked.
B expresses a desire to kill C. A encourages him to do so, and provides him with a gun. Later, A changes his mind. He seeks B out, and tells B that his earlier position was wrong and that B should not kill C. He also gets his gun back. Nevertheless, B obtains another gun and kills C. Is A liable as an accomplice?
Held: No, since he did all that was possible to render his encouragement and assistance ineffective before B’s plan to kill C became unstoppable.
Withdrawal
One who has rendered encouragement or aid to another may avoid liability as an accomplice if he withdraws from the crime before it is actually committed by the principal. What is necessary for an effective withdrawal depends upon what the person initially did.
(i) If the person merely encouraged the commission of the crime, withdrawal requires that he repudiate this encouragement.
(ii) If the person assisted by providing some material to the principal, withdrawal requires at least that the person attempt to neutralize this assistance, e.g., by doing everything possible to retrieve the material provided.
If it is impossible to withdraw by these methods, an alternative means of withdrawing is to notify authorities or take some other action to prevent the commission of the offense. In any case, the withdrawal must occur before the chain of events leading to the commission of the crime becomes unstoppable.
Under conspiracy and accomplice liability law, all participants in the felony will be liable for murder if . . .
the killing was foreseeable. Resistance by the store clerk was foreseeable and neither the accomplice nor the defendant had any right of self-defense under the circumstances.
The M.P.C. advocates the elimination of the ambiguous common law distinction between general and specific intent. Instead, the M.P.C. proposes four categories into which the mental component of a criminal offense (i.e., the element of fault) can be characterized. Because consistent use of these categories leads to analytical clarity, they have been incorporated into several state criminal codes. They likewise provide a convenient way of analyzing problems on the exam that incorporate statutes.
What are the 4 standards and their definitions? Are they subjective or objective standards?
Purposely, Knowingly, or Recklessly
When a statute requires that the defendant act purposely (“intentionally”), knowingly, or recklessly, a subjective standard is being used, i.e., the question is what was actually going on in the defendant’s mind.
1) Purposely
A person acts purposely with respect to his conduct when it is his conscious object to engage in certain conduct or cause a certain result, e.g., burglary.
2) Knowingly
A person acts knowingly with respect to the NATURE of his conduct when he is aware that his conduct is of that nature or that certain circumstances exist. He acts knowingly with respect to the RESULT of his conduct when he knows that his conduct will necessarily or very likely cause such a result. Conduct performed knowingly also satisfies the mental state of a statute that requires willful conduct.
3) Recklessly
A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation. An act performed recklessly is also performed wantonly. Recklessness requires that the actor take an unjustifiable risk and that he know of and consciously disregard the risk. Mere realization of the risk is not enough. He must know that injury might result (if he knows that it is certain to result, he acts knowingly). Thus, recklessness involves both objective (“unjustifiable risk”) and subjective (“awareness”) elements.
b. Negligence
A person acts negligently when he fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances. To determine whether a person acted negligently, an objective standard is used. However, it is not merely the reasonable person standard that is used in torts; the defendant must have taken a very unreasonable risk in light of the usefulness of his conduct, his knowledge of the facts, and the nature and extent of the harm that may be caused.
Under the M’Naghten rule, a defendant is entitled to an acquittal if . . .
the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.
T/F. For an individual to be convicted as an accessory after the fact under modern statutes, the crime committed by the principal must be a felony, but it doesn’t have to have been completed at the time the accessory renders aid
F
must have been completed.
under the M’Naghten rule, _______ is not a defense.
loss of control because of mental illness
T/F. Typically the punishment for the crime of accessory after the fact bears no relationship to the principal offense.
T
Criminal negligence is . . .
Criminal negligence, a form of involuntary manslaughter, is an unintended killing caused by the negligence of another. Criminal negligence requires a greater deviationfrom the reasonable person standard than is required for civil liability, but less negligence thanthe reckless disregard for human life required for malice. Certainly a parent’s failure to provide medical treatment for a critically ill child is criminal negligence. Note that intent is not an element of involuntary manslaughter.
Unless the _______, citizenship is generally irrelevant for purposes of state criminal jurisdiction.
the statutory punishment depends on citizenship
An accomplice is one who . . .
- with the intent that the crime be committed, 2. aids, counsels, or encouragesthe principal3. before or during the commission of the crime.
T/F. Jurisdiction means the authority of a sovereign to create substantive criminal law. The authority of a court to enforce criminal law is an aspect of jurisdiction.
T
Difference b/w larceny by trick and obtaining property by false pretenses . . .
In the crime of false pretenses, the defen- dant obtains title to the property by means of a false representation of a material present or past fact that causes the victim to pass title to his property to the defendant, who knows his representa- tions to be false and intends thereby to defraud the victim. (Vase at the flea market) vs. arceny by trick occurs when the defendant obtains possession of another’s property by lying or trickery. Here, the bystander obtained title to, rather than mere possession of, the money, and is therefore not guilty of larceny by trick (wine bottle)
Generally, a state has jurisdiction over a crime if:
- any act constituting an element of the offense was committed in the state
- an act outside the state caused a result in the state
FL: An out-of-state conspiracy to commit an in-state crim must be accompanied by an act in the state of FL in furtherance of the conspiracy. There is no such requirement for attempt.
FL: In homicide cases, if a body is discovered in FL, the death (i.e. the result) is presumed to have occurred in FL.
- crime involved neglect of a duty imposed by the law of the state
To convict a person for an attempted crime, the prosecution must establish that . . .
the defendant had an actual specific intent to cause the harm prohibited by the statute and committed an act beyond mere preparation in furtherance of that intent. Those elements—specific intent and act— are required regardless of the mental state required by the target offense. A person who tooka substantial step towards commission of the crime but was only reckless with respect to the target offense could not be found guilty of attempt. The homeowner did not intend to burn the neighbor’s home. Therefore, he cannot be guilty of attempted arson of the neighbor’s home.
FL: In homicide cases, if a body is discovered in FL, _____.
the death (i.e. the result) is presumed to have occurred in FL (for purposes of jurisdiction)
At common law, each person who took part in the planning of a crime was criminally liable for ______. However, if one of the conspirators “withdrew” from the criminal effort ______, he was not liable for _____. To successfully withdraw, the actor must _____; this must be done _____.
a. the crime of conspiracy and for each offense committed in furtherance of the conspiracyb. before the substantive crimes occurredc. the subsequent crimesd. notify all members of the conspiracy that he has withdrawne. in time for them to have an opportunity to abandon the planned crimes
An out-of-state conspiracy to commit an in-state crim must be accompanied by _____. There is no such requirement for _____.
an act in the state of FL in furtherance of the conspiracy
attempt
A school search will be held reasonable if . . .
(i) it offers a moderate chance of finding evidence of wrongdoing; (ii) the measures adopted to carry out the search are reasonably related to the objectives of the search; and (iii) the search is not excessively intru- sive in light of the age and sex of the student and the nature of the infraction. Here, even though the principal did not have probable cause to believe that the drugs were in the student’s purse, the principal did have sufficient reasonable grounds to search her purse.
T/F. FL is in the majority; it has always had a “retention statute” retaining the common law crimes.
T
With regard to the use of immunity to compel testimony, a state cannot use immunity to compel testimony unless
the immunity also applies in a federal prosecution.Therefore, federal prosecutors may not use evidence obtained as a result of a state grant of immunity, and vice versa.Testimony obtained by a promise of immunity MAY be used in a prosecution for perjury committed during the immunized testimony.A grant of use and derivative use immunity does NOT guarantee immunity from prosecution for any crimes. Transactional immunity guarantees immunity from prosecution for any crimes related to the transaction about which the witness testifies.Transactional immunity does NOT allow the witness to be prosecuted from evidence derived from an independent source. Use and derivative use immunity allows the witness to be prosecuted if the prosecutor can show evidence was derived from a source independent of the immunized testimony.
Pursuant to FL’s sentencing guidelines, the primary purpose of sentencing is _____.
punishment
other traditional purposes are goals, but are subordinated.
The Blockburger test generally prohibits . . .
multiple punishments for the same offense.
FL has a constitutional saving provision which means that:
Repeal or amendment of a criminal statute does not affect the criminality of any offense committed prior to the repeal or amendment. Prosecution and punishment of such crimes is proper and is governed by the former statute as it existed at the time of the offense.
The Blockburger test generally prohibits multiple punishments for the same offense. The exception to this rule is . . .
where the offenses are intended to carry separate punishments and are imposed at a single trial. This is true even though the offenses constitute the same crime under the Blockburger test. This rule requires imposing the punishments at a single trial, not at different trials.
FL has abolished the distinction b/w a principal and an _____.
accessory before the fact
The doctrine of collateral estoppel prohibits a defendant from being tried or convicted of a crime if:
A prior prosecution resulted in a factual determination inconsistent with one required for conviction. For example, if a defendant was charged with robbing an individual poker player and acquitted for insufficient evidence as to identity, the defendant cannot afterward be charged with robbery of a different poker player at the same table.If a prior prosecution resulted in a mistrial because of a hung jury or because a conviction was reversed on appeal, the Double Jeopardy Clause (not collateral estoppel) is at issue.
FL exempts _____ from being accessories after the fact unless _____. Any person who assists another, knowing that the other person has committed an offense ____ , regardless of ______, is an accessory after the fact unless ______.
close relatives
the crime that the offender committed was a capital, life, first-degree, or second degree felony.
against a child and with the intent that the other person avoid apprehension or punishment, regardless of the relationship to the other person, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.
Under the Double Jeopardy Clause, a defendant cannot be retried for the same offense. The Court in Blockburger v. United States stated a test to determine what is “the same offense.”What is the best explanation of the Blockburger test?
Two crimes do not constitute the same offense if each crime requires proof of an element that the other crime does not require
The common law distinguished four types of parties to a felony: principals in the first degree (persons who _____); principals in the second degree (persons who _____); accessories before the fact (_____); and accessories after the fact (persons who _____).
At common law, the distinctions between the parties had a great deal of _____ significance. For example, an accessory could not be convicted unless the principal had already been convicted, although both could be convicted in a joint trial if the jury determined the principal’s guilt first. Most modern jurisdictions have abandoned this requirement, and an accessory can be convicted even if _____.
Under the modern approach, all “parties to the crime” can be found guilty of _____.
actually engage in the act or omission that constitutes the criminal offense
aid, command, or encourage the principal and are present at the crime
persons who aid, abet, or encourage the principal but are not present at the crime
assist the principal after the crime
procedural
the principal has evaded apprehension or has been tried and acquitted
the criminal offense
Defendant signed a confession to a crime at the police station shortly after his arrest.Is this confession sufficient in and of itself to convict Defendant?
No, a criminal conviction cannot rest entirely on an uncorroborated extrajudicial confession. If the defendant does not admit guilt in court, the prosecution must introduce extrinsic evidence that, at the least, tends to establish the trustworthiness of the admission.
Prevailing common law rule with respect to intent requirement for accomplice liability:
To be convicted as an accomplice under the prevailing common law rule, a person must have given aid, counsel, or encouragement with the intent to aid or encourage the principal in the commission of the crime charged. In the absence of a statute, most courts would hold that mere knowledge that a crime would result from the aid provided is insufficient for accomplice liability, at least where the aid involves the sale of ordinary goods at ordinary prices. However, procuring an illegal item or selling at a higher price because of the buyer’s purpose may constitute a sufficient “stake in the venture” for a court to find intent to aid.
Example: A tells B that he wants to buy a can of gasoline from B to burn a house down. B sells A the gasoline and A burns down the house. B is not liable as an accomplice to arson (unless it was illegal to sell gasoline in cans or B charged A twice his usual price because of what A was using the gasoline for).
Prior to accepting the guilty plea, the judge must . . .
The judge must determine that the plea is voluntary and intelligent. The judge must also ensure that the defendant knows and understands the nature of the charge and the crucial elements of the crime, along with the maximum penalty and any mandatory minimum penalty. The judge also must ensure that the defendant understands his right to plead not guilty and that he waives the right to trial if he does plead guilty.
T/F. A person who has notified the authorities after the crime has taken place would be subject to conviction if found liable as an accomplice.
T
must notify before commission becomes unstoppable.
If more than _______ months imprisonment is authorized, the offense is considered “serious” for determining whether a defendant has a constitutional right to a jury trial.
6An offense is considered serious, making a jury trial a constitutional right, when more than six months imprisonment is authorized.
T/F. Under the MPC, a person acts negligently when he consciously disregards a substantial or unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation
F
He fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances.
When does a penalty constitute cruel and unusual punishment in violation of the Eighth Amendment?
When it is grossly disproportionate to the offense committed
What is required for an individual to be convicted as an accessory after the fact under modern statutes? FL distinction?
The crime committed by the principal must be a felony, and it must be completed at the time the accessory renders aid.
FL:
FL exempts close relatives from being accessories after the fact unless the crime that the offender committed was a capital, life, first degree, or second degree felony. Any person who assists another, knowing that the other person has committed an offense against a child and with the intent that the other person avoid apprehension or punishment , regardless of the relationship to the other person, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.
The constitutional right to a jury trial in criminal cases applies __________ offenses.
Only to serious
In a majority of states, criminal attempt requires a specific intent to commit the crime and _____
An act that constitutes a substantial step in commission of the crime; mere preparation is not enough.
If a defendant successfully appeals his conviction and is retried by the same judge and again convicted, under what circumstances (if any) may a judge impose a sentence harsher than the original sentence?
Only if the sentence is based on conduct on the part of the defendant occurring after the original sentencing proceedings.The purpose of this rule is to ensure that the judge des not impose a harsher sentence out of vindictiveness. (Note that the rule does not apply if the second trial is de novo by a different judge or the sentence is imposed by a jury who were not told of the first sentence.)
T/F. Mere preparation is enough, in a majority of states, to satisfy criminal attempt.
F
criminal attempt requires a specific intent to commit the crime and an act that constitutes a substantial step in commission of the crime; mere preparation is not enough.
Miranda warnings may need to be given, depending on whether the suspect knows this person is employed by the police. Miranda generally applies only to interrogation by the publicly paid police. It does not apply where . . .
interrogation is by an informant who the defendant does not know is working for the police. The rationale is that the warnings are intended to offset the coercive nature of police-dominated interrogation, and if the defendant does not know that he is being interrogated by the police, there is no coercive atmosphere to offset.
A person standing in Florida near the state line with Georgia fires a gun at and shoots and kills a person in Georgia. Both states have jurisdiction because _____.
the criminal conduct occurred in Florida and the result, death of a human being, occurred in Georgia
What will a grand jury issue if it determines that the evidence provides probable cause to prosecute?
A true bill
T/F. A state will have jurisdiction where an act should have been performed.
T
A Gerstein hearing is . . .
a hearing to determine probable cause to hold a detainee who was arrested without a prior finding of probable cause (e.g., if the arrest was not pursuant to an arrest warrant or grand jury indictment).
Difference between CL merger and current American Rule
At common law, if a person engaged in conduct
constituting both a felony and a misdemeanor, she could be convicted only of the felony. The misdemeanor merged into the felony.
Current American Rule: There is generally no merger in American law, with the following limited exceptions:
- One who solicits another to commit a crime may not be convicted of both the solicitation and the completed crime. Solicitation merges into the completed crime; and
- A person who completes a crime after attempting it may not be convicted of both the attempt and the completed crime. Attempt merges into the completed crime
C. Conspiracy does not merge with the completed offense. One may be convicted of conspiracy and the completed crime.
Example: Persons may be convicted of conspiracy to commit robbery and robbery.
A witness subpoenaed to testify before a grand jury has no right to:
Counsel in the courtroom, Miranda warnings, or warnings that she is a potential defendant.
Exceptions to Current American Rule to merger rule:
Current American Rule: There is generally no merger in American law, with the following limited exceptions:
- One who solicits another to commit a crime may not be convicted of both the solicitation and the completed crime. Solicitation merges into the completed crime; and
- A person who completes a crime after attempting it may not be convicted of both the attempt and the completed crime. Attempt merges into the completed crime
FL distinction: A D may be convicted of both felony murder and the underlying felony.
5th vs. 6th Amendment . . .
A defendant’s right to counsel at trial is provided for by the Sixth Amendment. The Supreme Court has read a right to counsel into the Fifth Amendment, but the right applies at custodial interrogations by the police; it does not apply at trial.
T/F. A D may not be convicted of both felony murder and the underlying felony.
F. may be convicted
The primary purpose of a preliminary hearing is to:
Determine whether probable cause for detention existsA defendant has a Fourth Amendment right to be released from detention if there is no probable cause to hold him. The purpose of a preliminary hearing is to determine whether probable cause for detention exists.A defendant does not have the right to cross-examine witnesses at a preliminary hearing. A preliminary hearing is an informal, ex parte, nonadversarial proceeding.
Our laws generally do not impose on ordinary citizens a duty to rescue others in harm’s way. This is called the American bystander rule. Omission as an “Act”: Failure to act gives rise to liability only if:
Five Situations Where There May Be a Duty, Omission of Which Is a Breach of Duty are _____
- specific duty to act imposed by law
- D has knowledge of the facts giving rise to the duty to act
- reasonably possible to perform the duty
_________
- statute demands you do it (ex. file taxes every year)
- a contract obligating D to act (ex. nursing home)
- relationships b/w D and V (spouses; parent)
- voluntarily assume care
- create a peril (ex. hit them with you car)
__________ determine(s) whether a dwelling is “of another.” (Crim Law)
OccupancyThe requirement is that the structure be used as a dwelling by someone other than the defendant. Ownership is not relevant. An owner can commit burglary of his own structure if he offers it for rent and it is used as a dwelling by others.
The reason that mens rea is normally required is to distinguish between ______.
inadvertent or accidental acts and acts performed by one with a “guilty
mind.”
Common law arson is a __________ crime.
At common law, arson consisted of the malicious burning of the dwelling of another. Malice crimes require that the defendant recklessly disregarded an obvious or high risk that the particular harmful result would occur. The intent requirement for arson is satisfied if the defendant acted with knowledge or reckless disregard that the structure would burn. A specific intent crime requires the doing of the criminal act with a specific intent or objective. A general intent crime requires the performance of the act with awareness of all factors constituting the crime; i.e., the defendant must be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present. Strict liability offenses do not require awareness of all of the factors constituting the crime and are generally “regulatory” offenses, i.e., offenses that are part of a regulatory scheme.
The four (4) important mental states for criminal liability are:
- specific intent
- malice
- general intent
- SL
Modern statutory changes have expanded upon the common law definition of burglary. Under most modern statutes, burglary can be committed _______.
At any time of day and in structures other than a dwelling
- If the definition of a crime requires not only the doing of an act, but the doing of it with _____, it is a “specific intent” crime. ·
- The existence of specific intent cannot_____. The prosecution must produce evidence _____.
- Some defenses such as _____ and ______ apply to specific intent crimes.
a specific intent or objective
be inferred from the doing of the act
tending to prove the existence of the specific intent
voluntary intoxication
unreasonable mistake of fact
At common law, burglary was defined as . . .
the breaking and entering of the dwelling of another at nighttime with the intent of committing a felony therein. The breaking may be actual or constructive. Actual breaking requires at least a minimal use of force (e.g., opening a door that is a ajar). Constructive breaking consists of gaining entry by means of fraud, threat, or intimidation, or by use of the dwelling’s chimney.
Malice is a state of mind that requires ______.
It is a state of mind that requires a reckless disregard of an obvious or high risk that a particular bad result will occur.
At common law, arson consists of:
(i) the malicious; (ii) burning; (iii) of the dwelling; (iv) of another. The offense need not occur at night.
There are two malice crimes on the MBE. They are _____ and _____.
murder
arson
Although variously defined in different jurisdictions, embezzlement generally requires:
(i) The fraudulent;(ii) Conversion;(iii) Of property;(iv) Of another;(v) By a person in lawful possession of that property. Conversion requires only that the defendant deal with the property in a manner inconsistent with the trust arrangement pursuant to which he holds it.The passing of title is not an element of embezzlement. Title does not pass when property is embezzled.
T/F. Defenses to specific intent crimes, such as, voluntary intoxication apply to malice crimes.
F.
They do not.
The crime of larceny by false pretenses is committed when . . .
the defendant obtains title to the property of another by an intentional (or, in some states, a knowing) false statement with the intent to defraud another. Under the common law, the false statement had to be a false statement of past or existing fact; under the Model Penal Code, the false statement need not be of a past or existing fact. (A future false promise to perform suffices.)
General intent crimes require _____.
- It is a catchall category - almost all crimes require at least a “general intent.”
- It is an awareness of all factors constituting the crime, that is, the defendant must be aware she is acting in the .proscribed way and that any required circumstances exist.
- A jury may infer the required general intent merely from doing the act.
- Two examples of such general intent crimes:
a. rape
b. battery
Larceny by trick is distinguished from false pretenses by the fact that . . .
larceny by trick does not involve passing of title, only possession. In false pretenses, title is intended to pass.
Two examples of general intent crimes:
rape, battery
The elements of the crime of receipt of stolen property are:
(i) receiving possession and control; (ii) of “stolen” personal property; (iii) known to have been obtained in a manner constituting a criminal offense; (iv) by another person; (v) with the intent to permanently deprive the owner of his interest in the property. Most jurisdictions define “stolen” property broadly to include property obtained by commission of any of the property offenses. The property must have “stolen” status at the time it is received by the defendant. If police have recovered the property and used it with the owner’s permission, the property is not stolen and the defendant cannot be guilty of this crime. Because of the elements requires that the property be obtained by another person, a defendant cannot be convicted of receipt of stolen property if he stole the property himself. Similarly, receipt of stolen property is not a strict liability offense; the defendant must have known it was obtained in a criminal manner.
Under the doctrine of transferred intent a D may be liable where she intends ______.
_____ may also usually be transferred.
the harm that is actually caused, by the victim or object
Defenses and mitigating circumstance
Larceny is a crime against ______.
possession. The person from whom the property is taken needs only to have some possessory interest superior to that of the defendant. Thus, property is taken from a thief may be the subject of larceny because the thief has a possessory interest superior to the person who took the property from him. Likewise, a bailee has a possessory interest superior to someone who took the property from her.
The doctrine of transferred intent applies to which offenses?
homicides
battery
arson
It does not apply to attempt.
An inchoate offense is committed . . . . Give examples.
prior to and in preparation for what may be a more serious offense. It is a complete offense in itself, even though the act to be done may not have been completed.Solicitation is an inchoate offense. Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime. The offense is complete at the time the solicitation is made. Attempt is an inchoate offense. An attempt consists of two elements: (i) a specific intent to commit the crime, and (ii) an overt act in furtherance of that intent. Conspiracy is an inchoate offense. The elements of conspiracy at common law include an agreement between two or more persons, an intent to enter into an agreement, and an intent to achieve the objective of the agreement. Although under the traditional definition of conspiracy, the agreement itself was the culpable act, today a majority of states require an overt act in furtherance of the conspiracy, but mere preparation will usually suffice.
T/F. The doctrine of transferred intent applies to attempt.
F
only:
homicides
battery
arson
Forgery consists of . . .
the making or altering of a false writing with the intent to defraud. A writing that has apparent legal significance may be the subject of common law forgery. The writing need not have monetary value; any legal significance suffices. Writings that derive their value from the mere fact of their existence—historical or artistic value—cannot be the subject of common law forgery.
A person found guilty of a crime on the basis of transferred intent is usually guilty of two crimes - _____.
the actual, completed crime and an attempt against the intended victim of the crime
For an individual to be convicted as an accessory after the fact under modern statutes, what must be true of the underlying crime . . .
The crime committed by the principal must be a felony, and it must have been completed at the time the accessory renders aid
Shooting at one person but missing. The bullet hits an unintended victim. What doctrine is implicated?
doctrine of transfered intent
REMEMBER: the intent follows the bullet
Elements of accessory after the fact . . .
- receives, relieves, comforts, or assists another2. knowing that he has committed a felony3. in order to help the felon escape arrest, trial, or conviction. NOTE: The crime committed by the principal must be a felony, and it must be completed at the time the aid is rendered. It is not enough that the principal has taken a substantial step toward completion of the crime; the crime must have been completed at the time the accessory renders aid.
What mental state is required for SL crimes?
None.
RULE: These are crimes with no required mental states. It is a crime that does not require awareness of all the factors constituting a crime.
- Often such crimes concern regulatory matters or crimes dealing with morality. 1
- Selling liquor to minors and statutory rape are examples.
- Any defense that negates intent is not available as a defense to a strict liability crime.
How can a person avoid accomplice liability . . .
One who has rendered encouragement or aid to another may avoid liability as an accomplice if he voluntarily withdraws from the crime before it is actually committed by the principal. Withdrawal must come before the chain of events leading to the commission of the offense becomes unstoppable. An individual may voluntarily withdraw from a crime before it is actually committed and avoid liability. What is necessary for effective withdrawal depends on what the person initially did. If the person merely encouraged the commission of the crime, withdrawal requires that he repudiate this encouragement prior to the chain of events leading to the commission of the crime becoming unstoppable. If the person assisted by providing some material to the principal, withdrawal requires at least an attempt to retrieve the material or to neutralize the aid given. Note that an alternative means of withdrawing is to notify authorities or take some other action to prevent the commission of the offense.
SL crimes often involve _____. (topic)
Some examples are _____.
What defenses are NOT available?
regulatory matters or crimes dealing with morality
Selling liquor to minors and statutory rape are examples.
Any defense that negates intent is not available as a defense to a strict liability crime.
2 versions of assault and elements (and is it a general intent or specific intent crime?)
Assault is a specific intent crime; the attempted battery version of assault requires the intent to commit a battery. There are two types of assault: One is defined as the intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm, and the other is defined as the intent to commit a battery. The latter version (the attempted battery version) requires not only the doing of an act, but the doing of it with a specific intent or objective.
What are the specific intent crimes and their corresponding intent requirement?
- solicitation - to have the person solicited commit the crime
- attempt - to complete the crime
- conspiracy - to have the crime committed
- first degree premeditated murder - premeditation
- assault - to commit a battery
- larceny and robbery - to steal
- burglary - to commit a felony in the dwelling of another
- forgery - to defraud
- false pretenses - to defraud
- embezzlement - to defraud
Battery is defined as . . . (intent?)
an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching.generalThese crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.
On the MBE the word “murder” means _____ - The unlawful killing of a human being with _____. Today, we call it _____. It is not a _____ intent crime. The mental state for “murder” is _____. There are _____ defenses for malice crimes such as _____, which are available for ______ murder, which requires _____ intent.
common law murder
malice aforethought
second degree murder
specific
malice
no special
voluntary intoxication and unreasonable mistake
first degree murder
specific
Common law false imprisonment is defined as . . . (intent?)
the unlawful confinement of a person without his valid consent.general intentThese crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.
Two malice crimes on the MBE
CL murder (aka murder for purposes of the bar; aka second degree murder) and arson
Kidnapping is generally defined as . . . (intent?)
some movement (i.e., “asportation”) of the victim or concealment of the victim in a “secret” place. general intentThese crimes require only that the defendant be aware that she is acting in the proscribed way and that any attendant circumstances required by the crime are present.
