Criminal Law

Question 1

False imprisonment criminal

Answer 1

Unlawful confinenment of a person without their consent

Modernly = D must significantly interfere with the victim’s freedom of movement.

Defenses:
* involuntary intoxication
* reasonable mistake of fact

Defenses
Involuntary intoxication
Reasonable mistake of fact

Question 2

false imprisonment tort

Answer 2

1. The intentional act to confine V to a bounded area with no reasonable means of escape AND
2. P is aware of confinement OR harmed by it

Question 3

Involuntary Manslaughter

Answer 3

D engages in a negligent act that causes the death of another

Aka killing caused by negligence (or recklessness under MPC) or foreseeably caused during a misdemeanor or non-IDF felony)

Defenses
Involuntary intoxication
Reasonable mistake of fact

Question 4

Kidnapping

Answer 4

Unlawful confinement of another without their consent, that involves some movement of the victim or their concealment in a secret place

Note
* kidnapping a mentally disabled person or a child = they are never able to consent bc they lack capacity to consent. any movement/concealment of these people without authority to do so is kidnapping

Defenses
Involuntary intoxication
Reasonable mistake of fact

Question 5

Rape

Answer 5

• common law = unlawful sexual intercourse by a man with a woman cant be charged with rape of own wife
• modern = intercouse without effective consent. slightest penetration sufficient.
• —ineffective consent = consent obtained by force, threat of force, someone lacked capacity to consent (mental condition, unconscious, drunk), or victim is tricked into believing its not intercourse
• note = it is the proseuction burden to prove there was no consent. consent is NOT a defense that D raises. Px must prove beyond a raeasonable doubt bc lack of consent is an element of the crime!

Defenses
Involuntary intoxication
reasonable mistake of fact

Question 6

Arson

Answer 6

Common law
* the malicioius burniing of the dwelling of another

Modern/MPC
* the malicious burning of any protected structure
* could be your own home

cant be a car under either test. its not a home and not a building

Defenses
Involntary intoxication
reasonable mistake of fact

Question 7

Battery criminal

Answer 7

• criminal - unlawful application of force, directly or indirectly, upon the plaintiff’s person resulting in a harmful or offensive contact
• offensive contact is offensive to a reasonable person

Df:
involuntary intoxication
reasonable mistake of fact
self defense

Question 8

Battery tort

Answer 8

• D acts
• intending to cause a contact with the plaintiff’s person
• contact ends up being harmful or offensive

self defense

Question 9

What are the general intent crimes?

Defenses?

BARKFIM

Answer 9

1. Battery
2. Arson
3. Rape
4. Kidnapping
5. False imprisonment
6. Involuntary Manslaughter

Defenses
involuntary manslaughter
reasonable mistake of fact

Question 10

What are specific intent crimes
AMBIT

defenses?

Answer 10

1. Assault
2. Murder (premeditated and delibrate), voluntary manslaughter
3. Burglary
4. Inchoate crimes
5. Theft crimes

Inchoate
* attempt
* conspiracy
* solicitation

Theft crimes
* robbery
* larceny
* larceny by trick
* False pretenses
* embezzlement
* forgery

Defenses
1. Involuntary intoxication
2. voluntary intoxication
3. reasonable mistake of fact
4. unreasonable mistake of fact (in good faith)

Question 11

Assault criminal

Answer 11

1. attempted battery (intended to cause a battery)
   * P does not have to be aware
2. fear of battery
   * intent to cause V imminent fear of a harmful or offensive contact
   * P has to be aware + be scared
   * Must be Words + conduct
   * Words alone not enough

Defenses
1. Involuntary intoxication
2. voluntary intoxication
3. reasonable mistake of fact
4. unreasonable mistake of fact (in good faith)

Question 12

Assault Tort

Answer 12

Intent to cause V reasonable apprehension of a harmful or offensive contact

P has to be aware
No fear required!
Must be Words + conduct
Words alone not enough

Question 13

Murder

common law

Answer 13

Unlawful killing of another done with malice aforethought

Malice
1. intent to kill
* voluntary intoxication is a defense.
2. intent to cause serious bodily harm
* voluntary intoxication is a defense.
3. D acts recklessly, disregarding a substantial and unjustifable risk to human life (depraved heart murder)
4. Felony murder (intent to commit a felony murder)

Defenses
1. Involuntary intoxication
2. voluntary intoxication
3. reasonable mistake of fact
4. unreasonable mistake of fact (in good faith)

Question 14

First degree murder

Answer 14

the intentional, delibrate and premediated killing of another person

1. Intent to kill
2. Premeditated = you actually reflected on the intent to kill
3. Deliberate = not in heat of passion

Defenses
Voluntary intoxication
Involuntary
Reasonable or unreasonable mistake of fact

• If D was so intoxicated that he was unable to premeditate, he can be convicted only of 2° murder, which requires only reckless indifference to human life (and for which voluntary intoxication is not a defense).
  iii. Aka mitigates murder from 1° to 2°, not to manslaughter

Question 15

Second degree murder

Answer 15

all other murder at common law

1. intent to cause serious bodily harm
2. D recklessly disregards a substantial and unjustifiable risk to human life
   * voluntary intoxication is not a defense
3. Felony murder

Question 16

Felony murder

Answer 16

Any death caused during the commission of an inherently dangerous felony
* An underlying felony must already be occuring
* Death must be foreseeable result of the felony
* Death must have been caused before D’s immediate flight from the felony ended

BARRK

DEFENSE TO ALL FM
* A valid defense to the underlying felony negates the felony murder! (so if D was intoxicated + cant form intent to commit underlying felony, cant be charged w FM)
*

Question 17

Is D liable for the death of his Co-felon?

Answer 17

NO

Question 18

Is D liable for deaths CAUSED BY his co-felon?

Answer 18

Agency Theory (MAJORITY)
2. Yes. D is liable for deaths committed** only by himself or his co-felon **if reasonably foreseeable result of the felony / occured during felony
3. Note: if co-felon used V a s a shield and police shot V – D will be liable

Proximate Cause theory
* D Not liable for deaths caused by co-felon
* D liable for the deaths caused by anyone other than a co-felon during the commission of a felony

DEFENSE TO ALL FM
* A valid defense to the underlying felony negates the felony murder! (so if D or co felon was intoxicated + cant form intent to commit underlying felony, cant be charged w FM or deaths resulting from it )

Question 19

Robbery

Answer 19

The trespassory (without consent) taking and carrying away of another’s property from their person or presence (area of control or vicinity) via force, intimidation, or fear of immediate harm with intent to permanently deprive them

i. Key points
1. Force or threat must induce actual fear in the victim and can be directed at the victim’s relatives, companions, or home
a. Force can also be applied indirectly, such as through the use of sedatives.
b. Force or threats may be use either to gain possession of the property or retain possession immediately after such possession has been accomplished

Question 20

Accomplice liability

Liable for principal crime?
liable for crimes committed by principal?
Defenses?

Answer 20

D can be charged as accomplice when
1. aid, counsel, encourage the comission of a crime with dual intent (intent to assist primary party; intent that the crime occur)

D is liable for the principal offense (robbery)

D is liable for all foreseeable crimes committed by the primary party

merely being present or knowing crime will occur is NOT enough

cant be convicted if member of class protected by law

Defenses
* Withdrawal
* must repudiate prior aid or encouragement given (i take it back)
* do all that is possible to counteract the prior aid
* must do so before chain of events are in motion such that crime is unstoppable