Criminal Law Flashcards
For Essay:
4A rules when no warrant
Under 4A, people are to be free of unreasonable searches and seizures.
To be reasonable, a search or seizure must be pursuant to a warrant, although exceptions may apply.
Before bringing a claim that search or seizure was unconstitutional, a person must have standing.
To have standing, they must show they had a reasonable expectation of privacy that was violated.
Such an expectation arises when the place searched is one’s home. It also arises when a person is an overnight guest in the place searched.
There is no expectation of privacy when someone gives their property to another, because the other can show it to third parties.
Elements of Attempt crime
To prove attempted crime, the prosecution must show the defendant: (1) had the specific intent to commit a crime and (2) took a substantial step toward committing the crime.
The burden of proof is beyond a reasonable doubt.
Under the Traditional Approach, courts use a proximity test–the D must come dangerously close to completing the crime, beyond mere prep.
Under the MPC, use a substantial step test.
Is abandonment a defense to an attempt crime?
Generally, if there are sufficient facts that may show D committed an attempted crime, abandonment is NOT a defense.
However, the MPC recognizes abandonment as a defense if it is
(1) fully voluntary (not because of difficulty of committing crime or because of risk of getting caught);
(2) and complete (not just postponement).
Define Common Law Burglary
Under Common Law, burglary is:
**1. breaking and entering, **
(breaking requires minimal force to gain entry. EX: Opening an unlocked window is a sufficient use of force to constitute a breaking)
**2. the dwelling of another **
(a structure is deemed to be a dwelling simply if any part of it is used regularly for sleeping purposes)
**3. at night
**4. with the intent to commit a felony. **
specific intent crime
Accomplice Liability
An accomplice is one who is laible for crime by another because they
1. aid, counsel, or encourage the principle before, during, or after crime
2. And they intend to help principal commit the crime.
Note: Most courts hold that merely selling an ordinary good at ordinary price even with knowledge that it may be used for a crime in insufficient for accomplice liablity.
Attempt but another murder, battery, or arson occurs
Attempt requires
1. specific intent to commit the crime -AND-
2. a substantial step to commit the crime *beyond mere prep. *
traditional approach: dangerously close
modern law: substantial step enough
Transferred intent does NOT apply to attempt!!
Involuntary Manslaughter
*** A person commits IV manslaughter when they cause a death by criminal negligence. **
- A person has a mens rea of criminal negligence when they:
**1. fails to be aware of a SUBSTANTIAL risk to human life, and this failure
2. substantially deviates from the standard of care a reasonable person would have in the same situation.**
- States following MPC require a mens rea of recklessness for involuntary manslaughter.
- A person is reckless if they consciously disregard a SUBSTANTIAL and unjustifiable risk.
- Some states include killing during the comission of an unlawful act as involuntary manslaughter.
- This includes misdemeonors and felonies not included in felony murder.
Causation for murder and manslaughter
- A D must be the cause-in-fact and proximate cause or the death.
- A D’s conduct is the **cause-in-fact **of the death if but for D’s conduct, the death would not have occurred.
- A D is the **proximate cause **of the death if the death was a natural and probable consequence of D’s conduct.
- An intervening act can shield a D from liability if the act is a (1) coincidence or (2) outside the foreseeable risk created by the D.
Accomplice Liability
An accomplice has
- the intent to assist the principal **and intent that the principal commit the crime, **
- and aids, counsels, or encourages the principal before or during the crime’s commission.
If the underlying crime’s mens rea is negligence or recklessness, then most courts hold the intent is met if accomplice
- intended to help the commission of the crime, and
- acted with negligence or recklessness (whichever required).
Depraved Heart Murder
Depraved Heart Murder occurs when a D causes a death by **reckless INDIFFERENCE to an UNJUSTFIABLY HIGH risk of human life. **
Distinguish Battery + Assault in Crim Law v. Tort Law
**CRIM Battery: **
(1) unlawful force (2) to another person (3) that is harmful or offensive (not permitted).
SPECIFIC INTENT NOT REQUIRED.
D DOES NOT need act with specific intent to create harm–D just needs general intent to commit the act prohibited by law.
**TORT Battery: **
(1) Harmful of offensive contact (2) with the P’s person.
INTENT REQUIRED.
D’s intent to create a harmful or offensive contact is required. Caustion is required.
**CRIM Assault: **
(1) ATTEMPT TO COMMIT BATTERY
-OR-
(2) INTENTIONAL creation of REASONABLE apprehension in the victim of IMMINENT bodily harm
-Words alone are not enough- must be coupled with physical act.
**TORT Assault: **
Act by the defendant creating a REASONABLE apprehension in plaintiff of an IMMEDIATE harmful or offensive contact to plaintiff’s person.
Words alone are NOT enough - must be coupled with physical act.
D must INTEND to cause the harmful or offensive contact to plaintiff’s person, and causation is required.
felony murder
- D must commit -or- attempt to commit a felony
- felony is distinct from killing itself
- death is forseeable result from the felony (note-some jurisdictions only require that the crim is malum in se
- death occured before D reached place of temporary safety
I most JX, D NOT LIABLE for felony murder when CO-FELON IS KILLED by police or victim.
Prox cause theory:
D liable for deaths cause by someone OTHER than co-felon.
Agency theory:
D only liable for killing by felon or their agent.
accesory after the fact
Accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. The crime committed by the principal must have been completed at the time aid is rendered.
crim statute intended to protect a class of people
If a statute is intended to protect members of a class from exploitation, members of that class CANNOT BE LIABLE, EVEN IF they participate in the crime that violates the statute.
CANNOT be liable for conspiracy to commit the crime either
voluntary intoxication
voluntary intoxcation can negate SPECIFIC INTENT
thus, it can negate the intent to kill in first degree murder and drop it down to
2nd degree- Depraved Heart Murder (D killed another with a reckless indifference to a unjustifiably high risk to human life)
