Criminal Flashcards
Actus Reus
Physical Part - Overt Act
Elements of the crime describe the actions that the defendant performs or the result by the action.
Malum in Se
Wrong in itself / naturally evil
Malum Prohibitum
Something made wrong by legislation (like speeding)
Felony
In most jurisdictions, is a crime that is crime punishable by death or by a sentence of more then one (1) year even though the sentence actually imposed is one year or less. In some states, a crime is a felony if the sentence is to be served in a state prison as opposed to a county or city jail.
Misdemeanor
A lesser crime than a felony. In most jurisdictions, a crime is a misdemeanor if the highest penalty that can be imposed is one year or less.
Mens Res
Mental Part
Element of a crime which require a particular mental state at the time of the proscribed crime.
Criminal Law Checklist (High Level)
Mnemonic: Felons in Prison Habitually Purpose Planning Murderous Deeds
I. Formation II. Inchoate Crimes III. Crimes against the Person IV. Crimes against Habitation V. Crimes against Property VI. Property Interest VII. Miscellaneous Crimes VIII. Defenses, Justifications and Excuses
Formation (Checklist)
Actus Reus A. Mens Res/Transferred Intent/Concurrence/Merger B. Accomplice Liability Intent Knowledge Active Assistance Withdrawal C. Vicarious Liability Strict Liability Crimes Vicarious Liability
Inchoate Crimes (Checklist)
Inchoate Crimes (SAC) Solicitation Attempt Conspiracy Pinkertons Rule Whartons Rule
Crimes Against the Person (Checklist)
Crimes Against the Person
Homicide IRAC Homicide Causation Actual Cause Proximate Cause Murder/Malice Degree of Murder First Second Justifications Excuses Mitigation to Voluntary Manslaughter Involuntary Manslaughter
Non-Homicide Assault Battery False Imprisonment Kidnapping Mayhem Rape
Crimes against Habitation (Checklist)
Burglary
Arson
Merger Rule
Under the Merger Doctrine, when all the elements of one crime are included within the elements of another crime, the lesser crime merges with the greater and a defendant cannot be convicted of both crimes.
-Larceny merges with Robbery, battery merges with murder
Additionally, the Merger Rule applies to solicitation and attempt to prevent a person from being convicted of either of these and of the completed target crime.
Solicitation
Solicitation occurs when one counsels, incites, solicits, or requests another tom commit an unlawful act.
Merger Rule for Solicitation
1. Solicitation merges with an attempt, conspiracy, or target offense.
2. Solicitor cannot be punished for both the solicitation and the other crimes.
3. If the solicitee actually commits the target crime, then the solicitor can be help criminally liable for it.
4. If the solicitee takes no steps in furtherance of the target crime, then the solicitor is guilty of the solicitation but there is no merger.
Withdrawal from Solicitation
Rule Split:
Common Law:
Withdrawal has no effect as to the solicitation but will avoid accomplice liability.
MPC
Withdrawal is recognized as a defense if the defendant manifests “complete and voluntary “abandonment of criminal purpose.
Impossibility and Solicitation
Rule Split
Common Law:
Impossibility of committing the target crime is a valid defense.
MPC:
Impossibility of committing the target crime is not a valid defense.