Criminal Law Flashcards
CRIM K
Criminal's state of Mind C-criminally Negligent R-recklessly (wantonly) I-intentionally M-maliciously K-knowingly
Elements of a crime
A crime consists of an acts rea (physical act) and a mens era (mental state) which together violate a criminal statute, which was factually and proximately caused by the act.
Burden of proof
The People bear the burden of proving beyond a reasonable doubt that the D’s had the necessary mens rea
Accomplice Liability
In order to hold an accomplice liable for the crimes of the principal, the prosecution must prove:
- the accomplice ASSISTED the principal in the commission of the crime, and
- that the accomplice acted with BOTH the INTENT to ASSIST the principal and the intent that the PRINCIPAL COMMITS THE OFFENSE
Crime of Solicitation- TACO
T-Ascertainable terms
A- Acceptance
C- Consideration
O- Officer
Criminal Negligence (C in CRIM K)
Mens Rea exceeds that for mere Tort Negligence.
Criminal negligence requires a FAILURE by the D to PERCEIVE a risk so SUBSTANTIAL and UNJUSTIFIABLE that it constitutes a GROSS DEVIATION from the standard of care that a reasonable person would observe in the same situation.
R- Criminal Recklessness (wanton conduct)
Exists when the D perceives a substantial and unjustifiable risk, but consciously disregards it and his conduct constitutes a gross deviation from the behavior expected of a reasonable person.
I- Intent (purposely in MPC)
Exists when the defendant CONSCIOUSLY DESIRES to bring about a result or is aware that his conduct is SUBSTANTIALLY CERTAIN to bring it about.
General intent
Specific Intent (most intent crimes requires specific intent)
General Intent v. specific intent
GI: Requires that the defendant intent to perform the physical act prohibited by the penal law.
SI: When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.
(GENERAL INTENT + the D’s subjective purpose of yielding some additional prohibited consequences.
Transferred Intent
The tort doctrine of transferred intent arises when the D’s intentional conduct causes harm to an unintended victim. Limited to results that would cause the same type of harm.
Maliciousness
Exists when the D acts either INTENTIONALLY OR RECKLESSLY
Knowingly
Exists when the D acts with an AWARENESS that certain facts or circumstances exist.
Cannot be charged with crime of knowledge if he acts mistakenly.
Under the doctrine of conscious avoidance, the jury will be instructed that they can find a D acted knowingly, if he acted with willful blindness of particular facts
Strict Liability Crimes
is imposed for the welfare of the public to discourage certain conduct. Only proof of the Acts Reus is required, w/o regard to the D’s mental state
Principal in the second degree (aka aider or abettor)
PEAS
1- INTENTIONALLY renders some assistant
- stands by with an intent to render aid if needed. This is someone who is present and encourages the commission of the crime with the same MENS rea as the principal in the first degree.
P- Present at the crime scene (intentionally renders some assistance OR stands by with an intent that the crime be committed, and with an intender to render aid if needed)
E- Encouraged the crime
A- Assisted in its commission
S- Shared the same mens res as principal 1st degree
Requires “scienter”
Accessory Before the Fact (accomplices)
A3CES
A- Absent from the scene of the crime, Assists, AIDS, ABETS
C-Commands or
E- Encourages the criminal plan
S-Shared same mens rea as principal 1st degree
Accessory After the Fact
Is a person who renders assistance AFTER the crime is completed. Such person will be charged with the crime of hindering prosecution, if the People can prove beyond a reasonable doubt that the D knew that he was assisting someone who had a committed a felony. The D must act with a SPECIFIC INTENT to prevent, impede, or delay discovery of evidence or discovery of the D. CANNOT BE CONVICTED AS ACCOMPLICE OR FOR CRIME OF CONSPIRACY B/C MENS REA WAS AFTER THE FACT
Must have specific intent to DIP
D- Delay the felon’s capture
I- Impede the felon’s capture
P- Present the felon’s capture
Will be charged with hindering prosecution, if the People can prove beyond a reasonable doubt that the D knew that he was assisting someone who had committed a felony.
Crime of Conspiracy
An AGREEMENT of two or more parties the SPECIFIC INTENT to COMMIT a crime. Conspiracy itself is a crime, so even if the underlying crime that was subject of the agreement never comes to fruition, a conspiracy to commit that crime has still be committed.
At common law, no additional OVERT ACT was required for conspiracy. However, today most state and federal statutes expressly require some overt act in furtherance of the agreement.
MPC and in most states, a conspirator is not liable for the crimes committed by another unless he SUFFICIENTLY PARTICIPATED in those crimes to be an accomplice to them.
Exception: BRAKERS (violent felonies)
Crime of Attempt
to intentionally try to commit a crime, but not succeed.
CL: requires only some activity BEYOND mere preparation
MPC and the majority: require a “substantial step” toward the commission of the crime strongly CORROBORATING the D’s criminal purpose. Mere preparation is not sufficient.
Minority: D is guilty of a crime of attempt only if she is “DANGEROUSLY NEAR” or “ON THE VERGE” of accomplishing the contemplated crime, while others describe it as “PROXIMATE” to the crime.
FACTUAL IMPOSSIBILITY IS NEVER A DEFENSE. Legal impossibility is a valid defense (“crime” is actually lawful)
Homicide
Occurs when one human being causes the death of another. Homicide includes both murder and manslaughter
If malice aforethought—> P must prove that D intended to cause death or great bodily harm or exhibited extreme and reckless indifference to the value of life.
Murder
FIGS MAN
F- Felony Murder
I- Intentional murder
G- D’s conduct created a GRAVE risk of death and D was aware of the risk and consciously disregarded it by displaying indifference to the victim’s life
S- Intent to cause SERIOUS bodily harm that results in death
MAN- Manslaughter (voluntary and involuntary)
Causation
To determine causation, courts inquire whether the D’s conduct was both
- the FACTUAL CAUSE, but for the defendant’s conduct the victim would not have suffered injury
- the PROXIMATE CAUSE, the defendant’s conduct was a “substantial factor” in the victim’s death or serious injury
A foreseeable intervening cause does not break the causation chain. A defendant will not be liable for his criminal conduct only if an intervening act was so “out-of the ordinary” that is is no longer fair to hold the D criminally responsible for the crime
Felony Murder
Felony murder usually is an unintended homicide occurring during the COMMISSION, ATTEMPT OR FLIGHT from a dangerously inherent felony. The purpose of the felonious conduct must be independent of the homicide. The felon is held strictly liable for the unintended death.
The felony is deemed to end once the D reaches a “safe harbor” at which time there is a break in the chain of events.
Accomplices are guilty for any deaths caused during the dangerous felony. UNLESS CUB
Agency Doctrine requires one of the felons to proximately cause the accidental killing for a felony murder to occur.
Some states recognize felony murder even if the act causing accidental death was not committed by a felon.
Deaths caused during _________felony amount to felony murder, but deaths caused during ______felonies do not.
BRAKERS | LAB
B- Burglary R- Robbery A- Arson K- Kidnapping E- Escape R- Rape S- Criminal SEXUAL ACT
L-Larceny
A- Assault
B- Battery
An accomplice is not guilty of felony murder if he was only a ______.
CUB
C-the accomplice didn’t COMMIT, command or request the homicide
U- the accomplice was UNARMED with a deadly instrument or substance readily capable of causing death or serious physical injury AND
B- the accomplice had no reason to BELIEVE another co-conspirator was armed or intended to engage in conduct likely to result in death
Intentional Murder
In majority: the P must prove that the D “with premeditation (preconceived intent to kill) and deliberation (cool reflection)”, desired to cause the death of another, and in fact caused the death of that person or a third person.
Minority: do not require premeditation and deliberation and define murder simply as intentionally killing another.
Where the D intentionally uses a deadly weapon and death results then the jury may infer that the D intended to kill that person
Depraved Indifference Murder
Exists when the D creates and CONSCIOUSLY DISREGARDS an UNJUSTIFIABLE, GRAVE risk of death to his victim, and in disregarding it, he demonstrates a depraved indifference to the value of human life.
Significant minority: RECKLESS MANSLAUGHTER or INTENTIONAL MURDER
Voluntary Manslaughter
Occurs where the D INTENTIONALLY committed murder, but D’s intent arose under circumstances of EED or in the HOP
Verbal insults are to sufficient provocation. Adultery aggravated battery, or a serious criminal assault may be sufficient.
Involuntary Manslaughter
The Dd causes the death of another human being by engaging in conduct that creates an unreasonable risk of death or serious bodily injury.
Majority: Reckless manslaughter: involuntary manslaughter arises where the D is aware of a SUBSTANTIAL RISK of death or bodily injury but despite this knowledge the D consciously disregards the risk.
minority: Criminally negligent homicide arises when a defendant fails to PERCEIVE a substantial and unjustified high risk of death or serious bodily injury that a reasonable person would have been aware of
Burglary
I-BEND (intent to commit a felony, breaking, entering, nighttime, dwelling)
At common law burglary required an unauthorized breaking and entering into another’s dwelling during the night with a specific intent to commit a felony therein.
Today, the general intent of criminal trespass is entering or remaining unlawfully on realty. Burglary is the general intent crime of criminal trespass coupled with the specific intent to commit a crime therein. (add sentence on general intent and specific intent)
Breaking occurs by entering force to remove a barrier to enter the dwelling. (breaking may occur after entering a dwelling (if not before) i.e. opening a bedroom door).
Entering occurs where any part of the D’s body enters the premises.
Crime against habitation, thus D may be convicted and consecutively sentenced for both burglary and the crime attempted or committed within.
Constructive breaking and entering
if consent to enter was obtained by fraud, when an intruder, intending criminal conduct, who breaks the barrier with a lie or deception
How has the MPC expanded burglary?
It includes any structure or vehicle either for overnight lodging or to carry on a business, day or night, and have eliminated the “breaking element”.
Knowingly entering or remaining in a structure unlawfully.
Affirmative offenses afforded if building or structure was abandoned.
Arson
At common law, arson was the malicious burning of the dwelling of another. Common law defined “dwelling as a structure used for overnight habitation, but one was not required to be in the dwelling at the time of the burning.
By statute, most jurisdictions have expanded arson to include any “structure”, used either for overnight lodging or to carry on a business.
Total destruction is not required, but there must be more damage than mere blackening by smoke.
