Criminal Flashcards
Attempt
A substantial act towards perpetration of an intended crime.
Solicitation
Intent to induce another to commit a crime.
Merged with all other crimes.
Accomplice liability.
Withdrawl no effect on solicitation charge, but will avoid accomplice liability. MPC - complete and voluntary abandonment of criminal purpose.
Attempt statement
Attempt requires specific intent to commit a crime which becomes factually impossible due to some fact or event, coupled with the apparent ability which contains acts that go beyond mere preparation into the zone of perpetration.
SLAP
Specific intent
Legal (no attempt) v factual impossibility (attempt)
Apparent ability
Preparation v perpetration
Conspiracy
Agreement between two or more persons to commit an unlawful act.
Most jurisdictions require an overt act in furtherance of the crime.
Most jurisdictions presume agreement from actions implying agreement.
Merges with other pre-commission crimes, but not target crime. CL- merges with target crime.
CL - Withdrawal no defense.
MPC - allows timely and complete withdrawl communicated to all conspirators.
Pre-commission crimes approach
Specific intent Merger Accomplice liability Withdrawal Impossibility
Conspiracy - Pinkerton’s Rule
Each member of a conspiracy is chargeable with all crimes in furtherance of the natural and probable consequence of the unlawful act.
Conspiracy - Wharton’s Rule
Cannot convict D for both conspiracy and target crime unless crime requires fewer perpetrators than that involved.
Applies to bigamy, incest, gambling, bribery, adultery, and dueling.
Homicide
Killing of a human being by another human being.
Murder
Unlawful killing of a human being committed with malice aforethought.
Malice =
Intent to kill
Intent to cause serious bodily harm
Wanton reckless conduct “depraved heart”
Felony murder rules
First Degree Murder
Specific intent to kill plus premeditation and deliberation.
Felony Murder Rule
BARRM/KSS
CL - Any homicide committed in the perpetration of an inherently dangerous felony. Modernly during any felony committed in a dangerous manner.
Burglary Arson Rape Robbery Mayhem Kidnapping Sodomy Sexual molestation
Because of public policy reasons, courts refuse to apply felony murder to felonious assaults and batteries, otherwise, strict liability for first degree murder would result from each killing.
Insanity Rules
M’Naghten - Right/wrong test - did not know the nature/quality of act.
Irresistible Impulse - Inability to control conduct.
Model Penal Code - substantial capacity test - combination of M’naghten and irresistible impulse test.
Durham Rule - Was crime product of mental illness?
Voluntary manslaughter
Intentional criminal homicide with malice mitigated.
Mitigation RPT and actual loss of cool.
Involuntary Manslaughter
Unintentional homicide without malice.
Criminal Negligence - RPT. Killing is accidental but a reasonable person should have known of the substantial likelihood that death would occur.
Criminal Battery
The unlawful application of force to another’s person.
Criminal Assault
CL - Attempted battery.
Modern - Intent to create apprehension of immediate bodily harm.
Modern - Aggravated assault - Assault with intent to accomplish another crime against the person (rob, rape, maim, or kill)
Rape
An act of sexual intercourse accomplished with a person not the spouse of the perpetrator without consent.
Mayhem
The malicious maiming or disfiguring of another.
Criminal False Imprisonment
Unlawful detention or confinement of another.
Kidnapping
The intentional and unlawful movement of another.
Common Law Burglary
The breaking and entering of the dwelling house of another in the nighttime with the specific intent to commit a felony therein.
Modern Law Burglary
Entrance in any structure with intent to commit a crime.
Arson
Malicious burning of the dwelling house of another.
Larceny
Trespassory taking and carrying away of personal property of another with intent to permanently deprive.
Larceny by conversion
Larceny by trick
Embezzlement
Fraudulent conversion of rightfully entrusted personal property.
False Pretenses
Obtaining title by means of false representation of past or existing fact.
Robbery
Larceny from the person or immediate presence of victim by means of force or fear or violence or intimidation.
Receiving stolen property
Receiving of property knowing it to be stolen with intent to deprive.
Forgery
The fraudulent making or altering of a writing with intent to defraud or deceive.
Uttering
Offering as genuine an instrument known to be false with the intent to defraud.
Extortion
Obtaining property from another with consent by means of intimidation which is of lesser degree than that required for robbery.
Misprision
Concealment and nondisclosure of the known felonious conduct of another.
Compounding
Acceptance of a consideration in return for one’s agreement not to prosecute another’s crime.
Criminal Main Checklist
Fundamental Observations SAC Crimes against person Crimes against habitation Theft Crimes against property Miscellaneous crimes Defenses
Homicide Approach
Homicide Causation - Actual/Proximate Murder - Malice First Degree Second Degree Justification Excuse Mitigation - V.M. Involuntary Manslaughter
Accomplice Liability Approach
Knowledge
Intent
Actively assist (aided, incited, abetted)
Theft Approach
Specific intent
Custody
Possession
Title
Justification of Murder
Self defense Defense of others Defense of property (home) Crime prevention Necessity
Excuse of Murder
Insanity
Infancy
Intoxication
Mitigation - Voluntary Manslaughter
Heat of passion Imperfect self defense - belief was unreasonable Mistaken justification Coercion Diminished capacity
Defense to Crimes in General
Justification: Self defense Defense of others - step into shoes Defense of property Crime prevention Necessity Public authority Domestic authority
Excuse: Mistake of fact Mistake of law Duress Consent Entrapment
Res Gestae
Crime actively occurring.
Felony Accomplice Liability
Perpetrator - Principal in first degree
At scene aider - Principal in 2nd degree
Pre-Crime Aider - Accessory before the fact
Post-Crime aider - Accessory after the fact
CL - liable for all probable consequences
Modern - Liable for contemplated crimes.
Non-Homicide Crimes
Battery Assault Rape Mayhem Kidnapping False Imprisonment
Theft Crimes
Larceny/Larceny by Trick Embezzlement False Pretenses Robbery Receiving Stolen Property
Miscellaneous Crimes
Misprision
Compounding
Breach of Peace
Malicious Mischief
Transferred Intent
D’s intent will be transferred from the intended object or person to the object or person actually injured and criminal liability will follow.
Breach of the Peace
Any willful act which unreasonably disturbs the public peace.
Malicious Mischief
Malicious infliction of injury upon the property of another.
