Criminal Law Flashcards
elements of every crime
act mental state and causation
omission is adequate for act when
(i) Statutory duty
(ii) Contractual
(iii) Special relationship
(iv) Assuming duty of care that is cast aside
(v) Causing danger and fail to mitigate
specific intent crimes
FIAT
first degree murder, inchoate crimes (CATS – conspiracy, attempt, solicitation), assault with attempt to commit a battery, and theft offenses (larceny, embezzlement, burglary, robbery)
Mistake of fact is defense even if unreasonable mistake
inchoate crimes
CATS – conspiracy, attempt, solicitation
Malice crimes
common law murder & arson
reckless disregard of a high degree of harm
general intent
intent to perform act and its an unlawful act
- Mistake of fact defense only if mistake is reasonable and goes to criminal intent
MPC purposeful
objective is to cause the result
MPC knowledge
aware the conduct is likely to cause the result
recklessness MPC
consciously disregard substantial and unjustifiable risk
default rule
MPC negligence
fails to perceive the risk
Meger applies when
lesser included offense
OR
inchoate crime and completed offense
–NOT conspiracy though (does not merge)
children liability
CL never under 7,
rebutted 7-14, and
14 may be charged as adult
Accomplices
held liable for principal crime if aide, advise, encourage
a)Either before or during commission of crime, with intent to assist principal to commit crime
b)Liable for planned crime and any other foreseeable crime that occurs
c)Exception: person protected by statute cannot be accomplice in violating such statute (rape)
accessories after the fact
assist, harbor, comfort principal after crime
Separately liable for a lessor crime than principal
aiders & abettors & conspiracy
maybe guilty of conspiracy if agreement to commit crime and overt act was taken in furtherance of that agreement
MPC mental state of accomplices
accomplice must act with purpose of promoting or facilitating crime and intend acts will assist or encourage criminal conduct
Minority rule for accomplices
liable if intentionally or knowingly aids or causes another person to commit an offense