Crimes Flashcards
Four essential elements of a crime
- Act (actus reus)
- mental state (mens rea)
- concurrence of the act and mental state
- causation
Punishment for felony
Punished by death or imprisonment for MORE THAN 1 year
Punishment for misdemeanor
Imprisonment for LESS than one year or a fine
Types of “omission liability”
Need a legal duty:
- statute
- contract
- status relationship (spouse/spouse parent/child)
- voluntary assumption of care (begin to rescue)
- creation of the peril
3 elements to be liable for an omission
- legal duty
- knowledge of facts that give rise to the duty
- ability to help
(if you are a mother but at the snack bar while your child is drowning, you will not have knowledge)
Specific intent crimes: crimes against the person
- assault
2. first degree premeditated murder
specific intent crimes: crimes against property
- larceny
- embezzlement
- false pretenses
- robbery
- forgery
- burglary
specific intent crimes: inchoate crimes
- solicitation
- conspiracy
- attempt
defenses only available to specific intent crimes
- voluntary intoxication
2. UNREASONABLE mistake of fact
general intent: mental state requirement
D need only be generally aware of the factors constituting the crime; he need not intend a specific result (jury can infer general intent based on crime simply being committed)
General intent crimes
- battery
- kidnapping
- false imprisonment
- forcible rape
Two types of strict liability crimes
- public welfare offenses
2. statutory rape
When is a defendant a proximate cause of a bad result?
If the bad result is a NATURAL and PROBABLE consequence of D’s conduct.
Eggshell victims
A criminal D takes his victim as he finds him.
Battery elements (MBE)
- unlawful application of FORCE to another resulting in BODILY INJURY or an OFFENSIVE TOUCHING
Assault
- attempted battery
OR - the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
Aggravated Assault in GA
Assault perpetrated with a deadly weapon or assault with the intent to murder, rape, or rob
Aggravated Battery in GA
Maliciously causing serious bodily harm to another
Definition of murder in GA
Causing the death of another with MALICE AFORETHOUGHT
How can “malice aforethought” be satisfied in GA?
- intent to kill (express malice)
- intent to inflict serious bodily harm
- felony murder (inherently dangerous felony)
- depraved heart (extreme reckless indifference to human life)
Can transferred intent apply to attempts?
No, transferred intent only applies to completed harms.
GA: does it follow the merger rule for conviction of the underlying felony?
No, Georgia does not require the underlying felony to be independent from the killing.
In GA can the co-felon be guilty of felony murder if another co-felon dies?
Yes. Not on MBE though!
What is the majority and GA rule for vicarious liability during felony?
Proximate cause: a killing committed by a third party will still put felon on the hook