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
