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
Criminal facilitation
person not guilty of crime may be guilty of lessor crime of facilitation by assisting
conspiracy elements
1) agreement; (2) 2 or more people; (3) intent to commit an unlawful act; AND (4) overt act in furtherance (modern statute add)
a) MPC drops 2 people req
b) More than just knowing crime will occur and mere prep
attempt elements
(1) specific intent to commit particular criminal act and (2) makes substantial step toward crime
intend the crime
Common law murder
a) Defined: unlawful killing of another human being committed with malice aforethought
b) Types of malice
(i) Intent to kill: need not be premediated, but form desire to kill
(ii) Intent to inflict serious bodily harm: intend to hurt victim badly and victim dies
(iii) Abandoned & malignant heart or depraved heart: disregard for human life and death
(iv) Felony murder: death occurred during commission of dangerous felony
Felony murder crimes
- BARRK: burglary, arson, robbery, rape, and kidnapping
first degree murder
a) (1) deliberate and (2) premediated; inherently dangerous felony
voluntary manslaughter
acted in heat of passion or under extreme emotional disturbance
(i) No cool off period
involuntary manslaughter
negligent killing or killing of someone in crime other than those in FM (misdemeanor)
Larceny
a) (1) taking; (2) another person’s property; (3) without his consent/trespassory and (4) with intent to permanently deprive
(i) Larceny by trick means gain consent by fraud
Embezzlement
a) Fraudulent conversion of another person property by person in lawful possession of property
False pretenses
a) Obtain title though an act of deception – intentional false statement with intent to defraud
b) All above are treated as same under MPC crime “theft”
Robbery
a) Larceny + assault
b) (1) taking; (2) another person’s property; (3) without his consent/trespassory; (4) with intent to permanently deprive; (5) taking occurs from victim’s person or in his presence; and (6) either by violence OR put victim in reasonable fear of imminent physical harm
c) Extortion: obtaining property through threat of future harm or blackmail
Burglary
a) Common law: (1) breaking and (2) entering; (3) the dwelling; (4) of another; (5) at night; (6) with intent to commit a felony once inside (larceny ex)
b) Modern: (1) breaking and (2) entering; (3) the property; (4) of another; (5) with intent to commit a felony once inside (larceny ex)
Battery
(1) unlawful (2) application of force (3) to another person (4) that cause bodily harm OR an offensive touching
Assault
(1) attempt to commit battery or (2) fear of harm: intentionally placing another in fear of imminent harm
Rape
1) unlawful; (2) sexual intercourse (3) with a female; (4) against her will by force or threat
1) MPC: gender neutral and lack of consent req
kidnapping
(1) unlawful; (2) confinement of another person; (3) against that persons will; (4) either by moving or hiding the victim
Arson
(1) malicious (2) burning (3) of another person’s (4) dwelling
1) Act in way that will cause burning or likely to cause burning
2) CL: damage req to the structure. Modern: no damage to structure and explosion included
Perjury
willful act of falsely promising to tell the truth about material matters
Bribery
corrupt payment of something of value for purposes of influencing. N official in discharge of his official duties
1) Modern: bribery even if not a public official
Insanity - M’Naughten
(1) did not know nature of act or (2) not know act was wrong bc mental defect
Mental disease or defect
Insanity - irresistible impulse
mental defect that precent D controlling himself
Durham insanity
would not have committed crime but for mental disease or defect
MPC insanity
did not have substantial capacity to appreciate wrongfulness of action or conform his conduct to the law
(i) ALL require D has a mental disease or defect
(ii) D has burden of proof
nondeadly force self defense
victim is entitled to use non deadly force any time he reasonably fears imminent unlawful harm
deadly force self defense
only if reasonably believes deadly force will be used against him (MPC adds serious bodily injury)
(i) Retreat not required
(ii) Minority: retreat required unless in home
Duress
D claims he committed crime only because (1) threatened by third party and (2) reasonably believes only way to avoid death to self or others was to commit crime
a) Not apply to intentional murder
b) Not threat to injure property
