Criminal Law Flashcards
9What are specific intent crimes
Solicitation, attempt, cospiracy, First Degree Murder, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement.
What are general intent crimes
Battery, rape, kidnapping, false imprisonment
Solicitation
Solicitation of another to commit a crime, specific intent that person solicited commit the crime, mo over act needed. It does merge into substantive offense.
Conspiracy
Agreement between two or people to commit a crime. Specific intent to: 1) enter into agreement; and 2) achieve objective. Act in furtherance of the conspiracy. Does not merge into substantive offense.
Attempt
Performance of an act that would be a crime if successful. Mental state required for specific intent to commit the particular crime attempted. MPC– substantial step test. Tradition rule– act dangerously close to success. It does merge into subtantive offense.
Larceny
Taking and asportation of property from possession of another person. Without consent or with consent obtained by fraud with intent to steal. Title does not pass.
Embezzlement
Conversion of property held pursuant to a trust agreement. Use of property in a way inconsistent with terms of trust. With intent to defraud. Title does not pass.
False Pretenses
Obtaining title to property. By consent induced by fraudulent misrepresentation with intent to dread. Title passes.
Robbery
Taking of property from another’s presence by force or threat of force with intent to steal. Title does not pass.
Accessory after the fact
Person who helps another escape after committing a crime. Not an accomplice. Not liable for the underlying crimes committed by the person they help escape. Acting as accessory after the fact= separate, lesser charge.
Elements of Accomplice Liability
Must be intentionally aiding, counseling, or encouraging the crime—active aiding, etc., required. Mere presence not enough even if by presence defendant seems to be consenting to the crime or even if defendant fails to notify the police. If crime is one of recklessness or negligence, accomplice must intend to facilitate commission and act with recklessness or negligence. Liability is for the crime itself and all other foreseeable crimes
Defenses for accomplices
Withdrawal is an affirmative defense if prior to the crime’s commission
If encouraged crime, must repudiate encouragement
If provided material, must neutralize the assistance
Or may notify police or otherwise act to prevent crime
Burglary
A breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in a structure
Arson
Malicious burning of the dwelling of another
False imprisonment
Unlawful confinement of a person without their valid consent
Kidnapping
False imprisonment + some movement or concealment of a victim in a secret place
Receipt of stolen property
Receiving possession and control of stolen personal property known to have been obtained illegally by another person with intent to permanently deprive the owner of their interest in the property
M’Naghten test
disease of the mind caused a defect of reason so defendant lacked the ability at time of their actions to know wrongfulness or understand nature and quality of actions
Irresistible impulse test
unable to control actions or conform conduct to law
Durham test
crime was product of mental disease or defect
Conspirator and class members of protected statutes
If a statute is intended to protect members of a limited cast from exploitation or overbearing, members of that class are presumed to have been intended to be immune from liability, even if they participate in the crime in a manner that would otherwise make them liable.
Consent
Consent will be implied if it appears that the contact would be consented to by a reasonable person under the circumstances.
