Criminal Law Flashcards
Accomplice Liability - Misdemeanor
All parties treated as principals. Post-crime aider not recognized.
Accomplice Liability - Felony
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.
Accomplice Liability Approach - Party Liability
- 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.
Solicitation
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.
Solicitation - Merger
Solicitation will merge with an attempt, conspiracy or target crime. Merger will not exists if solicitee takes no step in furtherance of the solicitation.
Attempt
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.
Attempt: SLAPP Approach
- 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
- Look for a substantial step towards completion of the crime
- “Dangerous proximity to success” – but this does not require just one more act for completion
Conspiracy
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.
Conspiracy - Pinkerton’s Rule
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.
Conspiracy - Overt Act
Modernly, an overt act that is in furtherance is required for the defendant to be charged with conspiracy.
Conspiracy - Wharton’s Rule
No conspiracy and guilt of the target crime if crime requires two parties.
Homicide
A killing of human being by another human being.
Homicide - Causation
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.
Murder - Malice
Unlawful killing of a human being committed with malice aforethought.
Malice
Malice can be found by intent to kill, intent to cause serious bodily injury, wanton conduct, and felony murder.
Malice - Intent to kill
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.
Malice - Intent to cause serious bodily harm
Malice can be found through intent to cause serious bodily injury if the defendant intended to cause serious bodily harm to the victim.
Malice - Wanton and Reckless conduct
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.
Malice - Felony Murder Rule
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.
First Degree Murder
First degree murder is murder completed with the specific intent to kill plus premeditation and deliberation or through felony murder.
Second Degree Murder
All murder which is not murder in the first degree. Wanton conduct may equate to murder though not felony murder.
Defense to Murder - Justification
- 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
Defense to Murder - Excuse: M’Naghten Insanity Test
Because of mental disease, D did not know what he did was morally wrong or did not know the nature/quality of act.
Defense to Murder - Excuse: Irresistible Impulse Insanity Test
Inability to control conduct.
Defense to Murder - Excuse: Model Penal Code Insanity Test (Substantial Capacity Test)
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.
Defense to Murder - Excuse: Durham Rule (Insanity Test)
But for test used to determine whether crime was a product of mental illness (Minority View).
Defense to Murder - Infancy
- 0-6: Conclusive presumption of incapacity to commit the crime
- 7-14: Rebuttable presumption
- Over 14: Juvenile/Adult
- Modernly, juveniles are often either prosecuted as adults (discretion of the prosecutor) or as juvenile delinquents in juvenile, not criminal, proceedings
- Note: Calculation of age is strictly actual/chronological – not mental as in retardation
Defense to Murder - Intoxication
- 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.
Defense to Murder - Mitigation: Voluntary Manslaughter
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.
Involuntary Manslaughter
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.
Burglary
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.
Arson
Malicious burning of the dwelling house of another. Charring of the structure is required. Extends to insurance fraud crimes.
Larceny
Trespassory taking and carrying away of personal property of another with intent to permanently deprive – stealing personal property of another.
Larceny by Conversion
Intent to steal must be formed after lawful acquisition of property (rental/loan). ***Discuss Embezzlement.***
Larceny by Trick
Fraud to obtain possession not title.
Embezzlement
Fraudulent conversion of rightfully entrusted personal property (fiduciary duty). Intent to defraud must occur contemporaneously at time of rightful possession.
False Pretenses
Obtaining title by means of false representation of past or existing fact.
Robbery
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.
Receiving Stolen Property
Receiving of property knowing it to be stolen.
Forgery
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.
Uttering
Offering as genuine an instrument known to be false with the intent to defraud.
Extortion
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.
Misprision
Concealment and nondisclosure of the known felonious conduct of another. (Accomplice Liability)
Compounding
Acceptance of a consideration in return for one’s agreement not to prosecute another’s crime.
Breach of the Peace
Any willful act which unreasonably disturbs the public peace.
Malicious Mischief
Malicious infliction of injury upon the property of another.
Excuses to Crimes
- Justification
- Excuse
- Duress - Imminent Threat of Harm
- Consent
- Entrapment - Innocent v. predisposed to commit crime
Accomplice Liability Approach
- Knowledge
- Intent
- Actively Assist
Theft Approach
- Specific Intent
- Custody: Larceny, Larceny by Conversion, Larceny by Trick, Embezzlement, Robbery
- Possession: Receiving Stolen Property
- Title: False Pretense
S.A.C. Approach
- Specific Intent
- Merger
- Accomplice Liability
- Withdrawal
- Impossibility
Homicide Approach
- IRAC Homicide
- Causation
- Murder-Malice
- Murder 1
- Murder 2
- Justification
- Excuse
- Mitigation-Voluntary Manslaughter
- Involuntary Manslaughter
Theft Approach
- Specific Intent
- Custody
- Possession
- Title
