Criminal Law Flashcards
What is the definition of specific intent?
the defendant committed the actus reus and did it with the purpose of causing the result that the law criminalizes
What are the four specific intent crimes under the common law?
FIAT
- first-degree murder
- inchoate crimes
- assault (with attempt to commit battery)
- theft offenses (including burglary)
What are the inchoate crimes? Which merge into the completed crime?
SAC
- Solicitation
- Attempt
- Conspiracy
+Attempt and solicitation merge into the completed crime
[keep conspiracy]
*inchoate means “unripened”
What are the two malice crimes?
- arson
- murder
What is the mens rea required when a statute uses “with intent to…?”
specific intent
What is the mens rea required when a statute uses “knowingly or recklessly?”
general intent
What is the mens rea required when a statute uses no mens rea language?
likely strict liability
According to the MPC, what is the hierarchy of mental states?
- purpose
- knowledge
- recklessness
- negligence
What is the majority and MPC approach to the mental state required of an accomplice?
The accomplice must
- act with the purpose of promoting the offense AND
- intend that her act will assist the criminal conduct
What is the definition of homicide?
the killing of a living human being by another human being
What is the definition of manslaughter?
all unlawful killings of another human being that are not first-degree murder or common law murder
What is a simple way to think of robbery?
Robbery = larceny + assault/battery
What is the modern definition of burglary?
breaking and entering the property of another with the specific intent to commit a felony inside
What is assault?
- An attempt to commit a battery OR
- the intent to place another in reasonable apprehension of imminent battery
What is criminal battery?
the intentional unlawful application of force to another person that causes bodily harm or constitutes an offensive touching
What is kidnapping?
the unlawful confinement, movement, or concealment of a person against their will.
+Unlawfully moving a victim a substantial distance through 2 states to facilitate a crime(e.g., robbery) constitutes kidnapping in both states
+Ex: tricking a woman to one’s home, calling her father for ransom, getting arrested, but the woman never knew about the plot. This is not kidnapping because it was not against the woman’s will
What are the two types of homicide?
murder
manslaughter
What is (common-law) murder?
the unlawful killing of another living human being with malice aforethought
What are the four ways to establish malice (the requisite mental state for murder)?
[FIDI]
1) felony murder
2) intent to kill
3) depraved-heart (reckless indifference to the value of human life)
4) intent to comit grievous bodily injury
What are the requirements of a heat of passion manslaughter?
C H AP [getting mad]
1) no Cooling off time
2) acted in Heat of passion
3) Adequate Provocation
What is the approach when you see a killing on an essay question?
1) address accomplice liability and inchoate offenses
2) define murder
3) list all 4 types of malice
4) Discuss voluntary/involuntary manslaughter issues
5) if no manslaughter, analyze if this is 1st or 2nd degree murder
6) address any defenses
What is larceny?
the trespassory taking of another’s personal property with the intent to steal (permanently)
+it can be done by an agent (ex: a babysitter using a boy to take a laptop next door)
+Even moving something a few inches is enough. In fact, in a minority of jurisdictions only require that the property be brought under a person’s dominion and control with no physical movement of the property required
+watch out for bailment situations because there is no trespassory taking as the item is willingly given (maybe embezzlement)
+under the common law, larceny only applies to personal property, not real property
What is embezzlement?
the fraudulent conversion of another’s personal property by one who is already in lawful possession of that property
+An intent to later repay the property does not negate embezzlement.
Ex: A man loaned a pawnshop his ring for $200 and would have it returned if the man paid in full within 60 days. Before the 60 days passed the pawnshop owner sold the ring. The pawnshop owner is guilty of embezzlement because he had lawful possession and converted the ring with the specific intent to defraud
What is false pretenses?
when title to property is obtained through the defendant’s known false representation of a material fact with the intent to defraud
What is robbery?
larceny from the person or presence of the victim by force or intimidation
+the force or intimidation needs to be directed at the victim or a person in the victim’s presence; not property
+Force must be more force than necessary. Ex: a sudden snatch of a purse is reasonable force and therefore no robbery
What is extortion?
the taking of money or property from another by threat
What is burglary?
[BED NOW]
- breaking
- entering
- dwelling
- nighttime
- of another
- with specific intent to commit felony therein
+Modern burglary can happen at any time in any type of structure.
+Breaking can occur when someone is told by the host where the bathroom is and, on the way, he goes into the bedroom to steal something.
+breaking when exiting does not count as breaking
+if the person is retaking property inside, it is not burglary because the felony of larceny was not committed
What is receipt of stolen property?
when one knowingly receives, conceals, or disposes of stolen property with the intent to permanently deprive the owner
+Property is no longer considered stolen once the police locate and exercise control over it
What is arson?
BOOM
- burning
- of the dwelling
- of another with
- malice
+Modern arson can happen to any structure and includes damage from explosives
+Burning of furniture is NOT arson, but if the burning of furniture leads to burning of the wall or floor then it is arson
+Arson can occur through a voluntary act OR a failure to perform an act when he/she could have reasonably done so
What is solicitation?
occurs:
- when one requests or encourages another to commit a crime
- with the specific intent that the person does commit the crime
+solicitation is complete once a person entices another to commit a crime with specific intent that the crime be committed. And at common law (and in most jurisdictions), later withdrawal is no defense.
What is conspiracy?
an agreement between two or more persons who intend to commit an unlawful act
+Under the MPC and the modern trend, a conspiracy can be unilateral. Common law required a bilateral agreement.
+The majority rule, federal law, and the MPC, require the commission of an overt act.
What is the doctrine of merger?
- solicitation and attempt merge into the actual crime so they cannot be charged in addition to the actual crime
- conspiracy does not merge into the actual crime and can be charged in addition to the actual crime
What is an accomplice?
An accomplice is a person who aids, abets, assists, or encourages a principal prior to or during the commission of the crime
+The accomplice must have the same mens rea of the principal
What are the four tests for insanity?
DIMM
- Durham
- irresistible impulse
- M’Naghten (majority)
- MPC
What is the M’Naghten standard?
Remember NaW
a mental illness caused the defendant to not know either:
- the Nature and quality of the act or
- the Wrongfulness of the act.
+majority rule
What is the irresistible impulse standard?
the defendant must show that he was unable to control his conduct due to a mental illness
What is the Durham standard?
the defendant must show that his conduct was the product of a mental illness
[Durham is pretty liberal]
What is the MPC standard for insanity?
the defendant must show that he lacked substantial capacity to appreciate the criminality of his conduct or conform his conduct to the requirements of the law
What is the accomplice’s liability?
an accomplice is liable for all crimes committed that he aids or encourages and all
“natural and probable results” of the crime that he intends to assist.
In most jurisdictions, what happens to the underlying felony when a person is charged with felony murder?
The underlying felony merges into felony murder. This means that a defendant convicted of felony murder cannot also be convicted of the underlying felony.
What is the difference between larceny by trick and false pretenses?
false pretenses requires taking title
[remember tricking someone does not give title]
What is the rule on the killing of a co-felon?
If one of two co-felons kills the other during the commission or attempted commission of a dangerous felony, then this act will also constitute felony murder.
If the co-felon is killed by a victim or a police officer, though, then the defendant is generally not guilty of felony murder.
Follow the common law unless told otherwise
o
What are the requirements of attempt?
- a substantial step
- specific intent
+If the crime is successfully completed, the attempt is merged into the completed crime.
What is factual impossibility?
the facts make it impossible to commit the crime
At common law, a conspirator cannot be convicted of conspiracy if all other coconspirators are acquitted at the same trial.
o
What is the Pinkerton rule?
a conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy. Under the MPC, the minority view, a member of the conspiracy is not criminally liable for such crimes unless that member aids and abets in the commission of the crimes.
Ex: Brother and sister are illegally selling alcohol. The brother finds out the customer is a cop and the brother shoots him with a gun they leave at the stall in case of incidents, therefore committing battery. The sister is also guilty of battery because all conspirators are liable for any foreseeable crimes committed by a co-conspirator in furtherance of the conspiracy
When can the initial aggressor claim self-defense?
- the aggressor’s use of nondeadly force was met with deadly force OR
- the aggressor, in good faith, completely withdrew from the altercation and communicated that fact to the victim.
What is a good example of a depraved-heart murder?
A manager was told that green potatoes are potentially toxic, especially when fed to children. The manager “brushed off” this warning and fed green potatoes to the children anyway.
What happens if someone intends to steal something, but in fact the item is being given away for free?
they are guilty of attempted larceny, but not larceny
Factual impossibility is no defense to…
- solicitation
- attempt
- conspiracy
When is the use of deadly force justified?
when a person (1) actually and reasonably believes that deadly force is necessary to prevent imminent serious bodily harm or death (including rape) and (2) is not the initial aggressor.
What is felony murder?
Felony murder is an unintended killing proximately caused by the commission or attempted commission of an inherently dangerous felony.
What is the agency theory of felony murder?
Under an agency theory, the felon will not be liable for the death of a bystander caused by a felony victim or police officer because neither person is the felon’s agent.
Majority view and assumed on the MBE
What is the proximate cause theory of felony murder?
Under the proximate-cause theory, liability for the bystander’s death may attach to the felon because the death is a direct consequence of the felony.
What is the modern majority view and common law view on accomplice liability?
Under the modern majority view, an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has received immunity from prosecution, or is acquitted.
At common law, an accomplice could be convicted of the crime only if the principal was previously convicted.
What is an example of mistake of fact that would negate larceny?
A colorblind person honestly but mistakenly takes someone else’s bike.
A perpetrator need only move the victim a short distance—even a few feet—to satisfy the movement element of kidnapping. But if the kidnapping occurs incident to the commission of another offense, then the movement of the victim must be more than is necessary to complete the other offense.* Otherwise, the perpetrator can only be convicted of the other offense—but not kidnapping.
o
Under the majority rule, what are the elements of conspiracy?
ESO
think of a cartel leader conspiring
- the defendant Entered an agreement to accomplish an unlawful purpose
- the defendant had the Specific intent to accomplish that purpose and
- at least one coconspirator committed an Overt act in furtherance of the conspiracy.
A mistake of law based on erroneous legal advice is generally no defense to criminal liability. However, reliance on such advice may serve as a defense when the mistake negates the required mental state.
Ex: Mistakenly believing that larceny does not include the taking of a dog, the D took his ex-wife’s dog and sold. Mistake of law would be no defense
What is forgery?
the making of a writing of apparent legal significance with the specific intent to defraud.
“Making” includes creating a document, altering a document, or fraudulently inducing another to sign a document when that person is unaware of the significance of the document.
+legal significance includes things like checks, diplomas, letter of recommendation. It does NOT include things that jus have social significance like historical documents or art. The person could still be guilty of false pretenses for forging an item of social significance
What is the minimum required mental state when a statute does not specify the requisite mental state?
When a statute does not specify the requisite mental state, the minimum required mental state according to the MPC is recklessness
What is recklessness?
the conscious disregard of a substantial and unjustified risk that the material element exists or the material element will result from the defendant’s conduct
Mere knowledge that another person intends to commit a crime is not enough to make a person an accomplice.
o
How do courts determine whether the legislature intended to impose strict liability for a crime?
Strict liability offenses are usually:
- regulatory
- related to public health & safety
- misdemeanors imposing minor penalties
What are the theft crimes to consider on an essay?
larceny, burglary, robbery, receipt of stolen goods, false pretenses, embezzlement, forgery
On the essay when there is no other felony, do not discuss felony murder.
o
What is point of safety?
If the killing occurs after the commission of the felony is complete and the defendant
has reached a place of safety, the FMR will not apply.
What is first-degree murder?
First-degree murder is a statutorily created category of murder that requires premeditation and deliberation with a specific intent to kill. In addition, felony murder is frequently classified as first-degree murder.
+Specific-intent defenses are available for a defendant
*Statutorily defined, so not in the common law.
+modernly heinous acts (egregious acts such as torture, bombing, poison) may be classified as first-degree murder
What is second-degree murder?
Second-degree murder, is a homicide committed with malice aforethought
It is essentially the same analysis of common law murder
What is premeditation?
The defendant reflected on the idea of killing or planned the killing.
+The amount of time needed for premeditation may be brief, as long as after forming the intent to kill, the defendant had sufficient time to become fully conscious of the intent and to consider the killing (i.e., had time for reflection).
Ex: A grocery store employee gets into an argument with a customer. After being told he is crazy, the employee yells he is going to kill him and strikes the customer who dies. Even though this was practically instantaneous, there is likely premeditation.
What is involuntary manslaughter?
Involuntary manslaughter is an unintentional homicide committed with criminal negligence (recklessness under the MPC) or while engaged in an unlawful act.
Ex: A man negligently possessed and holstered a gun. The gun fell and accidentally discharged killing someone. The man would be guilty of involuntary manslaughter
What is voluntary manslaughter?
homicide committed with malice aforethought, but also with mitigating circumstances.
Examples: “heat of passion,” imperfect defense to murder
+Remember voluntary manslaughter is intentional
What does it mean to be an accessory after the fact?
An accessory after the fact is one who
- aids a felon to avoid apprehension after the felony is committed AND
- knows the felony was committed.
+can include giving false information to the police in order to prevent the apprehension of a felon
What is the general rule on defense of others?
A person has the right to defend others (not just family) under the same circumstances in which self-defense would be acceptable.
When can an officer use deadly force?
A police officer can use deadly force to arrest a suspect if the suspect represents a threat to either the officer or third parties.
What is the exception to the general rule that prohibits the use of deadly force in the defense of property?
Generally, a person may use deadly force to prevent a forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside.
A person with narcolepsy who nevertheless drives and during an episode kills someone. What are they guilty of?
involuntary manslaughter due to the criminal negligence
stolen property taken from a thief can be considered larceny
o
Can someone be convicted of attempted rape if they try to have sex with someone who is underage, but they did not know that at the time?
No. Although intent is not required for a strict liability crime such as statutory rape, an attempted crime requires a substantial step and the SPECIFIC INTENT to commit the crime
What is a general intent crime?
a crime that requires only the intent to commit an unlawful act. The prosecution does not need to prove intent to cause the consequences.
Examples include battery, rape, kidnapping, and false imprisonment.
What is the effect of voluntary intoxication on specific intent crimes?
Voluntary intoxication is a defense to specific-intent crimes if the intoxication prevents the formation of the required intent. For example, intoxication may prevent the formation of the premeditation required for first-degree murder but not second-degree murder.
Under the MPC, voluntary intoxication is a defense to crimes for which a material element requires a mental state that is purposely or knowingly, and the intoxication prevents the formation of that mental state.
This defense DOES NOT apply for murder and arson because they are malice crimes
What are the felonies traditionally considered to be inherently dangerous and therefore can lead to a felony-murder conviction?
BARRK
Burglary Arson Rape Robbery Kidnapping
A man intends to have sex with a minor. It was later found out that the girl lied and she is actually not a minor. What is the man guilty of?
attempt to commit statutory rape
What is deliberation in the context of first-degree murder?
the defendant made the decision to kill in a cool and dispassionate manner
Can someone be convicted of felony murder by killing someone when the underlying felony is battery?
NO. Battery is not considered an inherently dangerous felony (BARRK)
What must the jury decide when determining if there was adequate provocation?
- the D was under the heat of passion AND
- an ordinary person would act under the heat of passion
+If the D had a history that made them extra-sensitive, that is irrelevant to whether an ordinary person would react similarly
+Getting punched could be viewed as adequate provocation
What is required of depraved hear murder?
the D must actually realize the danger to human life or safety.
Ex: shooting into a seemingly abandoned building and killing someone is short of murder because there was no actual knowledge of the risk
What is required of a possession offense?
proof that the defendant:
- knowingly received an illegal item OR
- exercised dominion and control over the item after learning of its illegal character
What is a principal in the second degree?
an accessory who was actually or constructively present at the scene of the crime
What is the difference between a principal in the second degree and accessory before the fact?
Presence.
An accomplice who is physically or constructively present during the commission of the crime is a principal in the second degree. An accomplice who is neither physically nor constructively present during the commission of the crime, but who possesses the requisite intent, is an accessory before the fact.
[remember: principal is present / accessory is away]
What are the elements of inducement?
the behavior was induced by a government agent and the defendant would not have otherwise committed the crime
What is the definition of a dwelling as used in common law burglary?
A dwelling is a structure regularly occupied for habitation. Although the structure need not be occupied at the time of the breaking, it must not be abandoned.
What is the continuing trespass doctrine?
In a larceny, the intent to permanently deprive another of his/her property must generally exist when the unlawful taking occurs. HOWEVER, under the continuing trespass doctrine, a person can also be guilty of larceny if he/she forms that intent after the unlawful taking
What happens if a getaway driver drops off a partner to rob a bank and then the driver panicked and drove off?
the driver did not withdraw and therefore is still guilty of being an accomplice. To properly withdraw, the accomplice must neutralize his/her prior assistance.
What happens if someone commits burglary and larceny?
they are guilty of BOTH larceny and burglary. There is no merger
What happens if someone commits larceny/assault/battery as part of a robbery?
the larceny/assault/battery merge into robbery or attempted robbery so the D can no longer be convicted of the lesser included offenses
What is criminal trespass?
an intentional entry upon another’s property without permission or legal privilege
Ex: An owner gives the neighbor a key to check on his house while he is gone. The neighbor then throws a party at the house. There is no criminal trespass because the neighbor was permitted to be there. It is immaterial that the scope of the permission was violated.
Ex2: It would be a trespass if someone is permitted to wait in a lobby, but explores an office
What is the legal impossibility defense?
a defendant cannot be convicted of attempt if the intended act would not be criminal if completed.
Ex: thinking codeine is illegal to purchase without a prescription, purchasing, and actually the law has repealed.
Ex: A businesswoman seeks to commit arson of her warehouse. Her lawyer told her this was arson but the law requires that the building be owned by another. She did not commit arson because even if her actions had every consequence she intended, they would not have constituted arson
A woman enters into her friend’s home while her friend is away to steal a necklace. The woman’s leg clears the window which causes the dog to bark loudly. Terrified, the woman fled. What is the most serious crime the woman can be convicted of?
burglary. Burglary requires breaking and entering the property of another with the specific intent to commit a felony inside. It does not matter that she was unsuccessful in stealing the necklace.
What is larceny by trick?
the defendant obtains possession of another’s property through fraud or deceit
How is rape modernly defined?
sexual intercourse with another without that person’s consent
What happens if someone promises they will get married to have sex, but in reality they have no intention of getting married?
No rape occurred because the fraud in the inducement did not negate the consent to have sex
+Fraud in the factum (e.g., doctor convinces patient that sex act is part of a medical exam or victim is unaware that she is consenting to sex) would negate victim’s consent
When is a mistake of fact a defense to a specific intent crime?
When there is an honest mistake negating specific intent.
+The mistake does NOT need to be reasonable
When is a mistake of fact a defense to a general intent or malice crime?
when there is an honest and reasonable mistake negating mens rea
A criminal conviction requires proof that the defendant voluntarily committed the criminal act or omission. Therefore, an act that is not a product of the D’s free will cannot be used to impose criminal liability.
Ex: A law that says “any person who, while intoxicated, appears in any public place and manifests a drunken condition by obstreperous or indecent conduct is guilty of a misdemeanor.” If a man is taken by police and he is upset that they did not allow him to take his coat and it is cold, he cannot be convicted of violating the law because he did not voluntarily act.
An assistant knew their boss would be away so she retrieved a spare key hidden under a rock and entered the boss’s home. As the assistant searched for the valuable stamp, the front door opened and the boss walked in, pulled out his gun, and told the assistant to stay where she was as he called the police. In a common law jurisdiction, what crime is the assistant guilty of?
burglary and attempted larceny
A person refuses medical treatment and later dies due to injuries. How does this impact a murder charge?
Refusal to get medical treatment is foreseeable so it does not negate proximate causation
Common law conspiracy requires proof that at least two persons entered an agreement with the specific intent to accomplish a criminal act. But when the conspired act violates a statute designed to protect members of a given class, a member of that class cannot supply a guilty mind.
Ex: An 18 year old and 14 year plan and do have sex. The 18 year old cannot be found guilty because of this rule.
What is the mens rea required of a malice crime?
the D was practically certain that his act would cause a particular result OR consciously disregarded a substantial and unjustifiable risk of harm
What is the minority retreat doctrine?
a person must retreat before using deadly force in self-defense if that person is outside his home and can do so with reasonable safety. But there is no duty to retreat before using nondeadly force in self-defense.
Ex: In a retreat jurisdiction, a wide whispered to her husband that the D was the man who had insulted her on the street the day before. The husband approached the D and said “Get out of here, or I’ll break your nose.” The D said, “Don’t come any closer, or I’ll hurt you.” The husband raised his fists menacingly and the D pulled a can of pepper spray from his pocket and sprayed. The D should NOT be convicted because under the retreat doctrine he is permitted to use nondeadly force in self-defense
Can a conspiracy exist among individuals who do not know each other?
Yes, if there is a community of interest in the achievement of the objective of the conspiracy. A community of interest typically exists when each alleged conspirator plays a role in reaching that objective.
Ex: In a Gus’s drug operation, Walt, Mike, and Gus can all be convicted of conspiracy because even if they do not know each other, they are joined in a community of interest to sell drugs
A woman thinks she has cocaine and tries to sell it to an undercover officer. Is she guilty of attempting to sell cocaine?
Yes, the woman is guilty of attempting to sell cocaine because she had the specific intent to commit a crime
Factual impossibility is never a defense to attempt
Does conspiracy require an overt act or substantial step?
All that is needed in a conspiracy is evidence that the conspiracy is at work. However, most jurisdictions require the conspirator to commit an overt act
A woman asked her neighbor for $500, promising to repay in 2 weeks. The neighbor loaned her the money. The next day the woman bet all the money on horse races and lost. She then left town for 6 months and has not repaid the neighbor. Has she committed larceny by trick or obtaining money by false pretenses?
Neither. It was not larceny by trick because she obtained title to the money. It also could not be false pretenses because she never knowingly misrepresented her ability to repay the loan or intended to defraud the neighbor
A woman drugged a man and stole his watch when he was unconscious. Can she be convicted of robbery?
Yes, because the woman used force (here drugging the victim) to permanently deprive the man of the watch.
A man noticed that red stickers were used to discount an item. He placed a red sticker on a fancy coat to get a discount. What is he guilty of?
false pretenses. This is NOT larceny by trick because the man obtained title to the coat and not just possession
Withdrawal is not a valid defense to conspiracy
o
The D went into a man’s house and took $100 in the belief that the man had damaged the defendant’s car to that amount. Did the D commit larceny?
No. larceny requires the specific intent to deprive another of his/her property. Here, the D lacks such intent when property is taken with an honest belief that he is entitled to it, even if that belief was mistaken or unreasonable
What is the burden of proof for insanity?
Majority: the D must prove insanity by a preponderance of the doubt
Minority/MPC: Once the D puts his mental state at issue, the burden is placed on the prosecution to prove sanity beyond a reasonable doubt
A man entered a store and said “Give me the money or I’ll start shooting.” The attendant, who knew the man as a neighborhood character, did not believe that he was violent or had a gun. She felt sorry for him and handed him the cash. The man left the store. What is the man guilty of?
Attempted robbery. It can’t be robbery because the taking of money was not accomplished by force or intimidation but rather by pity.
But he did have the specific intent to steal the cash by intimidation and committed an overt act by threatening to shoot, the man is guilty of attempted robbery
A man decided to rob a bank so he purchased a gun, mask, and some duffel bags. The man then told his friend of his plan and that he would scope out the bank the next day. The man scoped out the bank and decided not to go through with it because a bank in a neighboring city had fewer cameras. The friend called the cops and they arrested him as he left the bank. What crime did the man commit?
attempted robbery, because he still intended to rob the neighboring bank.
How is theft of property defined according to the MPC?
theft of property includes the unlawful taking of anything of value. This greatly expands the common law definition, where only tangible personal property can be the subject of a theft crime
Ex: A woman hired movers to move her furniture to the new apartment. Upon completion, the woman refused to pay, without justification. This is, under the MPC, considered theft.
Remember to always note when the question deals with the grand jury because normal procedures do not apply
o
A man is convicted of assault but acquitted of rape. The girlfriend, who was in a coma, later dies. The man is now charged with felony murder. Is this permitted?
No, because he was convicted of the assault charge. Since felony murder requires proof of an inherently dangerous felony (like rape), he cannot be retried. The assault is not an inherently dangerous felony, so it cannot be the basis for a felony murder
A man is in a car crash and pleads guilty to reckless driving (a misdemeanor). One year later, the other driver dies as a result of injuries. Can the man be charged with manslaughter or would this violate double jeopardy?
The man CAN be charged with manslaughter because the facts necessary to prove the greater offense did not exist during the first trial. But the statute of limitations must be met for the second indictment to be valid.
A man contacted and hired a professional killer to kill a woman. The plot is successful. What is the man guilty of?
conspiracy and murder. While he is guilty of solicitation, it will merge into the greater offense of murder
A man is give a gun as a donation. Instead of giving it, he keep it. What crime has the man committed?
larceny and embezzlement
If a man is charged with assault and robbery for the same conduct, assault merges because it is a lesser included offense of robbery
o
When is self-defense permitted?
the D
- actually and reasonably believed that he/she was in danger of imminent unlawful harm
- used reasonable force
- was not the initial aggressor
A man was upset at a coworker. Wanting to scare the coworker, he pressed the pedal on his car and veered towards the coworker. However, the coworker tripped and was run over but survived. Can he be convicted of attempted murder?
If the coworker had died, then the man would be guilty of murder. And since the man lacked the specific intent to kill the coworker, he cannot be convicted of attempted murder.
A man places a bomb under his boss’s company car. Feeling remorseful, he calls the security guard to tell him about it. The security guard thinks its a hoax and just puts a paper on the car saying not to use it. The VP then uses the car and dies. What is the man guilty of?
murder in the first degree, because under the doctrine of transferred intent, the D’s specific intent to kill the boss will be transferred to the VP.
A man offered to sell illegal drugs to an undercover police officer, who immediately arrested the man. The officer searched the man but found no drugs in his possession. What crime did the man commit?
Solicitation. By offering to sell the drugs, the man encouraged the officer to possess a controlled substance (a crime) and the man had the specific intent that the officer do so
What is misprision of a felony?
when the D had knowledge that another committed a felony, failed to notify the authorities, and took an affirmative step to conceal the crime
What are the requirements of all homicides?
- proximate/actual cause
- killing a person
What is criminal negligence?
grossly negligent conduct that puts another person at a significant risk of serious bodily injury or death
It is in between tort negligence and extremely reckless conduct required of depraved-heart murder
What are the unlawful acts that may lead to involuntary manslaughter?
- a killing committed in the commission of a malum in se (wrong in itself) misdemeanor
- A killing committed in the commission of a felony that is not statutorily treated as first-degree felony murder or second-degree murder.
A woman shot at her husband, trying to kill him. The bullet passed through the husband’s shoulder, wounding him, and killed the son instantly. What can the woman be charged with?
The woman may be tried in separate trials for both murder and attempted murder. If convicted for both, she can be punished for both.
Merger does not occur when there are two victims
A man is beating up his landlord. Someone throws him a knife. A painter yelled “kill him!” If the painter is charged with the murder of the landlord, which verdict should the jury return?
Guilty, because the man is an accomplice to murder.
An accomplice must:
- act with the purpose of promoting the offense AND
- intend that her act will assist the criminal conduct
