Criminal

Question 1

Principles of Crime - Actus Reus

Answer 1

D must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act. An act is a bodily movement.

The following do not qualify as Acts:
1. Conduct that is not the product of one’s own volition (someone pushed you)
2. Reflexive or convulsive act (you had a seizure)
3. Act performed while unconscious or asleep.

Omission: generally there is no legal duty to rescue except where created by statute, relationship between parties, voluntary assumption of care, or where D’s conduct created the peril.

Question 2

Accomplice Liability - Elements

Answer 2

Mental State: Must aid, abet, or counsel the crime with the intent to encourage the crim. Mere presence is not enough even if by his presence he seems to be consenting to the crime or even if he did not notify the police.

D is liable for the crime itself and all other foreseeable crimes.

Question 3

Accomplice Liability - Defenses

Answer 3

Withdrawal:
1. If merely encouraged the commission of the crime, D must repudiate his encouragement.
2. If D provided material, must do everything possible to retrieve it.
3. If D notified the authorities or took some action to prevent the commission of the crime.
4. Must be before the chain of events leading to the commission of the crime becomes unstoppable.

Question 4

Accomplice Liability - Accessory after the Fact

Answer 4

Helping someone escape. Not liable for Crime itself. Liable for separate lesser charge.

Question 5

Inchoate Offenses - Specific Intent - Solicitation

Answer 5

Asking someone to commit a crime with the intent that the person solicited does commit that crime.

Merges with the other crime if it happened.

Defenses: the refusal of the solicitee is no defense.

Question 6

Inchoate Offenses - Specific Intent - Conspiracy

Answer 6

(1) An agreement between 2 or more people, (2) an intent to agree, (2) an intent to achieve the unlawful purpose or objective of the agreement.

Overt Act: Majority rule is that there must be an agreement plus some overt act in furtherance of the conspiracy, in reality any act qualifies that isn’t making the agreement.

Liability: Each conspirator is liable for all crimes of other conspirators if foreseeable and in furtherance of the conspiracy.

Defenses: (1) impossibility is not a defense, (2) no withdrawal from liability for conspiracy itself, (3) can only withdraw from liability for future crimes by performing an affirmative act that notifies all members of the conspiracy of withdrawal.

No merger.

Question 7

Inchoate Offenses - Specific Intent - Attempt

Answer 7

Requires (1) Specific Intent to commit the crime and (2) a substantial step in the direction of the commission of the crime (mere preparation is not enough).

merges with other crime.

Defenses:
1. Factual impossibility is not a defense.
2. legal Impossibility is a defense.
3. Abandonment is not a defense if D had the intent and committed an overt act.

Question 8

Homicide - Murder

Answer 8

Murder is the unlawful killing of a human being with malice aforethought. Malice exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following mind states:

1. Intent to Kill
2. Intent to inflict Great Bodily Injury
3. Reckless Indifference to an unjustifiably high risk to human life.
4. Intent to commit an inherently dangerous felony.

Question 9

Homicide - Felony Murder

Answer 9

Any death caused in the commission of or in an attempted commission of an inherently dangerous felony.

Limitations on Liability:
1. D must be guilty of the underlying felony, If D has defense to underlying felony then that defense applies
2. Felony committed has to be something other than killing
3. Death must have been foreseeable result of the felony
4. Deaths caused while fleeing are Felony Murder but once D reaches relative point of safety liability ceases.

Redline View: D is not liable for death of a co-felon as a result of resistance by Victim or Police.

Question 10

Homicide - Degrees of Murder

Answer 10

A murder will be 2nd degree unless it comes under the following circumstances, in which case it will be 1st degree:

1. Deliberate and Premeditated (D made decision to kill in cool dispassionate manner and reflected on decision to kill)
2. Felony Murder

Question 11

Homicide - Voluntary Manslaughter

Answer 11

A killing that would be murder but for the existence of adequate provocation. Provocation is only adequate if:

1. Provocation is the type that would arose sudden and intense passion in mind of an ordinary person causing him to lose self-control,
2. D was in fact provoked,
3. There was insufficient time between provocation and the killing for D to cool off, and
4. D in fact did not cool off.

Question 12

Homicide - Involuntary manslaughter

Answer 12

A killing committed with criminal negligence (D was grossly negligent) or during the commission of an unlawful act constituting a misdemeanor.

Question 13

Battery

Answer 13

An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. Must be either intentional, reckless, or criminally negligent. Simple battery may give rise to aggravated battery where D caused serious bodily injury, D uses a deadly weapon, or V is a protected class (woman, child, popo).

Question 14

Assault

Answer 14

Two Types:

1. “Attempted Battery” Assault - D intended to commit battery but did not complete.
2. “Fear of Battery” Assault - D intentionally put V in reasonable apprehension of imminent bodily harm.

Simple assault may rise to aggravated assault where D acts with intent to commit a violent crime (rape or murder), D uses a dangerous weapon, or V is specially protected.

Question 15

Rape

Answer 15

Modernly, rape is the unlawful carnal knowledge of a person by another without effective consent. Slightest penetration is sufficient.

Lack of effective consent means intercourse is by force or by threat of force, V is incapable of consenting (mental condition, unconscious, intoxicated) or V is fraudulently caused to believe that it is not intercourse.

Question 16

Kidnapping

Answer 16

Unlawful confinement of V w/o consent via movement of V or concealment of V in a “secret” place

Confinement: V is compelled to go where he doesn’t wish to go or remain where he doesn’t wish to remain

Children and the mentally disabled lack legal capacity to consent, so their consent is irrelevant

Question 17

False Imprisonment

Answer 17

Unlawful confinement of a person without consent. Confinement must “interfere substantially” with V’s liberty.

Not confinement (or FI) to prevent a person from going somewhere, if alternate route is available

Question 18

Theft - Larceny

Answer 18

(1) A taking [obtaining control], (2) and carrying away, (3) of tangible personal prop., (4) of another with possession, (5) by trespass [without consent or with consent obtained via fraud], (6) with intent to permanently deprive the person of her interest in the prop.

Specific Intent Crime - Any mistake [reasonable or unreasonable] is a defense. Voluntary Intoxication is a defense.

Question 19

Theft - Embezzlement

Answer 19

(1) The fraudulent, (2) conversion [dealing with the property in a manner inconsistent with arrangement by which D had possession], (3) of personal prop., (4) of another, (5) by a person in legal possession of that prop.

Question 20

Theft - False Pretenses

Answer 20

(1) Obtaining title, (2) to personal prop. of another, (3) by intentional false statement of past or existing fact, (4) with intent to defraud the other.

Distinguish Larceny by Trick - If V is tricked by misrepresentation of fact into giving up mere possession of property, larceny by trick. If V is trick into giving up title to prop. then false pretenses.

Question 21

Theft - Receiving Stolen Prop.

Answer 21

(1) Receiving possession and control, (2) of stolen personal prop., (3) known to have been obtained in a manner constituting a criminal offense, (4) by another person, (5) with the intent to permanently deprive the owner of his interest in the prop.

Prop must be be stolen at the time D received it. If police and real owner are in on the gig, then D can’t be convicted for receipt of stolen prop [only attempt if D intended to receive the prop. believing it was stolen].

Question 22

Robbery

Answer 22

Larceny and Assault Combined

(1) a taking, (2) of personal prop. of another, (3) from the other’s person or presence, (4) by force or threats of immediate death or physical injury to V, a member of their family, or some person in V’s presence, (5) with the intent to permanently deprive that person of the prop.

V must have given up prop. because they felt threatened, any small amount of violence will usually suffice.

Question 23

Extortion

Answer 23

Obtaining property by threat of harm or exposing information (need not be immediate or in V’s presence)

Claim of right is NOT a defense

Question 24

Burglary

Answer 24

(1) A breaking [creating or enlarging an opening by at least minimal force, fraud, intimidation]
(2) An Entering [placing any portion of the body or an instrument used to commit the crime into the structure]
(3) Of a Dwelling [structure regularly used for sleeping]
(4) Of Another [ownership is irrelevant, only need occupancy by other than D]
(6) With intent to commit a felony therein [felony need not be carried out]

Question 25

Arson

Answer 25

(1) the malicious [i.e. intentional or with reckless disregard of an obvious risk] (2) burning [requires damage be done] (3) of the dwelling (4) of another Not enough if you accidentally or negligently cause fire to start but if you do, then you have a duty to take reasonable steps to prevent it from spreading.

Question 26

Defenses -Self Defense - Non Deadly Force

Answer 26

V may use proportional non-deadly force in self-defense anytime V reasonably believes it is necessary to protect herself from the imminent use of unlawful force on her.

Question 27

Defenses -Self Defense - Deadly Force

Answer 27

Majority rule is that D may use deadly force in self-defense if (1) D is without fault, (2) D is confronted with unlawful force and (3) D is threatened with imminent death or grate bodily harm. Minority rule is that D may not use deadly force if there is an opportunity to safely retreat [unless the attack occurs in D's home, a police officer is making a lawful arrest, or if D is being raped/robbed]. Imperfect Self-Defense to murder [where D was unreasonable in their belief as to necessary force] can mitigate murder to manslaughter.

Question 28

Defenses -Self Defense - Defense of Others

Answer 28

If D reasonably believes another person is being unlawfully attacked, D is entitled to defend that person from attack to the same extent that person would be entitled to defend himself. Deadly force allowed only if threatened with death or great bodily harm.

Question 29

Defenses -Self Defense - Prop. Defense

Answer 29

Nondeadly force may be used to prevent or terminate what is reasonably regarded as an unlawful entry into or attack on the defender’s dwelling. Deadly force may be used only to prevent a violent entry made w/ the intent to commit a personal attack on an inhabitant or to prevent an entry to commit a felony in the dwelling.

Question 30

Defenses - Insanity

Answer 30

M'Naughten - Mental disease caused D to either (1) not know that his act would be wrong OR (2) not understand the nature and quality of his actions. Irresistible Impulse - Because of mental illness, D was unable to control his actions or conform his conduct to the law. MPC - As a result of D's mental disease, D lacked the substantial capacity to either (1) appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law. Durham Product - Crime would not have been committed but for disease.

Question 31

Defenses - Voluntary Intoxication

Answer 31

Defense to specific intent crimes. Only if crime requires purpose (intent) or knowledge and intoxication prevent D from formulating the purpose or obtaining the knowledge. No defense to crimes involving malice, recklessness, negligence, or strict liability.

Question 32

Defenses - Involuntary Intoxication

Answer 32

Involuntary only if results from taking an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of intoxicating affect. Treated as insanity.

Question 33

Defenses - Entrapment

Answer 33

Requires that (1) the criminal design originated with law enforcement officers AND (2) the D was not predisposed to commit the crime prior to contact by the government. Very narrow defense, merely providing the opportunity for predisposed person to commit a crime is not entrapment.

Question 34

Defenses - Mistake of Fact

Answer 34

Mistake or ignorance of fact where D lacked the state of mind required for the crime SI crimes: any mistake (reasonable/unreasonable). GI crimes: reasonable mistakes only For strict liability, mistake is not a defense (does not matter if Δ lacked the required state of mind)

Question 35

Defenses - Mistake of Law

Answer 35

Generally, ignorance of law is no defense. May be a defense to crimes requiring knowledge.

Question 36

Defenses - Necessity

Answer 36

D reasonably believed (objectively—good-faith belief is insufficient) that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime. Not a defense to killing a person or if D created the situation requiring the necessity.

Question 37

Defenses - Duress

Answer 37

D reasonably believed that the only way to avoid threat of imminent death or great bodily harm by a human (cf. necessity where threat may be non-human) on him or family member is to commit the crime. Not a defense to killing a person

Question 38

Defenses - Consent

Answer 38

Consent usually not a defense unless crime requires lack of consent of V (rape) or minor assaults and batteries. Applicable only if (1) consent is freely given, (2) the party is capable of consenting, and (3) no fraud was used to obtain consent.