Criminal Law Flashcards
A state has jurisdiction over a crime if:
- Any act constituting an element of the offense was committed in the state
- An act outside the state caused a result in the state
Common Law Merger
If a person engaged in conduct constituting both a felony and a misdemeanor, they could only be convicted of the felony
Modern Law Merger
A person cannot be convicted of both:
- the solicitation and the completed crime
- the attempt and the completed crime
Elements of a Crime
- A physical act (acts reus)
- A mental state (mens rea), and
- A concurrence of the act and mental state
Physical Act
A defendant must have either performed a voluntary physical act (bodily movement) or failed to act under circumstances imposing a legal duty to act
The failure to act gives rise to liability if:
- Legal duty to act
- Defendant has knowledge
- Reasonably possible to perform
A legal duty to act can arise from one of five circumstances:
- By statute
- By contract
- The relationship between the parties
- The voluntary assumption of care by the defendant for the victim
- The defendant created the peril for the victim
Specific Intent Crimes
- Solicitation
- Conspiracy
- Attempt
- First degree premeditated murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
Intent for Malice Crimes
Requires a reckless disregard of an obvious or high risk that the particular harmful result will occur
General Intent
The defendant has an awareness of all factors constituting the crime
Model Penal Code (MPC) Categories of Intent
- Purposely: conscious object is to engage in certain conduct or cause a certain result
- Knowingly: are aware that their conduct is of a particular nature or that certain circumstances exist
- Recklessly: consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow
Negligence
A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care
Transferred Intent
The defendant can be liable under the doctrine of transferred intent when they intend the harm that is actually caused, but to a different victim or object
Principal (Accomplice Liability)
One who, with the requisite mental state, actually engages in the act or omission that causes the criminal result
Accomplice (Accomplice Liability)
One who aids, advises, or encourages the principal in the commission of the crime charged
Accomplice Mental Dual Intent Requirement
Accomplice must have:
- the intent to assist the principal in the commission of a crime; and
- the intent that the principal commit the substantive offense
Accomplice Scope of Liability
An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extant as the principal, as long as the other crimes were probable or foreseeable
Accomplice Withdrawal
- A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice
- Must occur before the crime becomes unstoppable
- If the person encouraged the crime, they must repudiate the encouragement
- If the person provided assistance to the principal, they must do everything possible to attempt to neutralize the assistance
- Notifying the police or taking other action to prevent the crime is also sufficient
Conspiracy
(1) an agreement between two or more persons;
(2) an intent to enter into the agreement; and
(3) an intent by at least two persons to achieve the objective of the agreement
(most courts require an overt act)
Termination of Conspiracy
Conspiracy terminates upon completion of the wrongful objective
Liability for Co-Conspirators’ Crimes
A conspirator may be held liable for crimes committed by other conspirators if the crimes:
(1) were committed in furtherance of the objectives of the conspiracy and
(2) were foreseeable
When Conspiracy Withdrawal Effective
- Conspirator must perform an affirmative act that notifies all members of the conspiracy of their withdrawal, in time for them to abandon their plans
- If assistance was provided, conspirator must try to neutralize the assistance
Conspiracy Merger?
Conspiracy and the completed crime are distinct offenses; there is no merger
Solicitation
Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime
