Criminal Law Flashcards
Elements of a Crime:
- Guilty Mind
- Guilty Act (includes inaction if there is a legal duty)
- Causation
- Concurrence
Guilty Mind: Men’s Rea at Common Law
- Specific Intent: Defendant wants to achieve the specific result.
- General Intent: Defendant is generally aware of his actions
- Malice: Defendant acts recklessly or with intentional disregard of an obvious or known risk that the result will occur.
- Strict Liability: no mental state is required
Guilty Mind: Men’s Rea at MPC
- Purposely: defendant’s conscious object was to engage in the conduct/cause the result
- Knowingly: defendant is aware of his actions or that it’s practically certain to cause a result
- Recklessly: Defendant consciously disregards a substantial and unjustifiable risk, and grossly deviates from law-abiding person standard
- Negligently: Defendant should have been aware of a substantial and unjustifiable risk, and grossly deviates from a reasonable person standard
- Strict Liability: no mental state is required
Elements: Causation
Two types are needed:
- But-for causation
- Proximate causation
- Only need to foresee the result, not the manner in which it occurs
- Intervening acts must be unforeseeable
- Med mal after you shoot someone is foreseeable
- Eggshell skull rule applies
Elements: Concurrence
Defendant must have a guilty mind at the time they commit the guilty act.
Transferred Intent
- If defendant intends to harm Alex, but harms Bob, their intent will transfer from the victim they intended to harm to the actual victim.
Accomplice Liaiblity
Principal: person who commits the crime.
- He must be guilty for the accomplice to be liable (does not need to be convicted)
Accomplice: person who assists or encourages the principal w/ specific intent that the crime is committed.
- Does not apply to necessary parties/victims of crime
- Ex: encouragement, supplying material, getaway driver
- Not ex: witnesses, knowledge, failing to intervene (unless you have a duty)
Accomplice is guilty for all crimes they aid/encourage, and the natural and probable results of the crime he intended to assist.
MI does away with the distinction between the two: see aiding and abetting.
Michigan: Aiding and Abetting
Defendant is guilty of aiding and abetting if the prosecutor can show all three:
- Crime charged was committed by Defendant or another person
- Defendant performed acts/gave encouragement that assisted in committing the crime and
- Defendant intends commission of the crime, or knows that the principal intends its commission (at the time he provides aid/encouragement).
How can an accomplice avoid liability?
If he withdraws by:
- Repudiating encouragement before crime is committed
- Undoing assistance if he provided aid
- Notify the authorities or otherwise prevent the crime from happening (if he cannot do 1 or 2).
Accessory After the Fact
One is guilty of accessory after the fact if he:
- Knowingly assists a person who has committed a felony
- With knowledge that the felony has been committed and
- With the intent to help them avoid arrest, trial, or conviction.
NOTE: Accessory is not liable for the felony. They are liable under a theory of obstruction of justice.
Murder (1DM v. 2DM): Entire Analysis
Dfn: Causing the death of another human being with malice aforethought.
- Majority & MI: death can occur at any time
- CL: death must occur w/i 1 year and 1 day of act
First-Degree Murder
Intentional killing that requires both:
1. Premeditation (thought about it beforehand, even briefly); and
2. Deliberation (defendant makes a choice).
Deadly Weapon Rule: the use of a deadly weapon, or instrument that is used in a manner likely to produce serious bodily injury, creates a permissive inference of an intention to kill.
Peace Officers: 1DM includes killing a peace/corrections officer lawfully engaged in their duties if the defendant knew they were a peace/corrections officer lawfully engaged in performing their duties.
Second-Degree Murder
To satisfy malice aforethought:
1. Intent to cause grievous bodily harm and person dies (i.e., chop legs off; smash rock on your head; etc.)
- Depraved Heart Murder: extreme recklessness re: homicidal risk and someone dies
- Assess: High probability of causing death; disregard for human life; antisocial motive.
Felony Murder: Everything
Applies to any killing that occurs during:
- A felony
- Attempt to commit a felony
- Flight from a felony
Once defendant reaches a place of temporary safety, the felony ends (i.e., stop at friend’s house)
Common Law Limitations
- Inherently dangerous felony: it must entail an act that creates a substantial risk of death.
- MI: only certain crimes can serve as a felony: arson, larceny, robbery, home invasion, criminal sexual conduct, breaking or entering, etc.
- MI: Felony always requires proof of malice. - Independent felony: there must be felonious intent other than to assault/kill.
- Ex: rape, robbery, burglary, arson are subject to felony murder (but manslaughter is not). - Causation Rule: when third-party causes the death
A. Proximate Cause: if felon sets in motion the acts that cause the death, felon is liable.
B. Agency Theory: if person who causes the death is not a felon, it is not felony murder. - Felon must be guilty of the felony
- It must be a foreseeable death
- Redline Rule: victim cannot be a co-felon.
Manslaughter
Voluntary Manslaughter: Intentional killing without malice aforethought committed in the heat of passion due to adequate provocation.
Heat of Passion
- Objective: would a reasonable person in defendant’s position have had a chance to cool off?
- Subjective: Did defendant cool off?
Adequate Provocation
- Subjective: was the defendant provoked? (D’s emotional ability is not considered).
- Objective: the event would inflame the passions of a reasonable person and substantially impair his capacity for self-control
Ex: finding girl cheating; mutual fight; assault/battery
Mere Words
- MBE: not enough
- MI: Informational words that describe an event, that if witnessed first hand would be considered adequate provocation, are enough.
Involuntary Manslaughter
- Killing of another due to gross negligence (i.e., drunk driving; failing to care for baby)
- A killing during a misdemeanour or felony that does not qualify for felony murder.
- In MI, this must be committed with an intent to injure or in a grossly negligent manner.
Assault
Specific Intent
- Attempted Battery
- Defendant acts with specific intent to cause imminent apprehension of bodily harm to another, and the apprehension occurs.
Battery
General Intent
Defendant acts with the general intent to cause harmful or offensive contact, and that contact occurs.
Rape
General Intent
- Unlawful sexual intercourse
- Without consent (objectively viewed; not subj)
- And with the use, or threat of force, or when the victim is unconscious or incapable of consenting.
Statutory Rape
Strict Liability
Sex with a minor.
- Majority: Mistake of fact is not a defense
- MPC: Reasonable mistake of fact is a defense
Kidnapping
General Intent
CL: Unlawful confinement/restraint of another; and moving or concealing them.
- Does not have to be that large of a distance
MPC: Defendant must either remove victim from their residence, or move them a substantial distance from where they are found.
MI: Defendant knowingly, without consent, restricts/confines victim with the intent to:
A. Hold them for ransom
B. Hold them hostage
C. Have criminal sexual contact with them
D. Take them outside of MI
E. Hold them in involuntary servitude
False Imprisonment
General Intent
- The unlawful restraining or confinement of a person in a bounded area
- By force or threat of force
- And the victim knows of the confinement or is hurt by it
Arson
Common Law
- Malicious
- Burning (requires charring, NOT scorching - it must change the fibre of the building)
- Of the dwelling
- Of another
Michigan
Defendant willfully/maliciously burns, damages, or destroys, by fire or explosive, one of the following:
1. A multi-unit dwelling (1st-degree)
2. Real property that results in phys. injury (1st-degree)
3. A dwelling (2nd-degree)
4. A building (3rd-degree)
5. Personal property (3rd/4th-degree)
- Depends on the dollar value of the property and whether the person has a prior conviction
Theft Crimes
- Larceny
- Larceny by trick
- False pretenses
- Embezzlement
- Robbery
- Forgery
- Burglary
Larceny
- Trespassory
- Taking and carrying away (not just destroying)
- Of personal property of another
- With the intent to permanently deprive them of it.
- D cannot already be in possession of the property
- It can’t be abandoned property
- If they intend to give it back, it’s not larceny (unless it is for such a long period of time or it deprives the property of significant value)
- Not larceny if defendant thinks it is his
- Not larceny if defendant claims it as a repayment of debt (as long as it does not exceed value of debt)
Larceny: Continuing Trespass
If the defendant’s initial taking was a trespass, but he did not intend to steal it at that time, it is not larceny.
But if he forms the intent later to steal it, the initial taking ‘continues’ and he will be guilty of larceny.
Larceny by Trick
- Defendant intentionally makes a false representation
- Of a material fact (past/existing)
- To obtain custody (not title)
- Of personal property of another
If defendant intends to permanently take it, it is not larceny by trick.
False Pretenses
- Defendant intentionally makes a false representation
- Of a material fact (past/existing)
- To obtain title (not custody)
- Of personal property of another
- With the intent to defraud them
Victim must believe the false representation and rely on it.
Embezzlement
- Fraudulent conversion/misappropriation of
- Property of another
- By one already in lawful possession of that property
Robbery (MBE)
- Larceny (completed)
- Taking was from their person or presence
- With the use (or threat) of force
The force must be used to obtain possession of the property.
- The threat must be believable (victim must feel fear).
- Whether defendant can actually follow through is irrelevant.
Robbery (MI)
- A person who, in the course of committing a larceny
- Uses force against anyone present, assaults or puts the person in fear
Does not require a completed larceny!
‘In the course of’
- Includes attempted larceny
- Includes flight/attempted flight
Armed Robbery (MI)
If, while committing a robbery, the defendant:
- Possesses a weapon designed to be dangerous
- Possesses any object capable of causing serious injury and uses it as a weapon
- Possesses any object used in a manner to make the victim reasonably believe it was a weapon
- Or represents, in any way, they are possessing a weapon
Forgery
- Defendant makes (or alters) a false writing
- With the intent to defraud
The writings must have legal significance! Mere historical/artistic value is not enough.
Burglary (MBE)
- Breaking and entering
- The dwelling of another at night
- With the intent to commit a felony/larceny therein
- There must be some force to get in (not breaking if you walk through an open door).
- You can’t already be inside, hiding
- Look at defendant’s intent when they enter the dwelling
MI: Home Invasion/Breaking & Entering
- Defendant broke and entered dwelling, or entered dwelling without permission
- Defendant intended to commit a felony, larceny, or assault at the time of entering, or at any time defendant was present, they commit a felony, larceny, or assault; and
- At any time defendant was inside, they were armed with a dangerous weapon, or another person was lawfully present in the dwelling.
If you only have the first two elements, it is 2nd-degree home invasion. If you have all three, it’s 1st-degree.
*Dwelling includes attached structures like garages.
Receiving Stolen Goods
- Receiving possession and control
- Of stolen personal property
- Known to have been obtained in a criminal manner by another person
- With the intent to permanently deprive the owner
Possession
- Defendant knowingly takes/receives the object; OR
- Defendant was aware of his control for a sufficient period to have been able to terminate possession.
- Possession can be constructive
If the Statute requires ‘Knowingly’, he must know nature of the item possessed.
- Otherwise, he just must be aware of his possession, but does not need to know it is illegal.
Carjacking
- In the course of committing a larceny of a motor vehicle,
- Defendant uses (or threats) force, assaults, or puts another person in fear.
In the Course of
Includes any act inconsistent with the true owner’s right of possession.
Ex: If defendant cuts in front of someone to get to their car, that is sufficient enough force (even if he did not intend to keep the car forever).
Fleeing/Eluding
- Officer directs defendant to stop, in accordance with his duty; and
- Defendant willfully refuses to obey by trying to flee or avoid being caught
Bank Robbery
- Defendant puts someone in fear
2. For the purpose of stealing money from a bank/depository
Assault w/ Dangerous Weapon / Felony Assault
- Defendant attempts a battery or does an act to cause a reasonable person to apprehend a battery
- With the intent to injure them or make them reasonably fear an imminent battery
- At the time, defendant had, thought they had, or appeared to have the ability to commit a battery
- Defendant commits the assault with a dangerous weapon
- Any way likely to cause serious physical injury (i.e., swinging a branch; throwing chair)
Possession w/ Intent to Distribute
- Defendant knowingly possesses the substance (actual/constructive)
- With intent to deliver it to someone else; and
- The substance was a controlled substance and defendant knew it.
- He must actually be possessing a controlled substance, but he can be guilty with intent to deliver an imitation controlled substance.
Possession with intent to deliver < 50g of cocaine:
- Defendant must also know it was cocaine
- Know the weight was < 50 g; and
- Not be authorized to legally possess it
Felon in Possession
A felon cannot possess a firearm until, among other things:
- They complete all conditions of parole
- And wait a specific time period (usually 3-5 years under state law)
Felony Firearm Statute
Defendant is in possession of a firearm while committing/attempting to commit a felony.
Carrying a Concealed Weapon
A defendant cannot carry a firearm that is concealed on or about their person, or in a vehicle occupied by the person.
If they find out there is a weapon in the car when the cop pulls them over, it is a question of fact for the jury
- Self-defense is not a defense
When is a Defendant bound over the trial in Michigan?
When there is probable cause (does not require BARD to go to trial).
Ex: If there is a conflict re: identity of a robber, all of the potential robbers will be bound over trial.
Corpus Delicti Rule
A defendant’s confession cannot be admitted unless there is evidence, independent of the confession, that:
- The specific injury occurred; and
- There is some criminal agency re: source of the injury
These two only need to be met by a POE.
Lesser Included Offenses
A lesser included offense is a crime that an individual automatically commits by committing a more serious crime.
The trial court must instruct on a lesser included offense when it is rationally related to the evidence.
Incomplete Crimes
- Attempt
- Conspiracy
- Solicitation
Attempt
- Specific intent to commit crime (no attempt for felony murder; negligence/recklessness)
- An act in furtherance of the crime beyond preparation
What kind of act is needed?
- Majority/MPC: A substantial step
- CL: Act is dangerously close to completing offense.
- MI: Direct act would immediately lead to completion.
Defenses to Attempt
- True Legal Impossibility: even if it happened, it’s not illegal.
- Abandonment
- Majority: not a defense
- MI: Voluntary abandonment is a defense
- MPC: Complete and voluntary abandonment is a defense
(Mistake of fact is not a defense at all).
Conspiracy
- Agreement by 2+ people to commit a crime
- CL/MI: Must be 2+ guilty minds
- MPC: Defendant can be guilty even if the other party was acquitted or just pretending (i.e., undercover).
- Requires more than just necessary parties - An overt act in furtherance of the crime
- MI/CL: this is not required
- Act can be anything small (even prep) - Specific intent to enter into the agreement and accomplish the objectives of the conspiracy.
- Guilty of conspiracy AND the crime
- Does not matter if the crime happens/is impossible
- If you withdraw, you’re guilty of conspiracy, but not the crimes after you withdrew
Solicitation
- Defendant requests, encourages, advises, or commands someone commit a crime
- And has the specific intent that the crime be committed.
You can be guilty of solicitation OR the crime. Not both.
Defenses:
MI: Complete and voluntary withdrawal is a defense.
(Factual impossibility is NOT a defense).
Insanity
MPC/MI: Defendant must show he lacked capacity to:
- Understand his conduct; or
- Conform with the law.
Incompetent to Stand Trial
The defendant is insane if he is unable to:
- Help his lawyer prepare his defense; or
- Understand the nature of the proceeding against him.
Defendant is entitled to a hearing to determine whether he is incompetent.
Intoxication
Involuntary Intoxication
- Unaware of its nature
- Under duress
- W/ medical advice while unaware of the intoxicating effect
Voluntary Intoxication
CL: Only defense to specific intent
MI: Only defense to specific intent if:
1. D legally obtained and property used the substance
2. And was unaware of the intoxicating effect.
Mistake of Fact/Law
Fact
Specific intent crimes: good faith mistakes negated
General intent crimes: only neg. reasonable mistakes
Law
Not a defense, unless:
1. Statute was unavailable
2. Statute makes knowledge an element
3. D reasonably relies on a statute/judicial decision
4. D reasonably relies on someone charged by law to interpret, administer, or enforce the law.
Necessity
Defendant reasonably believes it was necessary to prevent a greater harm.
This is a valid defense unless:
- It causes death to protect property; or
- Defendant was at fault for creating the situation
Duress
Defendant had reasonable belief that if he did not commit the crime, he, or someone else, would suffer imminent death/serious bodily injury.
This defense is NOT available for homicide.
- In MI, it can be used for felony murder
Entrapment
- Cop impermissibly induces a law-abiding citizen to commit the crime; or
- Cop engages in conduct so reprehensible that it cannot be tolerated.
