Criminal Law

Question 1

Accomplice Liability - Misdemeanor

Answer 1

All parties treated as principals. Post-crime aider not recognized.

Question 2

Accomplice Liability - Felony

Answer 2

Common Law: Where felony involved

• Perpetrator: Principal in first degree
• At-the-scene-aider: Principal in second degree
• Pre-crime aider: Accessory before the fact (aider/abettor)
• Post-crime aider: Accessory after the fact (only guilty for hindering arrest)

Modernly: All roles termed accomplice, accomplice can be guilty if intent can be shown even if principal is not guilty.

Question 3

Accomplice Liability Approach - Party Liability

Answer 3

• Knowledge: D had knowledge of crime.
• Intent: D had intent that crime would occur.
• Actively Assist: D actively assist/incite/abet
  
  • Modernly, accessory after the fact not treated as an accomplice for liability purposes (Attempt/Conspiracy)
  • Scope of Liability
    
    • C/L: Liability extends to all probable consequences (foreseeability)
    • Minority rule (MPC): Liability limited to contemplated (intended) crimes (those crimes of the perpetrator that D incited.
    • Defense: Withdrawal – must be effectively and timely communicated to all other parties; MPC permits if D prevents commission of crime by notifying law enforcement.

Question 4

Solicitation

Answer 4

Solicitation is the requesting or urging of another to commit the crime with the intent that the solicitee commit the crime. Solicitation is a specific intent crime with the specific intent being that the solicitee commit the crime. Solicitation is an inchoate offense which means it’s complete once the requesting is done.

Question 5

Solicitation - Merger

Answer 5

Solicitation will merge with an attempt, conspiracy or target crime. Merger will not exists if solicitee takes no step in furtherance of the solicitation.

Question 6

Attempt

Answer 6

A substantial act towards perpetration of an intended crime. D can be charged with attempt even if the intended crime was not completed so long as specific intent can be found.

Question 7

Attempt: SLAPP Approach

Answer 7

• Specific Intent
• Legal (no attempt) v. factual impossibility (attempt)
  
  • Legal - D’s conduct even if carried out would not constitute a crime
  • Factual - D intends and acts to violate law but unknown factors make result impossible, D can be charged for Specific Intent
• Apparent ability to carry out the target crime (look at P below)
• Preparation v. Perpetration
  
  1. Look for a substantial step towards completion of the crime
  2. “Dangerous proximity to success” – but this does not require just one more act for completion

Question 8

Conspiracy

Answer 8

A conspiracy is an agreement between two or more parties to commit a crime with the intent that the crime be committed. Common law conspiracy requires two guilty minds; otherwise it will be considered a feigned agreement. Under the unilateral theory one party may be charged with conspiracy even though only one guilty exists. Modernly, an overt act is required in furtherance of the conspiracy.

Question 9

Conspiracy - Pinkerton’s Rule

Answer 9

Under the Pinkerton’s Rule, co-conspirators are vicariously liable for all crimes committed that are foreseeable and in furtherance of the crime agreed upon.

Question 10

Conspiracy - Overt Act

Answer 10

Modernly, an overt act that is in furtherance is required for the defendant to be charged with conspiracy.

Question 11

Conspiracy - Wharton’s Rule

Answer 11

No conspiracy and guilt of the target crime if crime requires two parties.

Question 12

Homicide

Answer 12

A killing of human being by another human being.

Question 13

Homicide - Causation

Answer 13

Actual Cause - But for D’s act, V would not have died.

Proximate Cause - D is responsible for all of the natural and probable consequences that occur as a result of his actions as long as there are no superseding events that break the causation chain. A superseding event is one that is unforeseeable and intervening. Essentially proximate cause shows that is foreseeable for the result to occur.

Question 14

Murder - Malice

Answer 14

Unlawful killing of a human being committed with malice aforethought.

Question 15

Malice

Answer 15

Malice can be found by intent to kill, intent to cause serious bodily injury, wanton conduct, and felony murder.

Question 16

Malice - Intent to kill

Answer 16

Malice can be found through intent to kill if the defendant desired to kill the victim or knew with substantial certainty the death will occur.

Question 17

Malice - Intent to cause serious bodily harm

Answer 17

Malice can be found through intent to cause serious bodily injury if the defendant intended to cause serious bodily harm to the victim.

Question 18

Malice - Wanton and Reckless conduct

Answer 18

Malice may be found through wanton and reckless conduct if the act the defendant is committing has: 1. Little or no social value, 2. Has a very high risk of death, 3. Defendant did the act intentionally, or 4. Defendant was aware of the risk.

Question 19

Malice - Felony Murder Rule

Answer 19

If a death occurs during the perpetration of an inherently dangerous felony, malice will be implied. Timing starts when an attempt is viable and ends when the defendant reaches a place of temporary safety. The death must be independent and collateral from the crime that causes. Traditionally enumerated felonies for felony murder were burglary, arson, rape and robbery, but modernly, have expanded to kidnapping, mayhem and other felonies.

Question 20

First Degree Murder

Answer 20

First degree murder is murder completed with the specific intent to kill plus premeditation and deliberation or through felony murder.

Question 21

Second Degree Murder

Answer 21

All murder which is not murder in the first degree. Wanton conduct may equate to murder though not felony murder.

Question 22

Defense to Murder - Justification

Answer 22

• Self-Defense - reasonable force necessary, no retreat
• Defense of others - deadly attack, special relationship
• Defense of property - limited to home
• Prevention of crime - deadly force limited to present public danger

Question 23

Defense to Murder - Excuse: M’Naghten Insanity Test

Answer 23

Because of mental disease, D did not know what he did was morally wrong or did not know the nature/quality of act.

Question 24

Defense to Murder - Excuse: Irresistible Impulse Insanity Test

Answer 24

Inability to control conduct.

Question 25

Defense to Murder - Excuse: Model Penal Code Insanity Test (Substantial Capacity Test)

Answer 25

Due to a mental disease or defect in reasoning, the defendant lacks the substantial capacity to conform his conduct to the law or appreciate the wrongfulness of his conduct.

Question 26

Defense to Murder - Excuse: Durham Rule (Insanity Test)

Answer 26

But for test used to determine whether crime was a product of mental illness (Minority View).

Question 27

Defense to Murder - Infancy

Answer 27

• 0-6: Conclusive presumption of incapacity to commit the crime
• 7-14: Rebuttable presumption
• Over 14: Juvenile/Adult
  
  1. Modernly, juveniles are often either prosecuted as adults (discretion of the prosecutor) or as juvenile delinquents in juvenile, not criminal, proceedings
  2. Note: Calculation of age is strictly actual/chronological – not mental as in retardation

Question 28

Defense to Murder - Intoxication

Answer 28

• Involuntary: Equivalent to mental illness (insanity)
• Voluntary: No excuse unless specific intent crime involved, and drunkenness negates the intent, i.e., murder – reduced to from M1 to M2, never to involuntary manslaughter.

Question 29

Defense to Murder - Mitigation: Voluntary Manslaughter

Answer 29

Intentional criminal homicide with adequate provocation. Adequate provocation exists if the defendant was provoked, a reasonable person would have been provoked, there was not enough time to cool off, and the defendant did not cool off.

Question 30

Involuntary Manslaughter

Answer 30

A killing caused by criminal negligence or recklessness, or if caused by an unlawful act, including in the course of a misdemeanor or in the course of a felony that does not qualify for a felony murder case.

Question 31

Burglary

Answer 31

C/L: The breaking and entering of the dwelling house of another in the nighttime with the specific intent to commit a felon therein.

M/L: Trespassory/Unlawful entrance in any structure with intent to commit a crime.

Question 32

Arson

Answer 32

Malicious burning of the dwelling house of another. Charring of the structure is required. Extends to insurance fraud crimes.

Question 33

Larceny

Answer 33

Trespassory taking and carrying away of personal property of another with intent to permanently deprive – stealing personal property of another.

Question 34

Larceny by Conversion

Answer 34

Intent to steal must be formed after lawful acquisition of property (rental/loan). ***Discuss Embezzlement.***

Question 35

Larceny by Trick

Answer 35

Fraud to obtain possession not title.

Question 36

Embezzlement

Answer 36

Fraudulent conversion of rightfully entrusted personal property (fiduciary duty). Intent to defraud must occur contemporaneously at time of rightful possession.

Question 37

False Pretenses

Answer 37

Obtaining title by means of false representation of past or existing fact.

Question 38

Robbery

Answer 38

Larceny from the person or immediate presence of victim by means of force or fear or violence or intimidation. Larceny is the lesser offense and will merge into Robbery.

Question 39

Receiving Stolen Property

Answer 39

Receiving of property knowing it to be stolen.

Question 40

Forgery

Answer 40

The fraudulent making or altering of a writing with intent to defraud or deceive. The writing, as an instrument, must not be what it is alleged to be. A genuine document can become false if it is materially altered. A writing has apparent legal significance when it can affect a person’s legal relationships with others.

Question 41

Uttering

Answer 41

Offering as genuine an instrument known to be false with the intent to defraud.

Question 42

Extortion

Answer 42

Obtaining property from another with consent by means of intimidation which is of a lesser degree than that required for robbery (Blackmail). Threat to cause future injury will suffice.

Question 43

Misprision

Answer 43

Concealment and nondisclosure of the known felonious conduct of another. (Accomplice Liability)

Question 44

Compounding

Answer 44

Acceptance of a consideration in return for one’s agreement not to prosecute another’s crime.

Question 45

Breach of the Peace

Answer 45

Any willful act which unreasonably disturbs the public peace.

Question 46

Malicious Mischief

Answer 46

Malicious infliction of injury upon the property of another.

Question 47

Excuses to Crimes

Answer 47

1. Justification
2. Excuse
3. Duress - Imminent Threat of Harm
4. Consent
5. Entrapment - Innocent v. predisposed to commit crime

Question 48

Accomplice Liability Approach

Answer 48

1. Knowledge
2. Intent
3. Actively Assist

Question 49

Theft Approach

Answer 49

1. Specific Intent
2. Custody: Larceny, Larceny by Conversion, Larceny by Trick, Embezzlement, Robbery
3. Possession: Receiving Stolen Property
4. Title: False Pretense

Question 50

S.A.C. Approach

Answer 50

1. Specific Intent
2. Merger
3. Accomplice Liability
4. Withdrawal
5. Impossibility

Question 51

Homicide Approach

Answer 51

1. IRAC Homicide
2. Causation
3. Murder-Malice
4. Murder 1
5. Murder 2
6. Justification
7. Excuse
8. Mitigation-Voluntary Manslaughter
9. Involuntary Manslaughter

Question 52

Theft Approach

Answer 52

1. Specific Intent
2. Custody
3. Possession
4. Title