Criminal Law Flashcards
Pass bar
state acquires jurisdiction over a crime if
THE CONDUCT or THE RESULT happened in that state.
Jay, standing in California, shoots a high-powered rifle across state lines into Arizona and kills someone. Which state has jurisdiction
BOTH
Generally, is there merger of crimes in American law?
Generally, there is no merger
What crimes merge into substantive crime?
SOLICITATION AND ATTEMPT do merge into the
substantive offense.
Crime requires voluntary act? Which bodily movements don’t count?
Examples of bodily movements that do not qualify for criminal liability
REFLEXIVE OR CONVULSIVE E.G., SIEZURE
act performed while you are UNCONSCIOUS OR ASLEEP, E.G., SLEEPWALKING
When is omission an act sufficient for criminal liability?
Where there is a legal duty created: 1. by statute; 2. by contract; 3. by relationship (e.g., parent/child); 4. by voluntarily assuming duty and failing to adequately perform; 5. Where your conduct CREATED THE PERIL
Four Common Law Mental States of a Crime:
(1) specific intent crimes, (2) malice crimes, (3) general intent crimes, and (4) strict liability crimes.
SPECIFIC INTENT CRIMES
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts.
a. Solicitation (Inchoate offense)
b. Conspiracy (Inchoate offense)
c. Attempt (Inchoate offense)
d. First-degree murder
e. Assault
f. Larceny
g. Embezzlement
h. False pretenses
i. Robbery
j. Burglary
k. Forgery
MALICE CRIMES & their mental state
MURDER and ARSON. WE NEED RECKLESS DISREGARD TO GET MALICE CRIMES
GENERAL INTENT crimes
big catch-all category
DOCTRINE OF TRANSFERRED INTENT
INTENT TO KILL WOMAN A IS TRANSFERRED TO SHOOTING WOMAN B. ALWAYS TWO CRIMES IN A TRANSFERRED INTENT HYPO. BOTH THE ACTUAL MURDER AND THE ATTEMPTED MURDER THAT YOU FAILED TO COMMIT THERE’S NO MERGER HERE.
STRICT LIABILITY CRIMES
RAPE AND BATTERY. If the crime is in the administrative, regulatory, or morality area and you don’t see any adverbs in the statute such as KNOWINGLY, WILLFULLY, OR INTENTIONALLY, then the statute is meant to be a no intent crime of strict liability.
MPC: Purposely
Knowingly
Recklessly
Negligently
Purposely: One acts purposely when it is his CONSCIOUS OBJECTIVE to engage in
certain conduct or cause a certain result
Knowingly: One acts knowingly when he is KNOWLINGLY AWARE that his conduct will very likely cause the result.
Recklessly: One acts recklessly when he CONSCIOUSLY DISREGARDS A SUBSTANTIAL UNJUSTIFIABLE RISK
Negligently: One acts negligently when he fails to be aware of a SUBSTANTIAL UNJUSTIFIABLE RISK.
ACCOMPLICE LIABILITY applies to someone who…
AIDS, ADVISES, or ENCOURAGES the principal in the commission of the crime charged with requisite intent that crime be committed.
Withdrawal from accomplice liability requires
If the person encouraged the crime, the person must REPUDIATE the encouragement.
If the person aided, he must do everything possible to NEUTRALIZE this assistance
Or CONTACT THE POLICE.
INCHOATE OFFENSES examples
Solicitation Conspiracy Attempt
Solicitation is…
Asking someone to commit a crime. If they agree, then it becomes CONSPIRACY. FACTUAL IMPOSSIBILITY is no defense to solicitation.
Conspiracy is…
an agreement, with an intent to agree, and an intent to pursue AN UNLAWFUL OBJECTIVE. does NOT merge with the substantive offense.
Each conspirator is liable for ALL the crimes of co¬conspirators if those crimes were committed IN FURTHERANCE OF THE CONSPIRACY AND WERE FORESEEABLE.
Conspiracy requires _____ act
an overt act in furtherance of the conspiracy. Any little act will do, even preparation. Factual IMPOSSIBILITY is no defense to conspiracy. Bilateral approach means if two people alleged to conspire and one is acquitted, then both are acquitted.
Withdrawal from consipiracy
Withdrawal, even if it is adequate, can never relieve the defendant from liability for the conspiracy itself. The defendant can withdraw from OTHER CONSPIRATORS CRIMES SUBSEQUENT TO THE WITHDRAWAL. But he cannot withdraw from this conspiracy.
ATTEMPT requires
(1) Specific intent plus (2) substantial step
in furtherance of the crime, mere preparation insufficient. Legal impossibility is a defense. Factual impossibility is not.
Four insanity tests and trigger phrases
M’Naghten rule: lacked the ability TO KNOW THE WRONGFULLNESS OF HIS ACTION
Irresistible Impulse: Defendant lacked the CAPACITY FOR SELF-CONTROL
Durham Rule:conduct WAS A PRODUCT OF MENTAL ILLNESS.
MPC: lacked ABILITY TO CONFORM HIS CONDUCT to the requirements of law.
Involuntary intoxication is a form of insanity.
Defenses to specific intent crimes
Voluntary Intoxication
Infancy
Under age 7 = no crim liability. Under 14 = rebuttable pres of no crim liability
SELF DEFENSE permissible when….
Non-deadly force: anytime the victim REASONABLY BELIEVES that force is
about to be used on him.
deadly force Majority Rule: victim reasonably believes that DEADLY FORCE IS ABOUT TO BE USED ON HIM
deadly force Minority Rule: A victim is required TO RETREAT IF IT IS SAFE TO DO SO SO.
Exceptions to minority duty to retreat re deadly force
no duty to retreat: 1. from home; 2. from rape or robbery; 3. cops needn’t retreat.
Original aggressor may claim self defense when…
- Original aggressor withdraws and communicates withdrawal; or 2. Original aggressor started minor fight, and original victim escalates to deadly force
