Criminal Law Flashcards
Specific Intent
Intent to engage in proscribed conduct
General Intent
Awareness of acting in a proscribed manner
Malice
reckless disregard of a known risk
strict liability
conscious commission of proscribed act
purposely
conscious object to engage in proscribed conduct
Knowingly
awareness that conduct is of a particular nature or will cause a particular result
recklessly
conscious disregarding of a substantial and unjustifiable risk
negligently
failure to be aware of a substantial and unjustifiable risk
transferred intent
defendant liable when they intend the harm that is actually caused, bit to a different victim or object. Does not apply to attempt. Applies to homicide, battery, and arson.
causation
defendant’s conduct must be both the cause-in-fact and the proximate cause of the specified result
Accomplice Liability
must:
1) intend to assist the principal in the commission of a crime and
2) intend that the principal commit the crime
When the underlying crime is recklessness or negligence mens rea, most jurisdictions would hold that the accomplice need only act with recklessness or negligence
Accessory after the fact
person who aids another to escape knowing that he has committed a felony. Liable for separate, less serious crime of being an accessory after the fact
withdrawl
must occur before the crime becomes unstoppable
conspiracy
1) an agreement between two or more persons
2) an intent to enter into an agreement
3) an intent by at least two persons to achieve the objective of the agreement
note - common law requires at least two “guilty minds” (bilateral approach) and most states require there to be an OVERT ACT (must actually be unlawful) - mere preparation is enough for conspiracy, unlike attempt!!
NO MERGER for conspiracy
Solicitation
asking someone to commit a crime, with the intent that the person solicited commit the crime - if they agree, merges to conspiracy!
Attempt
an act done with the intent to commit a crime that falls short of completion. Act must be beyond mere preparation and most states requires that it constitute a “substantial step” toward the commission of the crime.
Inchoate Crimes (3)
conspiracy, attempt, solicitation
Common law murder
The unlawful killing of a human being with malice aforethought.
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart)
4) intent to commit a felony (felony murder)
malice aforethought
exists where there are no facts reducing the killing to voluntary manslaughter or excusing it
First Degree Murder
defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing
First Degree Felony Murder
a killing committed during the commission of an enumerated felony
Second Degree Murder
depraved heart killing - a killing done with reckless indifference to an unjustifiably high risk to human life
felony murder
any death caused in the commission of or in an attempt to commit a felony. malice implied from intent to commit the felony. if the underlying felony has a defense, cannot be charged with felony murder!!
BARRK felonies included:
Burglary
Arson
Robbery
Rape
Kidnapping
felony murder limitations
1) felony must be distinct from the killing itself
2) death must have been a foreseeable result of the felony
3) the death must have been caused before the defendant’s “immediate flight” from the scene
voluntary manslaughter
a killing that would be murder, but for the existence of adequate provocation.
adequate provocation
1) aroused sudden and intense passion that in the mind of an ordinary person, causing them to lose self-control (ex: exposure to a threat of deadly force, being a victim of a serious battery, finding spouse cheating)
2) defendant was in fact provoked and lost control
3) not sufficient time between the provocation and the killing
4) the defendant in fact did not cool off between the provocation and the killing
imperfect self-defense
murder may be reduced to manslaughter even though the defendant was at fault in starting the altercation, or the defendant unreasonably, but honestly believed in the necessity of responding with deadly force
involuntary manslaughter
a killing committed with criminal negligence or by recklessness under the MPC) OR in some states, during the commission of an unlawful act. The defendant’s conduct must be the cause in fact and the proximate cause of the victim’s death.
note - victim’s refusal of medical services and third party’s negligent medical care are foreseeable risks
Battery
an unlawful application of force to another person resulting in either bodily injury or an offensive touching
GENERAL INTENT CRIME
Aggravated Battery
batter with a deadly weapon battery resulting in serious bodily harm, or battery or a child, woman, or police officer
Assault
1) an attempt to commit a battery; or
2) the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm (can’t be words alone)
Aggravated Assault
assault plus the use of a deadly or dangerous weapon or with the intent to rape, maim, or murder
False Imprisonment
unlawful confinement of a person without the person’s valid consent. confinement must “substantially interfere” with the victim’s liberty
Kidnapping
1) some movement of the victim or
2) concealment of the victim in a secret place
Aggrevated Kidnapping
ransom, for the purpose of committing other crimes, child stealing
Rape
unlawful carnal knowledge of a woman by a man without her effective consent. “Sexual assault” gender neutral in most states
Statutory Rape
strict liability crime - under the age of consent rape - no mistake of fact defense to strict liability crimes
larceny
a taking and carrying awar of tangible personal property of another by trespass with intent to permanently deprive
slightest movement!
at the time of the taking, must have intent to permanently deprive
embezzlement
the fraudulent conversion of personal property of another by a person in lawful possession of that property
A trustee is often the embezzler
Flase pretenses
obtaining TITLE to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other
tricked into giving up title to their property
Larceny by trick
defendant is tricked into giving up mere custody or possession of property.
robbery
a taking of personal property by another from the other person’s person or presence by force or threats of immediate death or physical injury with the intent to permanently deprive them of it
presence is broad - farmer in barn wbile robbery took things from house is ok
Extortion
corrupt collection of an unlawful fee by an officer under color of office - does not have to be in teh presence of the victim and may be of future harm
Receipt of Stolen Property
recieving possession and control of “stolen” personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest in it
forgery
making or altering a writing with apparent legal significance so that it is false with intent to defraud
burglary
a breaking (walking in open door is NOT breaking) and entering of a dwelling of another at nighttime with the intent to commit a felony therein
Arson
malicious burning (scorching not sufficient) of a dwelling of another
most states have expanded to be other types of buildings
insanity defense
M’Naghten - defendant does not know right from wrong or does not understand his actions
Irresistable Impulse - an imulse that defendant cannot resist
Durham - but for the mental illness, defendant would not have done the act
MPC/ALI - combination of M’Naughten and irresistable impulse (lacked the capacity to either appreciate the criminality of their conduct or conform their conduct to the requirements of law)
Intoxication
Voluntary - defense to specific intent crimes
involuntary - taking of a substance without knowledge of its nature, under duress, or pursuant to medical advice while unaware of the substances’ intoxicating effect
infancy
0-7: no liability
7-14: rebuttable presumption that the child was unable to understand the wrongfulness of their acts
Nondeadly Force
a person without fault may use such force as the person reaonsbly believes is necessary to protect themselves from teh imminent use of unlawful force upon themselves.
Deadly Force
a person may use deadly force in self-defense if the person is without fault, is confronted with unlawful forces, and reasonably believes that they are threatened with imminent death or great bodily harm
NEVER be used in defense of property
Duress
defense to any crime other than intentional homicide
necessity
common law - can only be natural forces.
MPC = person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in teh crime
causing death is never justified
Mistake of Fact
relevant only if it shows that the defendant lacked the state of mind required for the crime - only REASONABLE mistakes
Mistake of fact affects criminal guilt only if it shows that the defendant did not have the state of mind required for the crime
Mistake of Law
must negate awareness of some aspect of the law regarding the element of the crim required or must be due to statute not being reasonably available/reasonable reliance on a judicial interpretation or statute/reasonable reliance on official advice
Entrapment
crimnal design originated with the police and defendant was not predisposed to commit the crime before contact with the police
