Criminal Law Flashcards
3 Elements of an Offense
- Actus Reus (voluntary act or culpable omission
- Mens Rea (defendant’s state of mind at the time of the voluntary act or omission
- Result (if required at the time of the voluntary act or omission
Strict Liability
Liability that does not depend on any intent or actual negligence to cause harm
Ex, Pharma, Statutory Rape
Ignorance/Mistake of Law
The general Rule is that Mistake of Law is not a defense but under the MPC, Def must have correctly interpreted the law and engaged in* reasonable reliability* of the official statement of the law. Then after the act, the statute is found to be erroneous
Cannot use Mistake of law defense when you incorrectly interpreted the statute
When mistake of fact can be a defense
when it negates the mens rea
Ex.
mannequin, never intended to kill a person but intended to shoot the mannequin
When a mistake of fact is not a defense
when it does not negate the mens rea
Intent to Kill Murder
defendant had either purpose or knowledge (practical certainty) that death would result
Half of the jurisdictions bifurcate Intent to Kill Murder either in the 1st or 2nd degree
Voluntary Manslaughter
an intentional killing in the heat of passion due to a legally adequate provocation
Common Law Approach to Voluntary Manslaughter
Categorical/Traditional Approach to Voluntary Manslaughter
- Must be the type of provocation that would drive a reasonable person into a hot-blooded rage. (objective)
- Defendant must have been driven into a hot-blooded rage. (subjective)
- There must not have been enough time for a reasonable person to cool off. (objective)
- Defendant must not have had enough time to cool off and was acting in a hot-blooded rage. (subjective)
Categorical Approach to legally adequate provocation
1 adultery
2. severe battery
3. mutual combat
4. infliction of horrible injury upon a loved one
5. false arrest
6. extreme assault
7. informational words
MPC Approach to Voluntary Manslaughter
Is there a cooling off period?
Pro defendant or pro prosecutor?
an intentional killing committed under the influence of an extreme emotional or mental disturbance for which there is a reasonable explanation or excuse for
no cooling off time
pro- defendant approach
Involuntary manslaughter (both mens rea req)
accidentally killing someone as the result of recklessness or gross negligence
Recklessness approach to Involuntary Manslaughter
(half of jurisdictions follow )Recklessness - when the defendant was consicouly aware of the large and unjustifiable risk but they do it anyway
Gross negligence
Damn negligence - gross negligence doesn’t require you proving what was going on inside of the defendant’s head; he was just stupid.
Depraved Heart Murder
Not purposely or knowingly committed but caused by extreme recklessness / recklessness that shows extreme indifference to the value of human life
Intent to Inflict Great Bodily Harm Murder
you had no purpose to kill, you had no practical certainty of killing someone but you had intent to inflict serious bodily harm to an individual
Felony Murder
No Mens Rea Requirment at all for killing
Just have to prove mens rea for the predicate felony
Burglary
Arson
Robbery
Rape
Kidnapping
Felonious Escape
When Does Felony Murder Apply
when your:
attempting an independent felony (substantial step)
committing the felony
immediate flight of felony (doesn’t matter if you completed it)
Felony Murder
Agency Doctrine
(co-felon Liabilities)
the killing must be in furtherance of the felony for co-felons to be liable for felony murder.
Ex. If Teeter kills Batra because Batra was sneezing and he was worried his sneezing would wake up Dittfurth, the victim, then Teeter’s reasoning for killing Batra was in furtherance of the burglary. Under this set of facts, Kauffman is guilty of felony murder.
Affirmative Defense for Co-Felons under Felony Murder
Majority of jurisdictions follow as prosecution does not have to prove mens reas
- Def has to prove he was not armed with a deadly weapon
- he did not know his co-felons were armed with deadly weapons
- he did not participate in the actual killing itself
- he had no reason to believe his co-felons were going to kill somebody
Mens Rea Requirements for Attempted Murder
- Specific Intent to Kill
- Practical certainty that your actions will kill them
Ex. Serial Rapist With Aids
There’s no shred of evidence that he had specific intent to kill the women he raped; he had no practical certainty that raping them would kill them
Consider the facts – is death by AIDS a probable result of killing someone like shooting someone in the head??
NO! Which means there’s no practical certainty that
his actions were a death sentence
Attempted Involuntary Manslaughter
you cant attempt to make a stupid mistake that kills someone
Attempted Voluntary Manslaughter
you can attempt
(you cannot find a defendant guilty for Attempted Involuntary Manslaughter)
ex: catching your spouse in the act of adultery - takes out gun, shoots, but misses
Majority Rule: MPC Substantial Step for attempt
In half of the states, there must have been a substantial step taken by the defendant that was strongly corroborative of his criminal purpose
Abandonment
You can abandon your criminal purpose, but it must be voluntary and complete
only applies if you crossed the line from preparation to attempt.
LOTS OF CONFUSION AND CONFLICT
Voluntary Abandonment
not Voluntary Abandonment if you were motivated in part by new awareness of circumstances that would make the crime more difficult to commit or make your apprehension more likely
Ex,
Your are about to rob Scott and you see his AR and bounce