Crimes Generally Flashcards
Inchoate Crimes
- Conspiracy
- Attempt
- Solicitation
Common Law Conspiracy Elements (and Modern Element)
- An agreement
- Between two or more people
- To commit an unlawful act
- [MODERN ADDITION} With an overt act un furtherance of the conspiracy
Scope
Each co-conspirator can be convicted of both
Conspiracy AND
All substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
MPC Conspiracy Elements
- An agreement
- Between two or more people
- To commit an unlawful act
- With the performance of an overt act in furtherance of the conspiracy
- AND the defendant agreed to commit the unlawful act
Relationship of Conspirators (Two)
Chain Conspiracy: Each participant is liable for the substantive crimes of his co-conspirators
C1 → C2→ C3→ C4
Spoke-Hub Conspiracy: Involves many people with a central “hub”; participants are not liable for substantive crimes of their co-conspirators because each spoke is treated as a separate agreement
C10
C1 ← HUB → R1
Withdrawal from Conspiracy
Common Law: Impossible to withdraw because the crime is complete once the agreement is made.
MPC: Co-conspirator may withdraw PRIOR to an overt act by communicating intention to other co-conspirators OR by informing law enforcement.
*If attempting to withdraw after an overt act, must work to THWART the conspiracy
Attempt Elements
- Specific Intent to commit a particular crime AND
- Make a substantial step towards perpetrating the crime
[Attempt is a specific intent crime even when the crime being attempted is general intent]
[Remember that the Doctrine of Merger typically applies here]
Solicitation Elements
- Defendant intentionally
- invites, requests, or commands
- another person
- to commit a crime
[If the person agrees, then this is Conspiracy]
[If person actually commits the offense, solicitation will merge]
Definition of Homicide
The killing of a living human being by another human being.
[Animals do not count.]
[Victim cannot already be dead.]
[Suicide is not homicide, but assisted suicide may be.]
Causation is required [Actual/Proximate]
Consent is not a defense to homicide
First-Degree Murder Definition
A deliberate and premeditated murder, OR a killing that results during the commission of an inherently dangerous felony [Felony Murder]
[Specific Intent Crime]
Exam will state specifically if it is first-degree murder. If not specified, assume common law murder
Common-Law Murder Definition
The unlawful killing of another human being committed with malice aforethought.
Four Types of Malice
- Intent to Kill
- Intent to Inflict Serious Bodily Injury
-
Depraved Heart: The defendant acted with a cavalier disregard for human life and death resulted
- Majority: Defendant must actually realize actions are risky
- Minority: A reasonably person would have recognized the danger
- Felony Murder: [Burglary, Arson, Robbery, Rape, and Kidnapping]
Manslaughter
Definition: All unlawful killings of another human being that are not first-degree murder not common law murder.
Two Types: Voluntary and Involuntary
Voluntary:
Defendant intends to kill victim, but state if mind (MR) is less culpable than murder.
- Heat of passion, under extreme emotional duress
TEST: Would this situation cause most people to act without thinking AND was there a lack to time to “cool off”?
Involuntary
A criminally negligent killing OR killing of someone while committing a crime not covered in felony murder.
Larceny Elements
- Taking
- Another person’s property
- Without his consent; AND
- With the intent to deprive him of it permanently
Property: Tangible objects
Taking: Physically moving property, no matter how slight
[Specific Intent Crime]
Embezzlement
Defendant begins with defendant’s consent to have property, but commits embezzlement when the property is converted to his own use.
[MPC uses Larceny elements]
False Pretense
The defendant obtains title to someone else’s property through an act of deception
[MPC uses Larceny elements]
Robbery Elements
- Taking
- Another person’s property
- without his consent
- with the intent to deprive him permanently, AND
- the taking occurs from the victims person or in his presence
- Either by violence or putting the victim in fear of imminent physical harm
[Larceny +Assault = Robbery]
Burglary Elements
Common Law
- Breaking and
- Entering
- the Dwelling
- Of another
- At night
- With the specific intent to commit a felony therein
Modern Law substitutes dwelling for property and removes the “night” element
Battery Elements
- Unlawful
- Application of Force
- To another Person
- that causes EITHER
- Bodily Injury or
- An offensive touching
Assault
Two Types
- Attempted Battery
Defendant has taken a substantial step toward completing battery, but fails.
[Specific intent crime]
- Fear of Harm
Defendant intentionally places another in fear of imminent bodily hard.
[General Intent crime]
Rape Elements
Common Law
- Unlawful
- Sexual intercourse
- With a female
- Against her will by force or threat of force
MODERN
Gender neutral and requires lack of consent (instead of force).
Rape is a General Intent crime so voluntary intoxication is not a defense.
Statutory Rape: Strict liabilty.
Kidnapping Elements
- Unlawful
- Confinement of another person
- Against their will
- Either by moving or hiding the victim
Arson Elements
Common Law
- Malicious [Malice]
- Burning
- Of another person’s
- Dwelling
MODERN
- Burning does not need to cause structural damage
- Burning your own house can qualify for arson
- Commercial buildings are included
Perjury Definition
The willful act of falsely promising to tell the truth, either verbally or in writing, about material matters.
- Subornation of Perjury: Person persuades another to commit perjury
Bribery Definition
Common Law
The corrupt payment of something of value for the purpose of influencing an official in the discharge of his official duties
MODERN
- Can bribe even if not a public official
- Offering and receiving a bribe are both felonies
Self-Defense as a Defense
Two Kinds of Force: Deadly and Non-Deadly
Non-Deadly
Use to protect property
Deadly
Rule: A victim is entitled to use deadly force only if he reasonably believes that deadly force will be used against him, or under the MPC, reasonably believes that the crime will result in serious bodily injury.
- Majority: No duty to retreat
Defense of Others
Individual has same right to defend another that the person being defended has to defend themself
Duress as a Defense
Defendant claims he committed a crime only because he was threatened by a third party and reasonably believed that only way to avoid death/serious bodily harm was by compliance.
- Defense for all crimes except intentional murder
- Mere injury, especially to property, is not sufficient
Necessity as a Defense
Available in response to natural forces (lesser of two evils to burglarize home than starve)
