Criminal Law Flashcards
M’Naghten
Defendant either did not know the nature of the act or did not know the act was wrong because of a mental disease or defect
Insanity vs. Incompetence
Insantity- Mental diese or defect
Incompetence is a bar to trial.
Test to determine Comptence
- whether the defendant comprehends the nature of the crime
- whether the defendant can assit in his defense.
at time of trial, not at the time of crime
Voluntary Intoxication
When a person voluntarily ingests the substance knowing that it is an intoxicant
Defense to specific intent crimes (FIAT) if it prevents the defendant from forming the needed mens rea.
- not a defense to crimes requiring malice,
Involuntary intoxication
When a person is coerced, doesnt realized they received an intoxicant or has an unexpected reaction to a medicine.
Defense to specific and general intent crimes
Homicide Causation
But for cause- Victim would not have died but for the defendants act
proximate cause- must be foreseeable cause of the victim’s death. If there is an intervening cause, then may be a defense. Liablility will be cut off if third party act was not foreseeable.
Transfereed Intent
Defendant acts with the intent to cause harm to one person, but causes harm to another then can still have the needed mens rea.
Common Law Murder
Unlawful killing of a human being committed with malic aforethought
Malice
- Intent to kill; or
- intent to harm; or
- Depraved heart; or
- Felony (BAARK) murder
Felony Murder
Killing during the commission or an attempted commission of an inherently dangerous felony (BARRK)
Defense to felonly murder
- point of safety (felony is completed)
- unforeseeable death
3.
Felony murder bystander
D not liable for a bystander killed by police or if person resisted
Co-Felon Felony Murder
D not liable
First Degree
premediated and deliberate
premeditate
D had time to plan and reflect on the killing. Time can be brief
Deliberate
D decided to kill in a cool and impassionate way
second degree
homicide committed with the necesscary intent
Voluntary Manslaughter
Need Provocation and no time to cool off
Provocation
Reasonable person would be provoked and the defendant was provoked
Time to cool
No time for an ordinary person to cool off AND D did not acctually cooled off
Transfered provocation
may medicate first degree murder if D had the wrong person
Imperfect Self Defense
may medicate murder to voluntary manslaughter if D used too much force or against the wrong person
Involuntary manslughter
Unintentional homicide committed with criminal negligence or during an unlawful act.
need to show causation
Criminal Negligence
A grossly negligent act that puts another at a significant risk of death and aware of the risk
Criminal Battery
Unlawful application of force to another person that causes bodily harm or offense touching
Criminal Assult
Kidnapping
Unlawful confinement of a person against their will AND moving or hiding the victim.
If moving was a commission of another crime then have to move extra far to consider kidnapping as well
False imprisonment
Unlawful confinement of another person without consent
Larceny
Taking another person’s property without his consent and with the
intent to deprive permanently at the time of taking
Embezzelment
Fradulent conversion of the property of another that was originally in lawful possession of the property
False pretense
Occurs when D obtains title of the property of another through reliance on the false representation of material fact made by D with the intent to defraud
must know representation of false and have intent to defraudob
Robbery
Larceny + Assault
Taking of another person’s property without his consent with intent to permanently deprive and the taking occurs from the victim’s person or in his presence and either by violence or putting the victim in fear of imminent physical harm
Bulgary
Breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony inside.Re
Receipt of Stollen Property
(1)Receiving control of stolen property
(2) knowledge that the property is stolen and
(3) intent to permantly deprive the owner of the property
Conspiracy
(1) Agreement
(2) between 2 or more people to
(3) commit an unlawful purpose
(4) with the intent to accomplish that purpose
(5) overt act
Attempt
(1) substantial steps towards the commission of a crime AND (2) the specific intent to commit the crime
Withdrawl
After agreement but before overt act, can withdraw and not be guilty.
2 ways
- communicate notice to co-conspirators that pulling out
- notify police
Abandonment
At CL, once the D has taken a substantial step to complete the crime, the crime can not be abandoned.
Some states do allow voluntary abandonment as a defense.
Not voluntary if motivated to avoid detection.
Self Defense
Use of reasonable force to protect someone at a reasonable time.
Can only use deadly force if met with that.
Retreat is not required.
Initial Agressor
Initial Agressor can use self defense if they initially were using non deadly force but was met with deadly force
or if agressor completely withdraws and communicats that to victim then the other person comes after them then can use self defenseI
Imperfect self defense
Unreasonably use deadly force then can medicate a second degree to involuntary manslaughter
Defend Others
A person has the right to defend others with the same force they are being met with
Duress
A third’s party unlawful threat that (1) caused the D to reaosnable believe the only way for them to avoid death or serious bodily injury is for them to violate the law. (2) causes them to violate the law.
Defense to some crimes, not to intentional homicide but maybe criminally negligent homicide.
Insanity Rule Statement
In the majority of jurisdictions, the defendant has the burden of proving insanity. The level of proof required in this jurisdiction is a preponderance of the evidence. Insanity includes mental abnormalities that may affect legal responsibility.
