Criminal Law Flashcards
jurisdiction
legal situs is where the conduct or result of crime happened, or should have happened
merger
-only solicitation and attempt merge into substantive offense.
-no merger for conspiracy, that is a separate crime
essential elements
-physical act (actus reus); of their own volition, but not reflective, convulsive or unconscious;
-and mental state (mens rea)
specific intent crimes (BAM ACTS)
-burglary; assault; murder (1st degree); attempt; conspiracy; theft; solicitation
malice crimes
reckless disregard of obviously high risk of harm
*murder/arson
general intent crimes
awareness of all factors constituting the crime, eg. awareness of act or high likelihood it will occur
strict liability
no required awareness
transferred intent
two charges: attempt and offense
Accomplice Liability
-liability for the crime itself and all foreseeable crimes
-requires active involvement, eg. aid, counsel or encourage, with the INTENT To AID
Inchoate Offenses: solicitation
-asking someone to commit a crime
-requires intent for person to commit the crime
-the crime ends at the asking - if the person subsequently commits the crime it becomes conspiracy
conspiracy
(i) agreement; (ii) intent to agree; (iii) unlawful objective.
-majority of jurisdictions require an overt act
-liability: all foreseeable crimes committed to further the conspiracy
-withdrawal: (i) an affirmative act notifying all member of withdrawal AND (ii) assistance in neutralizing
—successful withdrawal cuts of liability for future crimes BUT not conspiracy
attempt
-specific intent to commit + a substantial step towards beyond mere preparation
Defenses Negating Criminal Capacity:
-insanity: defense to what?
-M’Naghten
-Irresistible Impulse
-Durham Rule
-MPC/ALI
-insanity is a defense to all, including strict liability; the Defendant bears the burden of production
-M’Naghten: at the time of conduct, D lacked the ability to know the wrongfulness of actions or the nature/quality of actions
-irresistible impulse
-Durham Rule
-MPC
-irresistible impulse: D lacks the capacity for self-control & free choice
-Durham Rule: D’s conduct is the product of a mental illness
-MPC: D lacked the capacity to (i) appreciate the criminality of conduct or (ii) to conform his conduct to the requirements of the law
Defenses Negating Criminal Capacity: Intoxication:
-voluntary
-involuntary
-voluntary: only a defense for Specific Intent;
-involuntary: like insanity, is a defense to all, including Strict Liability
—requires: taking drugs/alcohol without knowledge; under duress; pursuant to med advice without awareness of intoxicating effect
defenses negating criminal capacity: infancy
-Under 7 years old: no liability
-Under 14 years old: rebuttable presumption of no liability
Excuses / Justification:
-self defense
-non-deadly: reasonably neccessary
-D: (i) D was without fault; (ii) confronted with an unlawful force; (iii) threatened with imminent death / great bodily harm
-Min: retreat unless in person’s home; making lawful arrest; or vic of rape/robbery
-original aggressor must withdraw and communicate withdrawal
defense of others
person assisted reasonably appeared to have the legal right to use force in his own defense
defense of property
-non deadly force is ok
-no force to regain possession unless in hot pursuit
crime prevention
-non-deadly force to prevent felony or breach of peace
-deadly force only to prevent a dangerous felony
effectuate arrest
-private person: deadly force only if person harmed was actually guilty of the offense
-officer: deadly force to apprehend fleeing felon who threatens death/serious bodily harm AND necessary to prevent escape
duress
The threat of imminent infliction of death/great bodily harm on self or member of immediate family
-no homicide
necessity
reasonably necessary to avoid imminent AND greater injury to society.
-no homicide
Other Defenses: impossibility
-factual impossibility: no defense
-legal impossibility: not illegal to do what D intended to do
mistake of fact
-specific intent: any mistake
-malice/gen intent: reasonable mistake only
-strict liability: never
consent
-only if crime requires a lack of consent, eg. rape
-requires: consent was voluntarily/freely given; legally capable of consenting; no fraud
entrapment
only if police originated criminal design AND D was not predisposed to commit act
Offenses Against the Person:
-battery
-battery: the unlawful application of force resulting in bodily injury or offensive toughing
-aggravated: deadly weapon’ serious bodily harm; to a child, woman or police
assault
attempted battery (SI); threaet to bodily injury (GI)
homicide:
-definition
homicide: the unlawful killing of a human with malice aforethought:
-intent to kill; intent to inflict great bodily injury; reckless indifference to an unjustifiably high risk to life; felony murder
homicide:
-first degree
-second degree
-first degree: deliberate, willful, and premeditated and enumerated felony, eg. arson, robbery, burglary, rape, mayhem and kidnapping
-second degree: everything else under CL murder
—unjustified; No felony murder once D reaches temporary safety or it death of co-felon is result of resistance by victim or police
manslaughter: imperfect self defense; voluntary; involuntary
-bump down murder if “imperfect self-defense”: D was at fault in starting the fight or unreasonably but honestly believed in necessity
-voluntary manslaughter: murder with adequate provocation; heat of passion without time to cool
-involuntary manslaughter: criminal negligence; battery; or misdemeanor
Property Crimes:
-larceny
-larceny: the taking and carrying away of personal property of another by trespass with the intent to permanently deprive the owner of the property.
embezzlement
embezzlement: the fraudulent conversion of the personal property of another by a person in lawful possession of that property.
false pretense
obtaining the TITLE to personal property of another by an intentional false statement of past or existing fact WITH the intent to defraud
larceny by trick
obtaining possession to personal property of another by an intentional false statement of fact WITH the intent to defraud
robbery
the taking of personal property of another from other’s person or in the presence of the person by force or threat of imminent death / injury with the intent to permanently deprive the person of the property
extortion
obtain property by threat of harm / exposing info
receipt of stolen property
receiving possession and control of stolen person property known to have been stolen by another person with the intent to permanently deprive the owner.
Offense against habitation:
-burglary
-burglary: the breaking and entering of a dwelling of another at night WITH the intent to commit a felony therein
offense against habitation:
-arson
-arson: the malicious burning of the dwelling of another
*requires damage to the structure
