Criminal Law Flashcards
What is Actus Reus?
“Guilty Act”
Voluntary conscious act that causes an unlawful result;
- Reflexes or sleepwalking lack volition, so they are not considered criminal acts.
- Acts performed under duress are volitional, but may be excused under a defense of duress defense.
OR
Omission when the defendant has a duty and the ability to act.
- Statutory duties (law enforcement)
- Legal duty by contract (lifeguard/nursing home)
- Status relationship (husband/wife, parent/child)
- Voluntary undertaking to rescue that is abandoned
- Failing to help after creating risk (hit & run)
What are the categories of mens rea and their definitions?
- Purpose: the conscious objective of the act is to bring about the prohibited result.
- Knowledge: the defendant knows, with almost absolute certainty, that the act will produce the prohibited result.
- Recklessness: the defendant is aware that the conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyway.
- Criminal negligence: creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.
Notes: Some terms refer to multiple categories:
• Intent: Acts intentionally with purpose or knowledge.
• Willful: Acts purposefully or knowingly, with moral turpitude (similar to intent).
What are the types of intent and their definitions?
- Specific intent: requires proof that the defendant intended to create a specifically prohibited harm; includes acts done purposefully or knowingly (“with intent to”).
- General intent only requires a desire to do the prohibited act; includes reckless and negligent states of mind
How can specific intent be nullified?
Nullified by an honest but unreasonable mistake of fact or by voluntary intoxication. [honest mistake nullifies specific intent, even though unreasonable]
How can general intent be nullified?
Nullified by an honest and reasonable mistake of fact.
What is the mens rea element for strict liability?
Strict liability has no mens rea element. A voluntary act = guilt.
-Mistake of fact is never a defense (e.g., for statutory rape, where the defendant mistakenly believes the victim was of legal age).
What is transferred intent?
Transferred intent occurs when the defendant intends to produce a criminal result against one party, but harms another instead. The intent transfers from the intended victim to the unintended victim.
What is concurrence?
Concurrence requires the prosecution to prove that the act that caused the criminal result was actuated (set in motion) by the requisite criminal state of mind. – the mental state must drive the act
What is concurrence?
Concurrence requires the prosecution to prove that the act that caused the criminal result was actuated (set in motion) by the requisite criminal state of mind. – the mental state must drive the act
Both actual cause and proximate (legal) cause are required to prove a criminal act. How can actual causation be satisfied?
Actual cause (cause in fact) can be satisfied by one of three tests:
- But for: The result would not have occurred but for D’s conduct.
- Substantial Factor: Multiple causes/parties are responsible for the result, but D’s act was a substantial factor in causing the criminal result.
- Acceleration: The defendant’s conduct speeds up an inevitable death (victim already dying), even if briefly.
Both actual cause and proximate (legal) cause are required to prove a criminal act. How can proximate causation be satisfied?
Proximate cause requires the resultant harm to be within the risk created by the defendant’s conduct in crimes involving negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent.
When can an intervening event supersede (cut off) the defendant’s responsibility?
If the intervening event is foreseeable, it will not supersede. D is still responsible.
o Foreseeable = simple negligence or unknown special sensitivities/vulnerabilities of the victim (you must take the victim as you find him).
o Simple negligence by someone else; special sensitivities (eggshell)
If the intervening event is unforeseeable, it normally will supersede. It relieves D of responsibility and breaks the casual connection to the criminal result.
o Unforeseeable = grossly negligent or reckless conduct.
When will a dependent or responsive intervention be unforeseeable, and thus relieve D of responsibility (break causal connection)?
If it’s a totally abnormal response to the defendant’s act.
When does an independent/coincidental intervention supersede the defendant’s responsibility?
It always will, except when an independent intervening force was foreseeable.
Example:
Franny is walking home from work in a high-crime area late at night when Mugger 1 attacks her. He shoots her in the leg and steals her briefcase. As Franny struggles to find her cell phone several minutes later, Mugger 2 (a third person) hits her in the head with a brick, steals her phone, and accelerates her death as the result of blood loss from the leg and head.
Although Mugger 2’s attack was independent of Mugger 1’s, and therefore a coincidence, due to the nature of the area and the time of night, it was an objectively foreseeable coincidence, and therefore insufficient to break the causal chain.
Criminal homicide is:
the unlawful killing of a human being by another
When is a killing unlawful?
When is it
- Committed as a result of a criminal state of mind (criminal mens rea); and
- Without legal justification or excuse (no defense).
Murder =
unlawful killing of a human being + malice
o Actus reus is the criminal act that causes death (an act + volition or omission when the defendant had a duty).
o At common law, death requires the victim to have been “born alive.”
o Death must be caused by someone else (suicide is not homicide).
o If the victim is already dying, speeding up the death is considered to be the cause-in-fact of the death.
What is the Year and a Day Rule? (in the context of murder)
- At common law a death that occurs after more than a year and a day is unforeseeable.
- Most states have eliminated this rule or extended the time period beyond one year, during which the defendant can be held responsible.
What are the four circumstances under which the defendant does not personally kill but is still responsible for a murder?
- Accomplice: may be held liable for the killer’s act.
- Conspiracy: all members of the conspiracy can be held responsible if:
• The homicide was a reasonably foreseeable result of the conspiracy; and
• The homicide was committed in furtherance of the conspiracy. - Substantial Factor: where the defendant and a third-party cause the victim’s death (actual cause).
• Note that proximate cause must still be determined. - Co-Felon: if the killing = felony murder, then co-felons may also be guilty of murder.
What are the 5 ways to establish malice?
- Intent to kill - The defendant acts with the purpose to kill another or with knowledge that their conduct will kill another.
- Intent to Cause Serious Bodily Harm - The defendant acts with the conscious desire or substantial certainty that their act will result in the victim’s serious/grievous injury. (and the victim dies)
- Depraved heart murder
- Felony murder
- Co-felon murder
What is depraved heart murder?
Unintentional killing resulting from:
o Reckless or grossly negligent conduct;
o That creates an extreme risk to others; and
o Demonstrates a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.
EXAMPLE: Death caused by forcing someone to play Russian roulette or pushing a heavy flower pot off a fifth-story balcony onto the busy street below.
What is felony murder? (malice automatically established)
Felony murder is:
o An intentional or accidental killing;
o Proximately caused;
o During the commission or attempted commission;
o Of a serious or inherently dangerous felony (BARRK).
What types of felonies are the “right type of felony” for felony murder?
“Right type of felony” – (1) felonies listed in a statute, or (2) felonies that are independent of the killing and inherently dangerous.
-The majority of states require the killing to be collateral (independent) to the felony. If the primary purpose of the felony is to cause serious physical harm, the felony is not independent and fails the collateral felony test. Felonies that fail this test are manslaughter, aggravated battery, aggravated assault, and mayhem.
Generally, the right types of felonies are:
-BARRK: Burglary; Arson; Rape; Robbery, and Kidnapping
The defendant pretended to be a doctor with a cancer cure and induced the victim to pay $5,000 for a medically worthless ointment that the defendant claimed would cure cancer. Practicing medicine without a license is a felony in the jurisdiction. If the victim had received competent medical treatment, the cancer would have been detected and cured. What is the jurisdictional split on whether this is a felony murder?
- In an abstract jurisdiction (majority), this would not be the “right type of felony” because practicing medicine without a license is not dangerous to human life in all situations.
- In a context jurisdiction (minority), if the victim dies of cancer, the defendant can be charged with felony murder because the context of the commission in this particular situation was inherently dangerous.
What is the timing requirement for a felony murder?
the death must be the result of injuries inflicted during the commission, attempt, or immediate flight from a felony.
- Felony starts when the defendant could be convicted of attempt.
- Terminates when the defendant reaches temporary safety.
How is co-felon felony murder responsibility determined?
When a crime is committed by multiple people and the victim is killed by one felon, whether the co-felon is responsible for that killing will vary depending on jurisdiction.
Modern majority agency rule limits felony murder responsibility to a killing committed by a co-felon. (agency – the other felon is your agent)
o Exempts felony murder responsibility for killings committed by non-felons.
o Some majority jurisdictions will still apply the felony murder rule when a non-felon kills another non-felon (the victim aims at a felon, but kills a bystander instead).
Common Law: Felony murder responsibility attaches to all felons for any homicide committed during a felony. Only requires that the killing be proximately caused by the commission of the felony. [much harsher]
What are the exceptions to co-felon felony murder responsibility?
- Non-violent felon – Minority common law rule: A co-felon is exempt from felony murder responsibility if they are not armed and did not participate/have knowledge of the other co-felons’ intent.
- Deserving victim – Minority common law rule: A co-felon is exempt from felony murder responsibility when anyone kills another co-felon.
- Redline limitation – Majority common law rule: A co-felon is exempt from felony murder responsibility if the police or victim kills a co-felon.
What is first-degree murder?
Proof that the defendant’s decision to kill was done with both premeditation and deliberation (P&D) elevates second-degree to first-degree murder. The defendant must consciously decide to kill, so they must actually intend to kill. Implied malice is not enough.
Premeditation means the defendant must think about the act of killing.
• Common law – Can premeditate immediately.
• Modern majority – Some time is necessary to think, but it can be brief. Most jurisdictions require that the premeditation occurred after the intent to kill was formed, which means proof of some reflection.
Deliberation means the defendant must make a deliberate choice to kill, which requires rational thought. (quality of thought, as opposed to time)
• Voluntary intoxication or diminished capacity may prevent deliberation.
What is second-degree murder?
Second-degree murder is any killing with malice, but without the additional element to prove first-degree murder. In a jurisdiction that defines first-degree murder only as murder with premeditation and deliberation, any murder committed without the purpose to kill must be second-degree murder.
What is voluntary manslaughter?
Voluntary manslaughter (heat of passion) is an intentional killing mitigated by adequate provocation or other circumstances negating malice. (so not murder)
What is required for the adequate provocation aspect of voluntary manslaughter?
Objective Component
• A provocation that would lead a reasonable person to lose self-control and fly into a sudden homicidal rage.
o Mere words are not enough (generally).
o Rage must be hot – be sure that a reasonable person would not have cooled off.
Subjective Component
• There must be a causal connection between the provocation and the killing.
• The defendant must actually have been provoked and must not have cooled off.
What mitigating circumstances can strip malice from intent to kill (reduces murder to manslaughter)?
- Diminished mental capacity (minority): Mental disturbance short of insanity. (different from insanity because insanity is a complete defense, not just a mitigating circumstance)
- Imperfect self-defense (many states): An honest but unreasonable judgment of necessity to use homicidal self-defense or defense of others.
What is involuntary manslaughter?
Involuntary manslaughter is an unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently extreme to rise to the level of implied malice (contrast to depraved heart murder – involuntary manslaughter not as extreme)
Unjustifiable Risk of Death or Injury to Others
-Recklessness: The defendant is subjectively aware of the risk and ignores it.
-Gross Negligence: The defendant is unaware of the risk, but a reasonable person would have been aware.
• Examples include mishandling loaded weapons, driving dangerously (DUI), and shaking a baby so hard that it causes death.
What is Misdemeanor-Manslaughter?
An unintentional killing that occurs during the commission or attempted commission of a misdemeanor that is malum in se (evil at its base), or of a felony that is not of the inherently dangerous type required for felony murder.
