Criminal Law Flashcards
When does a state have jurisdiction over a crime?
If the act was committed in the state, or the result occurred in that state.
What is merger at common law?
A person engaged in conduct that constitutes both a felony and a misdemeanor can be convicted only of the felony.
The misdemeanor “merges” into the felony.
What is merger under modern law?
No merger of crimes. If you commit two different crimes, you can lawfully be convicted of both.
But – solicitation and attempt do merge into the completed crime. Conspiracy does not.
Merger under the MPC?
Defendant cannot be convicted of more than one inchoate crime when conduct was designed to culminate in the commission of the same offense.
What is a felony?
Any crime punishable by death, or by imprisonment for more than one year
What are the essential elements of a crime?
- Physical act (actus reus)
- Mental state (mens rea)
- Concurrence of act and mental state
Certain crimes may also require proof of a result and causation.
What is a “physical act”?
A bodily movement.
Either a voluntary physical act (cannot be reflexive or convulsive, or performed while unconscious or asleep), or a failure to act under circumstances imposing a legal duty to do so.
What is specific intent?
What additional defenses are available?
Mens rea that cannot be imputed from the mere doing of the act, but the manner in which the crime was committed.
Additional defenses: (1) Voluntary intoxication; and (2) Unreasonable mistake of fact.
What are the specific intent crimes?
“Students can always fake a laugh, even for ridiculous bar facts.” (11)
Solicitation, Conspiracy, Attempt, First-degree premeditated murder, Assault, Larceny, Embezzlement, False pretenses, Robbery, Burglary, Forgery
What is the mens rea for malice crimes?
What are the malice crimes?
Mens rea – Reckless disregard of obvious or high risk that the particular harmful result will occur
Two crimes: Second-degree murder and arson
What are general intent crimes?
Intent may be inferred merely from doing the act.
Only requires awareness of factors constituting a crime.
Strict liability offenses
- Defendant guilty merely by committing the act
- No mens rea requirement
Usually in administrative, regulatory, and morality areas. No adverbs like knowingly, willfully, intentionally, etc.
