Criminal Law Flashcards
What law to apply on the exam?
Apply the majority rule (often the modern rule or CL rule if no modern majority rule); apply the MPC only if asked (minority rule).
General Principles –> Constitutional Issues: Void-for-Vagueness Doctrine
Under DPC of 5A and 14A: People must be on notice that certain conduct is forbidden.
–> SCOTUS: criminal statutes must be specific and give a person of ordinary intelligence “fair notice” of what conduct is prohibited.
Void for Vagueness Doctrine
–> Requires statutes to be fair and consistent in their enforcement and not be arbitrarily or erratically enforced.
General Principles –> Constitutional Issues: Ex Post Facto (3 scenarios)
EPF laws forbidden. EPF law retroactively:
(1) makes conduct criminal;
(2) enforces a stricter punishment for the same conduct; or
(3) alters procedural or evidentiary rules in such a way that the criminal D may be more easily convicted.
General Principles –> Elements of Crimes: 3 (Sometimes 4) Elements of Pros Case
Prosecution must prove:
(1) Actus reus (guilty act)
(2) Mens rea (guilty mind)
(3) Concurrence in time between act and requisite state of mind
(4) Some (but not most) crimes require the occurrence of a result for the crime to be complete (ex: homicide requires victim die)
General Principles –> Elements of Crimes: Actus Reus (2 Scenarios) / Liability for Omission
Element Met By:
(1) a voluntary act that causes an unlawful result;
–> Acts that are reflexive, convulsive, performed while.
unconscious, or otherwise involuntary are insufficient,
as are mere bad thoughts unaccompanied by action.
————> However, habitual acts that one is
simply unaware of are conscious and voluntary.
(2) an omission to act where the D is under a legal duty to act; or
A D may be criminally liable for an omission when:
(1) there is a legal duty to act; and
(2) the D can physically perform the act
(3) vicarious liability where the D is responsible for the acts of another party.
General Principles –> Elements of Crimes: Mens Rea - 5 Mental States
Intentionally
–> D desires that acts cause certain consequences or knows that acts are substantially certain to produce those consequences.
Knowingly
–> D knows the nature and/or result of his conduct; lack of knowledge can often excuse criminal liability under defense of mistake of fact.
Purposely
–> There exists a conscious objective to engage in such conduct or to cause such a result.
Recklessly
- -> D consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
- -> Risk must be of a nature/degree that its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the D’s situation
Willfully
–> Encompasses concepts of intentionally and purposely (as opposed to accidentally or negligently) and has been used to imply evil purpose in crimes involving moral turpitude.
General Principles –> Elements of Crimes: Mens Rea - Criminal Negligence
Requires D’s conduct create a high degree of risk of death or serious injury.
–> Degree of risk is more than mere ordinary neg, but less than wanton and willful misconduct.
General Principles –> Elements of Crimes: Mens Rea - Specific Intent Crime + 2 ways to show
SIC involves more than the objective fault required by merely doing the proscribed actus reus.
D possesses SI if:
(1) he wants, hopes, or wishes that his conduct will bring about a particular result, regardless of the objective likelihood of the result occurring (unless the result is inherently impossible)
(2) he expects (is substantially certain) that his purposeful act will have that particular result, even though he does not necessarily want a particular result
General Principles –> Elements of Crimes: Mens Rea - General Intent Crime
GIC requires commission of an unlawful act (ie nonconsensual intercourse) without a specific mens rea.
- -> A bad state of mind will suffice where such a criminal act is committed voluntarily and purposely.
- -> Neg/recklessness sufficient mental state for GIC (AKA criminal neg/gross neg/culpable neg).
General Principles –> Elements of Crimes: Mens Rea - Malice
D acts intentionally or with reckless disregard of an obvious or known risk that the particular harmful result will occur
General Principles –> Elements of Crimes: Mens Rea - Strict Liability
Culpability is imposed on a D merely for doing the act that is prohibited by statute.
–> No particular mental state is required for at least some element of a SL crime
General Principles –> Elements of Crimes: Mens Rea - Transferred Intent Doctrine
Preserves liability where a D intends criminal conduct against one party but instead harms another party, so that his actions bring about an unintended, yet still criminal, result.
–> Applies only to completed crimes, not attempt crimes
General Principles –> Elements of Crimes: Mens Rea - Classifications of Crimes Examples
SIC examples: attempt, solicitation, conspiracy, larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, assault, robbery, intent to kill murder, voluntary manslaughter
GIC examples: battery, rape, kidnapping, FI, invol mansla, DH murder
Malicious Crimes: arson, CL murder
SL Crimes: regulatory offenses, public welfare offenses, morality crimes, selling liquor to minors
General Principles –> Elements of Crimes: Concurrence in Time
It is not only necessary that D’s criminal intent occur at time he commits the criminal act, but that the mental state should also actuate (or put into action) the act or omission.
General Principles –> Elements of Crimes: Occurrence of a Result - Actual Cause 3 Tests
The D’s conduct must be both the actual and the proximate cause of the specified criminal result.
Actual Cause (cause in fact) satisfied by any of 3 tests:
(1) if the criminal result would not have occurred absent D’s act
(2) when there are multiple causes/other parties responsible for criminal result, cts will find a D responsible if the D’s act was a substantial factor causing the criminal result; or
(3) where a D’s conduct speeds up an inevitable death, even by a very brief amount of time
General Principles –> Elements of Crimes: Intervening Cause (dependent v independent)
To relieve the D of liability and break the chain of PC, the other force must be a superseding intervening cause.
–> Question: whether the intervening force is dependent on or independent of the D’s act.
Dependent intervening cause
- -> an intervening force that is a result of or response to the D’s act is a dependent intervening cause.
- -> will supersede the D’s act only when it is a totally abnormal response to the D’s act
Independent intervening cause
- -> an independent intervening cause is one that would have occurred regardless of the D’s act.
- -> will normally supersede the D’s act, EXCEPT when the independent intervening force was foreseeable
Crimes Against the Person –> Homicide: Definition
Results when there is a killing of a human being caused by another human being (D).
–> Results from some action or actions of the D that cause the death of another human being, with criminal intent, and without legal excuse or justification
Crimes Against the Person –> Homicide: Murder (+ 3 reqs)
Definition
–> The unlawful killing of a human being w/ malice aforethought.
Requirements
Actus reus
–> A voluntary act, an involuntary act arising from a voluntary act (seizure prone person driving car), or an omission to act where there is a legal duty to do so.
AC
- -> Acceleration: when victim already dying, if D’s actions bring about death more quickly than if D had not acted, D’s actions were AC.
- -> May be found responsible for death W/O AC if:
(1) a D who is an accomplice
(2) a D who is a member of a conspiracy where the reasonable result of a conspiracy is homicide and the homicide was committed in furtherance of conspiracy
(3) a D who kills victim together with 3rd party, causation question depends on whether D’s act was direct or indirect cause
(4) a D causes the death of another (even if not at his own hands) during commission of or in attempt to commit felony (IE felony murder)
PC
- -> Where victim’s death was natural and probable as a conseq of D’s conduct, does not matter whether D foresaw the exact chain of events resulting in victim’s death.
- -> CL: if victim died more than one year and one day after D’s act, D’s act not PC (most states have eliminated/extended this rule).
Notes
- -> People who fail to prevent injury/death not generally liable for victim’s condition unless they have duty to act.
- -> Where victim has unusual condition that contributes to his death, D can still be guilty of murder (takes him as he finds him)
Crimes Against the Person –> Homicide: Murder - Four Forms of Mens Rea
(1) Intent to kill - specific intent
(2) Intent to cause serious bodily harm
(3) Depraved heart
(4) Felony murder - BAARK
Crimes Against the Person –> Homicide: Murder - Mnemonic for Felony Murder Crimes
B - Burglary A - Arson R - Robbery R - Rape K - Kidnapping
Crimes Against the Person –> Homicide: Intent to Kill
Conduct where the D consciously desires to kill another person or makes the resulting death inevitable (absent justification, excuse, or mitigation to voluntary manslaughter).
Deadly Weapons Doctrine
–> An inference of intent to kill is raised through the intentional use of any instrument which, judging from its manner of use, is calculated to produce death or serious bodily injury.
Crimes Against the Person –> Homicide: Intent to Cause Serious Bodily Harm
Like intent to kill malice, intent to inflict serious bodily injury must be proved by examination of all surrounding circumstances, including words and behavior of D.
–> Similarly, intentional use of deadly weapon in a way that is likely to causes serious injury provides evidence of intent to inflict serious bodily harm
Crimes Against the Person –> Homicide: Depraved-Heart Murder
Unintentional killing resulting from conduct involving a wanton indifference to human life and a conscious disregard of an unreasonable risk of death/serious bodily injury.
–> A D may create a very high risk of death/serious bodily injury for a logical and socially reasonable purpose (then not DH murder).
Crimes Against the Person –> Homicide: Felony Murder
A killing proximately caused during the commission or attempted commission of a serious/inherently dangerous felony (generally includes both intentional and accidental killings).
- -> Mental state required: intent to commit underlying felony
- -> Felony starts when D could be convicted of attempting the underlying felony (no completion requirement); felony terminated when felon reaches place of temporary safety (while fleeing, still may be guilty).
Collateral
–> Some states have limited FM by requiring underlying felony be independent of homicide so that every felonious attack on a victim which is ultimately fatal does not become escalated to murder by the rule.
Inherently Dangerous Req
- -> Abstract test (majority): consider only the elements of the felony in the abstract and not the factual circumstances of the felony as committed
- -> Contextual test (minority): look at particular circumstances of the case to determine whether underlying offense is inherently dangerous
Foreseeable Outgrowth
–> Resulting death must have been a FO of D’s actions (most deaths considered foreseeable, very liberal test)
Crimes Against the Person –> Homicide: Murder by Degrees - 1D Murder
Includes intent to kill murder committed w/ premeditation and deliberation, felony murder, and (in some jdxs) murder accomplished by lying in wait, poison, terrorism, or torture.
- -> Some jdxs require little/nothing more than intent to kill to find premeditation and deliberation, but MOST jdxs require MORE.
- -> Most jdxs require a reasonable period of time for premeditation and some evidence of reflection in order to distinguish 1D murder from “spur of the moment killings”
Crimes Against the Person –> Homicide: Murder by Degrees - 2D Murder
Any murder that does not meet the requisite elements of 1D murder.
Examples:
(1) where the D’s malice is intent to inflict serious bodily injury
(2) where the D acted with wanton and willful misconduct; or
(3) FM, where underlying felony is not specifically listed in applicable 1D murder statutes
Crimes Against the Person –> Homicide: Murder by Degrees - Voluntary Manslaughter
An intentional killing by adequate provocation or other circumstances negating malice aforethought (AKA heat of passion killing).
Adequate provocation
- -> Measured objectively, must be such that a reasonable person would lose self-control.
- -> Causal connection must exist between legally adequate grounds for provocation and the killing.
- -> The time period between the heat of passion and the fatal act must not be long enough that a reasonable person would have cooled off.
- -> Exchange of mere words generally not considered adequate provocation.
Other mitigating circumstances: imperfect self defense
–> May mitigate murder to VM where a D was either at fault in starting an altercation or unreasonably, but honestly, believed that harm was imminent or deadly force was necessary.
Diminished capacity may mitigate murder to manslaughter
Crimes Against the Person –> Homicide: Murder by Degrees - Involuntary Manslaughter
An unintentional killing resulting w/o malice aforethought caused either by recklessness, criminal neg, or during the commission or attempted commission of an unlawful act.
–> Gross neg or criminally neg conduct is required, but majority of jdxs do NOT require D be consciously aware of risk created.
Misdemeanor-Manslaughter rule
–> An unintentional killing that occurs during the commission of a misdemeanor that is malum in se, or a felony that is not inherently dangerous type required for FM, is classified as involuntary manslaughter under this rule.
Crimes Against the Person –> Battery: Elements
Definition
- -> Criminal battery is the intentional, reckless, or criminally neg unlawful application of force to the person of the victim.
- ————> Act of applying force may be direct or indirect
Intent (GIC)
- -> D may be guilty where he acts:
(1) recklessly;
(2) negligently;
(3) w/ knowledge that his act (or omission) will result in criminal liability
Common circumstances elevating battery to agg battery:
(1) D causing victim serious bodily injury
(2) D using a deadly weapon to commit the battery
(3) D battering a woman, child, or LE officer
Crimes Against the Person –> Battery: Defenses
(1) Consent
- -> Valid defense where it is not coerced or obtained by fraud, but no defense to breach of the peace.
(2) Self defense and defense of others
(3) Where D commits offensive touching to prevent someone from committing a crime
Crimes Against the Person –> Assault: Elements
Modern law, D may commit by:
(1) attempting to commit battery; or
(2) intentionally causing the victim to fear an immediate battery
(1) Intended Battery
- -> Fact that victim was not aware of attempted battery no defense to assault.
- -> Most states do not allow D to avoid liability for attempt assault because the D lacked present ability to consummate battery.
(2) Intentional Fear
- -> A D who is guilty of fear of battery assault must intend to either cause the actionable apprehension or cause the victim to suffer bodily harm.
Reasonable Apprehension
–> Element of apprehension in this type of assault connotes expectation more than fear
Present/Immediate
–> Promise of future action generally not assault
Simple assault –> agg assault
(1) where D commits an assault w/ dangerous weapon
(2) where D acts w/ intent to serious injure, rape, or murder the victim
Crimes Against the Person –> Kidnapping: Elements
Elements; D:
(1) abducts or steals away any person;
- -> Can be met where victim is taken from one place to another or when they are secretly confined where the person is not likely to be found.
(2) without lawful authority or warrant; and
(3) holds that person against his/her will
CL: unlawful restraint of person’s liberty by force/show of force so as to send the victim to another country
Crimes Against the Person –> Kidnapping: Classification
CL: Misdemeanor; ML: felony
Number of states define certain types of kidnapping as being agg type, and thus deserving of higher punishment. Examples:
(1) where offense is committed and actor uses/exhibits a deadly weapon
(2) where the victim suffers serious bodily injury or sexual assault
(3) where the victim is held for ransom; or
(4) where the victim is a small child
Crimes Against the Person –> Rape: Definition and Elements
ML: sexual intercourse against a victim’s will by force, threat, or intimidation (requires proof of sexual intercourse w/ another compelled by force and against victim’s will or compelled by threat of bodily injury).
- -> Regardless of gender
- -> rebuttable presumption male under 14 incapable of rape
CL: unlawful sexual intercourse by a male person w/ a female person w/o her consent (penetration required, emission not).
–> male under 14 presumed incapable of rape
Any penetration, however slight, will satisfy requirements for rape.
Crimes Against the Person –> Rape: Resistance
Some rape statutes have been amended to eliminate any req that victim resist.
Where resistance remains element of rape:
(CL): Resistance or opposition by mere words typically not enough (must resist by acts).
(ML): verbal resistance sufficient for rape to occur
Crimes Against the Person –> Rape: Consent
If the victim is incapable of consenting, the intercourse is rape.
–> Inability to consent may be caused by the effect of drugs or intoxicating substances or by unconsciousness
Two Types of Consent Defenses:
(1) Consent defense
(2) Reasonable belief in consent defense
- -> A Ds reasonable and good faith mistake of fact re a victim’s consent to sexual intercourse is a defense to rape ————->Objective component: whether the D’s mistake re consent was reasonable under the circumstances (society views as reasonable)
- ————>Subjective component: whether the D honestly and in good faith (albeit mistakenly) believed that the victim consented to sexual intercourse
Crimes Against the Person –> Statutory Rape
Where a female is under the statutorily prescribed age of consent (usually 16) an act of intercourse constitutes rape despite her apparent consent (some jdxs extend to males).
- -> A Ds mistake as to age of consent generally no defense
- -> Where parties are validly married, no statutory rape
