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
Does GA have degrees of murder?
NO
Feticide
A crime recognized in GA. A person commits feticide when he causes the death of a fetus by wilfully through injury to the mother that would constitute murder to the mother OR death of a fetus during a felony.
Voluntary manslaughter
An INTENTIONAL killing committed
in the HEAT OF PASSION
upon ADEQUATE PROVOCATION
What constitutes adequate provocation?
- serious assault or battery
- witnessing adultery
* usually words alone aren’t enough
What type of involuntary manslaughter does GA recognize?
Unlawful act manslaughter: a killing committed during a crime to which the felony murder doctrine doesn’t apply
False imprisonment
unlawful
confinement of a person
without consent
Kidnapping
Unlawful confinement of a person that involves either moving the victim or concealing the victim in a secret place.
Forcible rape
Sexual intercourse
without the victim’s consent
accomplished by force or threat of force or when the victim is unconscious
Larceny
Trespassory
Taking and
Carrying Away of Personal Property of Another
With the intent to permanently retain the property
Larceny/ Embezzlement: custody
If D has lawful custody: could be embezzlement
If D does NOT have lawful custody, he can be guilty of larceny
Continuing Trespass
If D wrongfully takes property (w/o intent to steal)
and later forms the intent to steal, this is considered to be larceny –> the initial trespass is considered to have continued.
Conversion
D had lawful possession of property
Converted the personal property of another
With the intent to defraud
False pretenses
Obtaining title to the personal property of another by an intentional false statement with the intent to defraud
Larceny by trick
D obtains only custody as a result of a false statement (NOT TITLE)
Robbery
Larceny from someone’s person or presence by force or threat of immediate injury
Larceny + Assault
Forgery
making or altering a writing
so that it is false
with the specific intend to defraud
Burglary (GA)
Entering or remaining
within a dwelling (first degree)
OR structure (including a boat, vehicle, RR car - second degree)
without authority AND
with the intent to commit a FELONY or THEFT therein
Arson (MBE)
The malicious burning of a building
- charring required
- building must be burned
Arson (GA)
You can commit arson on all buildings (including your own property)
Mental state in GA for arson is KNOWINGLY
What type of “control” is required to be guilty of a “possession crime?”
Control for long enough to have an opportunity to TERMINATE possession
Constructive possession is enough - if you can exercise dominion and control
Possession crimes - mental state?
KNOWLEDGE
Receipt of Stolen Property (Elements)
Receiving POSSESSION and CONTROL
of STOLEN personal property
Mental state for Receipt of Stolen Property
Knowledge that property is stolen AND
intent to permanently deprive
Accomplice liability Elements
- Person who aids or encourages
2. Intent that the crime be committed
Guilt of an accomplice
- all crimes that he aids and encourages
2. all foreseeable crimes committed
What happens if a principal is acquitted in GA?
Accomplice can still be tried and convicted in GA!
How do you withdraw so that you aren’t liable as an accomplice?
- If you only encourage – repudiate your encouragement before crime is committed
- if you actually helped the principal, you must NEUTRALIZE the assistance or PREVENT the crime from happening
Accessory after the fact
D must help a principal who has committed a FELONY
with KNOWLEDGE that the crime has been committed
with the INTENT to help the principal avoid arrest or conviction
Enterprise liability
Agent of a corporation can be liable for criminal conduct if the agent is:
- acting on behalf of the corporation and
- acting within the scope of his office
Enterprise liability: public welfare offenses
Agents can be liable if they stand in RESPONSIBLE RELATION to the situation that created the public danger (think of the rat infestation example)
Solicitation (elements) (MBE)
ASKING someone to commit a crime with the
INTENT that the crime be committed
Conspiracy (elements)
- an agreement b/w 2 or more people to commit a crime
2. an overt act in furtherance of the crime
Conspiracy (mental state required)
- intent to enter into an agreement
2. intent to accomplish the objectives of the conspiracy
Can you have a one person conspiracy? (MBE and GA)
No. There must be two guilty minds
Vicarious liability for crimes committed during conspiracy
all crimes committed in furtherance of the conspiracy if foreseeable
Attempt (elements) (GA and MBE)
D must engage in conduct that constitutes a SUBSTANTIAL STEP (conduct must strongly corroborate)
Attempt (mental state)
specific intent to commit the underlying crime
No attempt for: reckless crimes, negligent crimes, or felony murder
Effective Withdrawal from conspiracy: what crimes is D guilty of? (MBE)
If D withdraws from a conspiracy, he is no longer liable for crimes committed after he left the conspiracy. BUT, he is still liable for the crime of conspiracy itself.
GA: abandonment as a defense
Abandonment = defense to attempt if change of heart is COMPLETE and VOLUNTARY
GA: withdrawal from conspiracy
Co-conspirator won’t even be liable for conspiracy if he withdraws BEFORE the overt act.
Which inchoate crimes merge with completed crime? (MBE)
Attempt and solicitation merge.
Conspiracy does NOT merge
Which inchoate crimes merge with completed crime? (GA)
All three merge: attempt, solicitation, and conspiracy
Possible defenses to criminal actions
- insanity
- self defense
- infancy
- voluntary/involuntary intoxication
- mistake
- necessity
- duress
- entrapment
Majority test for insanity (MNaghten)
purely cognitive:
D must prove he:
1. did not know that his conduct was wrong OR
2. did not understand the nature of his conduct
Irresistible impulse (not majority)
volitional test
D must prove either:
1. unable to control his actions OR
2. unable to conform his conduct to the law
GA insanity
D did not know his act was wrong (cognitive) OR
D was operating under a delusional compulsion that overcame his will to resist committing the crime.
If suffering from a delusion, the delusion must relate to a fact that, if true, would justify D’s act.
(ex: having a delusion your neighbor is spreading rumors would not give you the right to kill her)
Who must prove insanity in GA?
D must prove insanity by a preponderance.
Incompetency at trial
D must be able to:
- understand the nature of the proceedings AND
- assist his lawyer in preparation for his defense
Voluntary intoxication (MBE)
Only a defense to specific intent crimes. D’s argument is that he was so drunk that he couldn’t form the requisite intent.
Voluntary intoxication (GA)
Requires D to prove more than a temporary alteration of brain function in order to negate criminal intent
How old must D be in GA to be prosecuted?
13 at the time of the crime
What type of mistake is allowed for specific intent crimes?
Any mistake of fact (even unreasonable) will be a defense
What type of mistake is allowed for general intent or malice crimes?
Only reasonable mistakes will be a defense
Nondeadly force
Okay to use nondeadly force when:
reasonably necessary
to protect against an immediate use
of unlawful force against him
Deadly Force
Deadly force is okay when:
facing imminent threat of death or serious bodily injury
If you are the first aggressor, when are you allowed to use self defense (IN GA)
- D has withdrawn and communicates his withdrawal OR
2. victim suddenly escalates a nondeadly fight into a deadly fight
Is retreat required before using self defense? (MBE and GA)
No retreat required.
What happens if you UNREASONABLY thought you could use unlawful force?
Majority: unreasonable mistake is NO defense
Minority: unreasonable mistake mitigates, but does not get you off the hook
Use of force to prevent a crime
Nondeadly force okay to prevent a serious breach of peace
Deadly force okay to prevent a felony risking human life.
Defense of property (general rule) (MBE)
No deadly force is allowed to defend property
Defense of property when in a dwelling (MBE)
Deadly force okay within a dwelling if:
- intruder has violently gained entry AND
- occupant reasonably believes that the use of deadly force is necessary to prevent a personal attack on someone inside the dwelling
Defense of property (GA)
In GA, you can use deadly force to prevent the commission of a felony (not just a threat to human safety)
Defense of necessity
If D reasonably believed that the conduct was necessary to prevent a GREATER HARM
When can’t a D use necessity as a defense?
When D was at fault in creating the situation or when D causes death to save property.
Duress
This is a defense if D was COERCED because of a threat from another person of imminent death or serious bodily injury
Duress (limitation) (MBE and GA)
Duress is NOT a defense to homicide
GA: Entrapment: what must D prove for this to be a defense?
Defense if D can prove:
- criminal idea AND design originated with gov’t AND
- D was not predisposed to commit the crime (D was induced and would not have committed the crime except for the gov’t agent)
Use when D was tempted to commit the crime.
GA: majority subjective test
Vicarious Criminal Liability (Corporations and Agents) (GA)
Corporate criminal liability exists if either:
1. legislature clearly meant to impose liability on a corporation and crime is defined in statute and corporate agent performs act while acting w/in scope of his office
OR
2. commission of the crime is authorized… or recklessly tolerated by the board of directors or a managerial agent.
GA: liable for UNDERLYING crime when “concerned in the commission” (4 ways you are guilty)
- directly commit the crime
- intentionally cause someone else to commit the crime
- intentionally aid or abet the crime’s commission
- intentionally advises, encourages … another to commit the crime
Solicitation (GA)
Solicits, requests, or attempts to cause another to engage in conduct
With the INTENT that another commit a felony
Merger rule: conspiracy and attempt (GA)
In GA, you cannot be guilty of both conspiracy and attempt.
Conspiracy (punishment in GA for felony)
Not less than 1 year
No more than 1/2 the maximum period for the substantive crime.
10 year maximum (for crimes punishable by death or life in prison)
Conspiracy (punishment in GA for misdemeanor and controlled substances)
same punishment as the substantive crime itself
Attempt (punishment in GA for felony)
Not less than 1 year
No more than 1/2 the maximum period
30 year max
Battery (GA)
Intentionally causing substantial physical harm or visible bodily harm
Simple Battery (GA)
Intentionally making physical contact of an insulting or provoking nature OR intentionally causing physical harm to another
Family violence battery (GA)
Battery committed by and against people of the same household (or close family members - spouses, parents)
Sexual battery (GA)
Intentionally making physical contact w/ the intimate parts of another person w/o consent
Enhanced penalties in GA for aggravated battery: what types of people?
people 65 years old and older pregnant women person in a public vehicle law enforcement teachers or school personnel sports officials who are officiating
Reckless conduct (GA)
criminal negligence that causes bodily harm
Mayhem/aggravated battery
maliciously causes bodily harm by dismembering a body part
Involuntary manslaughter (GA)
When D causes death (without intent) by doing a lawful act in an UNLAWFUL MANNER
ex: self-defense (lawful act) performed in an unlawful manner (excessive force)
Kidnapping (punishment in GA)
Younger than 14 years old: 25 years to life
14 or older: 10-20 years in jail
Kidnapping for ransom or kidnapping resulting in bodily injury to person
Life imprisonment or death penalty (if person dies during kidnapping)
What if victim is moved during another crime? Is this kidnapping?
Yes, this is kidnapping IF the movement is NOT MERELY INCIDENTAL to another offense. It is not merely incidental if it conceals the victim, makes the commission of the crime substantially easier, lessens the risk of detection, or is for the purpose of avoiding apprehension.
Stat rape in GA
Sex with someone under 16 that is not your spouse (must have corroboration)
Theft by taking (GA)
Unlawful taking of the property of another with the intent to deprive him of the property
Theft by deception (GA)
Obtaining property by deceitful means w/ the intent to deprive the person of his property
Theft by conversion (GA)
Person first lawfully obtains the property or money and then knowingly converts the property to his own use. ($100 or more replacement cost)
Theft by receiving stolen property (GA)
Receiving, disposing, or retaining stolen property that the D knew or SHOULD HAVE KNOWN was stolen
GA theft crimes - punishment
Property value exceeds $500 or vehicle damage more than $100: felony
Shoplifting- punishment (GA)
Value of merchandise is over $300: felony
Identity fraud (GA)
Willful and fraudulent use or possesses with the intent to use the identifying info of another or of a fictitious person
Aggravated robbery (GA)
Robbery committed with an offensive weapon (armed robbery)
Extortion (GA)
Unlawfully obtaining property of another by threatening to:
inflict bodily harm
accuse someone of a crime
disseminate info to impair his reputation
First degree forgery (GA)
Utters or delivers the writing
The writing was knowingly altered or made
With intent to defraud
Second degree forgery (GA)
No requirement that D uttered or delivered the writing
Criminal trespass (GA)
Intentionally damages property of another
Up to $500 in damage
OR
Maliciously interferes with another’s possession or use of the property
Criminal Damage to Property - 1st Degree (GA)
Knowingly and without authority interfering with property so as to endanger human life OR
Knowingly and without authority (and using force or violence) interferes with the operation of a system of public communication
Criminal Damage to Property - 2nd Degree (GA)
Damage exceeding $500 to property (with intent to damage) OR
recklessly or intentionally damaging property with use of fire or explosive
Arson: first degree (GA)
Knowingly damages a dwelling or a building designed to be a dwelling
Perjury (GA)
Under oath
Knowingly and willfully makes a false statement
The false statement is MATERIAL
Bribery (GA)
offering a benefit to gov’t official to which he is not entitled to WITH THE PURPOSE of influencing him in the performance of the functions of his office
Compounding a Crime (GA)
Person agrees to accept or accepts consideration in return for not prosecuting or not helping with the prosecution.
Larceny (MBE)
trespass against POSSESSION
Ex: you can commit larceny of thief’s item even though it was stolen. (thief had possession)
Double jeopardy: what happens if D is convicted and then he wins appeal and his case is retried? Can they try D on a more serious crime than what he was convicted for the first time?
NO. They cannot retry for a more serious offense than what D was convicted for.
GA: definition of “deprive” of another’s property
Withholding property permanently or temporarily OR disposing of it in such a way that the owner is unlikely to recover it
What happens if D presents credible evidence of entrapment?
Prosecution must rebut by showing D’s predisposition beyond a reasonable doubt.
When will a person be guilty as an accomplice?
In GA, anyone who is “concerned in the commission” of a crime may be charged - this includes people who intentionally ADVISE, ENCOURAGE, COUNSEL, or procure another to commit a crime
Can a person “concerned in the commission” be liable as an accomplice if the D who committed the underlying offense is acquitted?
Yes, accomplice can still be liable.
