Crimes Flashcards
What is malice
Malice is intentional or reckless disregard of an obvious or known risk
Defenses related to intent for strict liability crimes
Defenses related to intent for Strict liability crimes are limited to insanity, involuntary intoxication, duress.
What is transferred intent
When the defendant intended to harm one person but actually causes harm to another person, the intent is transferred to the victim actually harmed. Defendant may also be prosecuted for attempt to harm the intended victim. Note: intent cannot be transferred between different crimes.
What are the four mental states defined by the model penal code
Purposely, knowingly, recklessly, and negligently
What is purposely under the model penal code
A person acts purposely if it is her conscious object to engage in conduct of that nature or to cause such a result. This is a subjective standard
What is knowingly under the model penal code
A result is knowingly caused if the defendant is aware that it is practically certain that her conduct will cause such a result. This is a subjective standard.
What are the four elements of a crime
Guilty act, guilty mind, concurrence, causation
What is a guilty act
A voluntary physical act or failure to act when there is a legal duty to act, i.e. omission
Is possession of contraband a guilty act
Possession is an act if the defendant was aware of her control of the contraband for sufficient period To have been able to terminate her possession
What is recklessly under the model penal code
A person acts recklessly if she consciously disregards the substantial and unjustified risk that the material element exists or will result from her conduct. This is a subjective standard.
What is negligently under the model penal code
A defendant acts negligently if the defendant should Be aware of a substantial and unjustifiable risk that the material element exists or will result from her conduct. This is an objective standard.
What is proximate cause
Proximate cause is the philosophical connection, which limits liability to consequences that there are some reasonable relationship to the actors contact so as to not offend notions of common sense, justice, and logic, i.e. foreseeability. The general rule under proximate cause analysis is that the defendant is guilty for all the natural and probable consequences of her act or omission.
When does an intervening cause break the chain of causation
It is widely held that an intervening cause breaks the chain of causation from the original act to the death only if the intervening force was so out of the ordinary that it is no longer fair to hold the defendant criminally responsible for the outcome. In this case, the intervening event must have been abnormal or bizarre to prevent a defendants original action from being regarded as the proximate cause of death.
Where may a crime be prosecuted
A crime may be prosecuted in any state where an act constituting an element of the offense was committed or any state where the act caused a result
The prosecution Must prove each element of a crime…
Beyond a reasonable doubt
Are (irrebuttable) mandatory presumptions constitutional
The US Supreme Court has held it to be a violation of due process for a judge to give a mandatory jury instruction in a criminal case on an element of the charged crime. The instruction is unconstitutional because the phrase shall be presumed could be interpreted by the jury as shifting the burden of proof to the defendant or as requiring the jury to find an element of the charge crime neither of which is permissible.
The prosecution must disprove every element of a defense raised by the defendant…
Exception?
Beyond a reasonable doubt.
Exception: The insanity defense. The supreme court has held that placing the burden of persuasion for insanity upon the defendant is not unconstitutional. In most states, the prosecution must prove beyond a reasonable doubt that the defendant is not insane. In other states, the defendant must prove the defense of insanity by a preponderance of the evidence. Under federal law the defendant must prove insanity by clear and convincing evidence.
Felony v misdemeanor
A felony may be punished by more than one year in prison. The maximum punishment for a misdemeanor may not exceed one year in prison.
Attempt elements
To prove attempt, the state must show that defendant intended to commit the crime and that she committed an overt act beyond mere preparation. Attempt is always a specific intent crime. As far as the overt act, Under the model penal code and in most states, the defendant must have taken a substantial step towards completion of a target crime. The common law standard is dangerous proximity to success.
May the prosecutor convict a defendant for attempt and the completed crime
No. If the person attempting the crime actually completes the crime, the defendant cannot be guilty of both attempts and the completed crime.
Is legal impossibility a Defense to attempt
Yes. Legal impossibility is a defense to attempt. An attempt is considered to be a legal impossibility when the defendant has completed all of her intended acts but her acts failed to constitute a crime. That is, if what the person was attempting to do was actually not a crime even though she thought it was, then she cannot be found guilty of attempt.
Is factual impossibility a Defense to attempt?
No. Factual impossibility is not a defense to attempt. As such, if the facts were as the defendant believe them to be, the defendant would have committed a crime, and the defendant is guilty of attempt.
Is abandonment a Defense to attempt?
At common law, no, abandonment is not a defense to attempt. Modernly , however, and under the MPC, a voluntarily abandonment before the completion of the substantive crime is an affirmative defense. Note, however, that an abandonment that is the result of any extrinsic factor is not considered voluntary.
Solicitation elements
Solicitation is inciting, urging, counseling, or commanding another to commit a crime with the specific intent that the person solicited commit the crime