Criminal Law Flashcards
Specific intent
Specific intent means that the D had a subjective intent to perform the unlawful act and accomplish the prohibited result.
What are the specific intent crimes
(FIAT)
First-degree murder
Inchoate crimes
Assault (and attempted battery)
Theft
General intent
General intent means that the D only intended to perform the unlawful act.
Accomplice liability
An accomplice may be held liable if they acted with the requisite mens rea to aid the principal before or during the commission of a crime. The accomplice is liable for the planned and other foreseeable crimes, regardless of the principal’s conviction.
Defense to accomplice liability
An accomplice may defend against liability if they withdrew, meaning they repudiated their aid or counteracted their prior aid before the events were unstoppable.
Accessory after the fact
An accessory after the fact may be held liable for obstruction of justice if they acted with the intent to assist the principal in avoiding apprehension after completion of the crime.
Attempt Elements
An attempt requires 1) specific intent to commit a crime, 2) performed an overt act in furtherance, but 3) failure to complete the crime.
Attempt - Dangerous proximity test
Under the CL dangerous-proximity test, an overt act occurs when D comes so close to completing the offense that it is essentially unstoppable.
Attempt - Substantial step test
Under the majority substantial-step test, D’s conduct qualifies as an overt act when it exceeds mere preparation and corroborates D’s specific intent.
Legal impossibility defense to attempt
Legal impossibility can be a defense to attempt if the intended act would not be criminal even if it were completed.
Abandonment defense to attempt
Abandonment is only a defense if the actus reus has not been completed (i.e., there has been no substantial step).
Solicitation
Solicitation means to invite or urge another to commit a crime with the intent that the party do so.
Renunciation defense to solicitation
Voluntary renunciation may be a defense if D thwarts the commission of the solicited crime.
CL Conspiracy elements
A CL conspiracy requires 1) an agreement between 2 or more persons (bilateral), and 2) intent to commit a crime.
MPC Conspiracy elements
An MPC conspiracy requires 1) at least one person agrees (unilateral), 2) to commit a crime, and 3) overt act in furtherance of the conspiracy.
Withdrawal defense to MPC conspiracy
Withdrawal can be a complete defense if an overt act has not yet occurred and D gave notice to co-conspirators or timely notified the police.
Pinkerton Rule
Under the Pinkerton rule, a conspirator is liable for the conspiracy and for the co-conspirators’ substantive crimes committed in furtherance of the conspiracy.
Merger doctrine
Under the merger doctrine, an attempt or solicitation will merge into the target crimes if it is completed. The merger doctrine also merges lesser included offenses (offenses that are necessarily required for completion of a more serious crime) into the more serious crime so that D can only be convicted of the more serious crime.
Homicide
Homicide is the killing of a living human being by another and includes murder & manslaughter.
CL Murder
Under the CL, murder is the unlawful killing of another person w/ malice aforethought.
Malice aforethought
Intent to kill
Intent to inflict serious bodily injury
Depraved heart murder
Intent to commit a felony
Felony Murder Rule (FMR)
The unintended and foreseeable killing during the commission of an inherently dangerous felony triggers the FMR.
Inherently dangerous felonies that fall under the FMR
(BARRK)
Burglary
Arson
Robbery
Rape
Kidnapping
Defenses to FMR
Can’t prove D committed or attempted to commit the underlying felony
Death not foreseeable
Bystander deaths - agency theory
Under the agency theory (majority), D is not liable for a bystander’s death caused by a felony victim or police officer.
Bystander deaths - proximate cause theory
Under the proximate cause theory (minority), D is liable for such deaths under the FMR.
Liability for co-felon’s death
D is not liable for a co-felon’s death by a victim or a police officer.
First degree murder
First degree murder is usually deliberate and premeditated
Second degree murder
Second degree murder is usually common law murder.
Voluntary manslaughter
Voluntary manslaughter is a homicide committed with malice aforethought but with mitigating circumstances such as heat of passion.
Involuntary manslaughter
Involuntary manslaughter is the unintentional killing by criminal negligence or recklessness under the MPC, or during an unlawful act.
Crime - Battery
Unlawful application of force to another that causes harmful/offensive contact.
Crime - Assault
Attempted battery OR intentionally placing one in apprehension of imminent bodily harm.
Kidnapping
Intentional and unlawful confinement w/o consent 1) by force or threat, AND 2) moving or hiding the V.
Kidnapping incident to another crime
For a kidnapping to occur incident to the commission of another crime, the movement of V must be more than is necessary to complete the other crime.
Crime - False imprisonment
Intentional and unlawful confinement of another w/o consent by force or threat.
Larceny
1) unlawful taking and carrying away of 2) someone else’s property 3) with the specific intent to permanently deprive them of that property.
Larceny by trick
Larceny by trick is larceny that is 1) accomplished by fraud/deceit, and 2) to obtain possession of someone else’s property.
False pretenses
False pretenses is larceny that is 1) accomplished by fraud/deceit and 2) to obtain title to someone else’s property.
Robbery
Robbery is larceny 1) from the person or presence of the victim through 2) force or intimidation.
CL Burglary
Under the CL, burglary is the 1) breaking and entering, 2) of someone else’s dwelling, 3) at night, 4) with the specific intent to commit a felony therein.
Modern Burglary
Under the modern rules, burglary is the 1) unlawful entry, 2) of someone else’s structure, 3) with the specific intent to commit a crime therein.
CL Arson
Under the CL, arson is the 1) malicious burning 2) of someone else’s dwelling.
MPC Arson
Under the MPC, arson includes any intentional fire or explosion intended to destroy a building/structure, as well as the destruction/damage of own property to collect insurance.
Embezzlement
Embezzlement is the 1) fraudulent conversion 2) of someone else’s property 3) by a person with lawful possession of the property.
Extortion
Extortion is the taking of money or property from another by threat.
Majority view of extortion
Under the majority view, D does not need to successfully obtain the property to be guilty of extortion.
Forgery
1) making of a false writing, 2) with apparent legal significance 3) with the intent to defraud.
Possession crime
D is guilty of possession so long as they exercise dominion and control over a prohibited object/substance. D must have possessed the prohibited thing long enough to have provided D with an opportunity to cease possession. D is not required to be aware that possession is illegal.
Receipt of stolen property
1) they receive control of stolen property, 2) they know it’s stolen, and 3) they have intent to permanently deprive the owner of the property.
State of mind defenses that negate mens rea
Mistake of fact
Mistake of law
Insanity
Intoxication
Honest and reasonable mistake of fact
An honest and reasonable mistake of fact negates specific and general intent crimes.
Unreasonable mistake of fact
An unreasonable mistake of fact only negates specific intent crimes.
Mistake of law
Mistake of law is generally not a defense unless 1) D is mistaken about an element that negates intent, 2) D relied on gov’t interpretation that later changes, or 3) lack of notice.
Insanity defenses
All require D to have at least a mental disease/defect.
M’Naghten
Irresistible impulse
Durham
MPC
M’Naghten insanity defense
Under the M’Naghten test, D must not understand the wrongfulness of the act.
Irresistible impulse insanity defense
Under the irresistible impulse test, D lacks capacity for self control to conform their conduct to the law.
Durham insanity defense
Under the Durham test, D would not have committed the crime but for the mental disease/defect.
MPC insanity defense
Under the MPC approach, D lacked substantial capacity to appreciate the wrongfulness of their conduct or to conform their conduct to the law.
Intoxication as a defense to crime
Intoxication as a defense depends on whether the intoxication was voluntary or involuntary, and whether the crime was specific intent or general crime.
Voluntary intoxication as a defense to crime
Voluntary intoxication applies to negate specific intent only.
Involuntary intoxication as a defense to crime
Involuntary intoxication applies to negate general and specific intent, malice, and voluntary acts. This means that involuntary intoxication may be a defense to strict liability by negating the voluntary actus reus.
Self-defense to crime
Generally, V can use reasonable force to prevent imminent unlawful harm.
Deadly force in self-defense to crime
Deadly force can only be used if 1) reasonable belief that deadly force is necessary to prevent imminent serious bodily injury/death, AND 2) not the initial aggressor.
When does an initial aggressor have the right to act in self defense against a crime
An initial aggressor may have the right to act in self defense if 1) aggressor’s nondeadly force was responded with deadly force, OR 2) aggressor withdrew and communicated so.
When is there no duty to retreat in the face of a crime?
No duty to retreat before using non-deadly force.
When is there no duty to retreat in the face of a crime at home?
No duty to retreat before using deadly force at home.
Imperfect self defense for murder
Murder can be reduced to voluntary manslaughter when a killing in self-defense is not justified.
Defense of others in the face of a crime
One has the right to defend a V to the extent that V has the right to defend themself.
Defense of property in the face of a crime
One is permitted to use nondeadly force if it is reasonably necessary to protect property.
When is deadly force permitted to defend property?
Deadly force is permitted only to prevent a felony, arson, burglary, or robbery.
Duress defense to crime
Duress may be a defense if a threat of imminent death or serious bodily injury forced D to commit the crime. Duress is never a defense to intentional murder.
Necessity defense to crime
Necessity defense is applicable when natural forces causes D to commit what would otherwise be a crime.
Consent defense to crime
1) voluntary given, 2) no fraud, and 3) V is competent to consent. Consent is usually not a defense unless it negates a required element of the crime.
Entrapment defense to crime
Entrapment is when 1) the crime is induced by the gov’t, AND 2) D was not predisposed to commit the crime.
Force permitted to resist unlawful arrest
D may only use nondeadly force to resist an unlawful arrest.
How is the amount of an embezzlement measured?
The amount of an embezzlement is measured by the value of the property at the time of conversion.
What is a lesser included offense?
A lesser included offense is a less serious offense that is necessarily committed during the commission of a greater offense.
How is seriously offering to sell drugs a CL solicitation?
in offering to sell drugs, the seller is encouraging the prospective buyer to possess a controlled substance which is a crime.
What does malice crimes require a showing of?
Malice crimes require proof that the D acted with either KNOWLEDGE that their act would cause a particular result, or RECKLESSNESS i.e., consciously disregarded risk
Community of interest with regard to a conspiracy
A conspiracy can exist among individuals who do not know each other when there is a community of interest in the achievement of the objective of the conspiracy. A community of interest typically exists when EACH alleged conspirator plays a role in reaching that objective.
Can D be guilty of burglary (not just attempted burglary) even if they did not complete the crime?
YES; burglary is completed so long as there was unlawful entry of a building with the specific intent to commit a crime therein.
