Criminal Law Flashcards
When does a state have jurisdiction over a crime?
(1) The ACT/CONDUCT was committed in the state OR (2) the RESULT occurred in the state.
- There can be two states that both have jurisdiction.
What’s the difference between felonies and misdemeanors?
Felonies are generally punishable by death or imprisonment for more than one year; other crimes are misdemeanors.
How does the concept of Merger apply under modern Criminal Law?
Generally, there is no merger of crimes in American law. However, a person who solicits another to commit a crime may not be convicted of both the solicitation and the completed crime (if the person solicited does complete it). Similarly, a person who completes a crime after attempting it may not be convicted of both the attempt and the completed crime. Conspiracy, however, does not merge with the completed offense.
What are the general elements of a crime?
A physical act (actus reus), a mental state (mens rea), and a concurrence of the act and mental state. A crime may also require proof of a result and causation (meaning the act caused the harmful result).
What is a Physical Act for purposes of criminal law (common law)?
For a defendant’s bodily movement to be a Physical Act, D must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act.
When does an omission to act give rise to criminal liability (at common law)?
The failure to act gives rise to liability only if:
(1) There is a legal duty to act (EX: statute; contract; relationship between parties; voluntary assumption of care by D; D created the peril for V),
(2) The defendant has knowledge of the facts giving rise to the duty to act; and
(3) It is reasonably possible to perform the duty.
Can common law intent be inferred from an action for criminal law purposes?
Specific Intent: The existence of a specific intent cannot be conclusively imputed from the mere doing of the act, but the manner in which the crime was committed may provide circumstantial evidence of intent.
General Intent: A jury may infer the required general intent merely from the doing of the act.
What defenses are available ONLY for specific intent crimes (common law)?
Voluntary intoxication AND unreasonable mistake of fact.
What crimes are specific intent crimes (at common law)?
SCAFALEFRBF: Students can always fake a laugh, even for ridiculous bar facts.
- Solicitation: Intent to have the person solicited commit the crime.
- Conspiracy: Intent to have the crime completed.
- Attempt: Intent to complete the crime.
- First degree premeditated murder: Premeditated intent to kill.
- Assault: Intent to commit a battery.
- Larceny: Intent to permanently deprive the other of their interest in the property taken.
- Embezzlement: Intent to defraud.
- False pretenses: Intent to defraud
- Robbery: Intent to permanently deprive the other of their interest in the property taken.
- Burglary: Intent to commit a felony in the dwelling.
- Forgery: Intent to defraud.
What are the Malice crimes at common law? What is required to meet the standard for malice?
(Second Degree) Murder AND arson. Malice requires a reckless disregard of obvious or high risk that a particular harm will occur.
What is required for strict liability in criminal law (at common law)? How can you tell if the crime on the exam is a strict liability crime?
There is no mens rea requirement–D is liable merely for committing the voluntary act.
NOTE: If the crime is in the administrative, regulatory, or morality area and there are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,” then the statute is meant to be a no intent crime of strict liability.
What standard is applied when a statute use the mental states of Purposely, Knowingly, or Recklessly? What about for negligence.
Subjective standard. Objective for negligence.
When does someone act Purposefully under the MPC?
A person acts purposely when their conscious objective/intent is to engage in certain conduct or cause a certain result.
When does someone act knowingly under the MPC?
A person acts knowingly with respect to the nature of their conduct when they are aware that their conduct is of a particular nature or that certain circumstances exist.
- Also, the person is deemed to be aware of these circumstances when they are
aware of a high probability that they exist and deliberately avoid learning the truth. The person acts knowingly with respect to the result of their conduct when they know that their conduct will necessarily or very likely cause a particular result.
When does someone act Recklessly under the MPC?
A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in that situation.
- Recklessness involves both objective (“unjustifiable risk”) and subjective (awareness) elements.
When does someone act Negligently under the MPC?
A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care.
- The defendant must have taken a very unreasonable risk (higher than the standard for Torts).
When does Transferred Intent apply for criminal law purposes?
The defendant can be liable under the doctrine of transferred intent when they intend the harm that is actually caused, but to a different victim or object.
- Applies to homicide, battery, and arson (NOT ATTEMPT!).
What sort of mental concurrence is required for mental fault with a physical act?
The defendant must have had the intent necessary for the crime at the time they committed the act constituting the crime, and the intent must have prompted the act.
Who are principals in the first degree?
At common law, principals in the first degree are persons who engage in an act that constitutes a crime.
Who are principals in the second degree?
At common law, principals in the second degree are persons who aid, advise, or encourage and are present.
Who are accessories before the fact?
At common law, accessories before the fact are persons who assisted or encouraged but were not present.
Who are accessories after the fact?
At common law, accessories after the fact are persons who, with knowledge that another committed a felony, assisted them to escape arrest or punishment.
Under modern statutes, what are principals, accomplices, and accessories after the fact?
- The principal is one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.
- An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged.
- An accessory after the fact is one who assists another knowing that they have committed a felony in order to help them escape.
In order to be convicted of a substantive crime as an accomplice, what intent must the accomplice have?
(1) the intent to assist the principal in the commission of a crime; and (2) the intent that the principal commit the substantive offense.
- Generally, mere knowledge that a crime will result is not enough for accomplice liability.
What are the elements of accomplice liability?
An accomplice is a person who (1) has the intent to assist the principal and (2) has the intent that the principal commit the crime and (3) actually aids, counsels, or encourages the principal in the commission of the crime.
- When the substantive crime has negligence or recklessness as its mens rea, the intent element is satisfied if the accomplice (1) intended to facilitate the crime and (2) acted with negligence or recklessness.
What is the Scope of Accomplice Liability?
An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.
What are the requirements and effects of withdrawal from a crime involving accomplice liability?
To be effective, Withdrawal must (1) occur before the crime becomes unstoppable, (2) the withdrawer must repudiate their encouragement and (3) neutralize their prior assistance and (4) notify the police or take other action to prevent the crime.
- If an effective Withdrawal, then the accomplice cannot be held liable.
What are the elements of conspiracy?
A conspiracy requires (1) an agreement between two or more persons to carry out an illegal act; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement (criminal intent).
- The object of the conspiracy must be criminal or the achievement of a lawful object by criminal means.
- Modern statutes require an overt act–an act of mere preparation should suffice. Note that this was not required at common law.
What are the modern vs common law approaches to conspiracy multi-party intent requirements?
Modern/Unilateral Approach: Only 1 party must have criminal intent.
Traditional/Bilateral Approach: At least 2 parties must have criminal intent.
When will a conspirator face liability for his co-conspirators’ crimes?
A conspirator may be held liable for crimes committed by other conspirators if the crimes (1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable.
What are the defenses to conspiracy?
NOT DEFENSES: Factual impossibility; Withdrawal from Conspiracy (but may be a defense to crimes committed in furtherance of conspiracy)
- Making Withdrawal Effective as to Crimes in Furtherance: To withdraw, a conspirator must perform an affirmative act that notifies ALL members of the conspiracy of their withdrawal. Notice must be given IN TIME FOR THE MEMBERS TO ABANDON their plans. If the conspirator has also provided assistance as an accomplice, they must try to neutralize the assistance.
What is Solicitation in criminal law?
Asking another person to commit a crime with the intent that the person commit it.
What is Attempt in criminal law? What are its elements/requirements?
An act done with the specific intent to commit a crime that falls short of completing it. ELEMENTS: (1) Intent to commit the crime and (2) an OVERT ACT (An act beyond mere preparation).
— Traditional/Proximity Test: Dangerously close to completion.
— Modern/Majority Test: Substantial step in course of conduct.
What are the merger rules for conspiracy and completed crimes?
Conspiracy and the completed crime are distinct offenses; there is no merger. A defendant may be convicted of and punished for both.
