Criminal Law Flashcards
Jurisdiction and General Matter
A state acquires jurisdiction over a crime if either the conduct or the result happened in that state.
What about merger?
Generally, there is no merger of crimes in American law.
BUT solicitation and attempt do merge into substantive offense. Thus, if you have completed that crime, you cannot be convicted of attempting to commit the crime.
Conspiracy does NOT merge into the substantive offense. THUS you can be convicted of conspiring to do something and doing it.
Essential Elements of a Crime
- An Act.
- An omission as an Act.
- Mental State
What is an Act?
Bodily movement BUT the act must be a voluntary act.
Bad thoughts is not enough.
Examples of bodily movements that do NOT qualify for criminal liability
OFTEN TESTED
- Conduct which is not the product of your own volition.
- A reflexive or convulsive act..
- An act performed while you are unconscious or asleep. (sleep walking)
What is an omission as an Act?
Generally there is no legal duty to rescue but sometimes there is a duty to act.
When is there a duty to act?
- Required by statute
- Requirement to file tax returns. - Required by contract
- A lifeguard or nurse has a legal duty to act. - Because of the relationship between the parties.
- A parent’s duty to protect children, or a spouse’s duty to protect the other spouse. - Because you voluntarily assume a duty of care and fail to adequately perform it
- Where you conduct created the peril
Four Common Law Mental States of a Crime
- Specific intent crimes,
- Malice crimes
- General intent crimes
AND - Strict liability crimes
Specific Intent Crimes
The importance of specific intent crimes is that they will qualify for additional defenses not available for other types of crime. (voluntary intoxication, unreasonable mistake of fact)
- Solicitation (inchoate offense)
- Conspiracy (inchoate offense)
- Attempt (inchoate offense)
- First degree murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts
Malice Crimes
On the bar exam, there are only two malice crimes:
1. Murder
AND
2. Arson
**Need a reckless disregard.
General Intent Crimes
All crimes not so far mentioned are general intent crimes unless they qualify for strict liability.
Rape, Battery
What happens when the test only says “murder”?
It is second degree murder. Common law murder.
NOT A SPECIFIC INTENT
Strict Liability Crimes (No intent)
The importance of strict liability on the bar exam is that any defense that negates intention cannot be a defense to no intent crimes of strict liability.
If the crime is in the administrative, regulatory, or morality (MOST OFTEN) 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.
NO INTENT CRIMES
What about transferred intent fact patterns?
Always two crimes.
Attempted and Actual (Murder)
Mental States and the Model Penal Code
- 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 aware that his conduct will very likely cause the result.
- Recklessly: One acts recklessly when he consciously disregards a substantial and unjustifiable risk.
- Negligently: One acts negligently when he fails to be aware of a substantial and unjustifiable risk.
When given a statute, what do you look for?
- Admin , regulatory, or morality purpose?
2. Any adverbs of intent?
Accomplice Liability
An accomplice is one who aids, advises or encourages the principal in the commission of the crime charged.
Accomplices must also have the requisite intent that the crime be committed.
Accomplices are liable for the crime itself and all other foreseeable crimes.
Accomplices and Withdrawl
If the person encouraged the crime, the person must repudiate the encouragement.
If the person aided by providing assistance to the principal, he must do everything possible to neutralize this assistance.
An alternate means of withdrawing is to contact police.
Inchoate Offenses
Means incomplete.
Three Kinds:
- Solicitation
- Conspiracy
- Attempt
Solicitation
Asking someone to commit a crime. The crime ends when you ask them.
It is not necessary for the person to agree to commit the crime.
Factual impossibility is not a defense
What happens if the person you solicit actually does it?
Then it becomes conspiracy and the solicitation merges and the only crime left when the other person
Conspiracy
An agreement, with the intent to agree, and an intent to pursue an unlawful objective.
Notes on Common Law Conspiracy
- Conspiracy does not merge with the substantive offense.
- Robbery and Conspiracy to Commit Robbery
- Liability for Co-conspirators’ crimes: Each conspirator is liable for ALL the the crime of conspirators if those crimes were committed in FURTHERANCE and FORESEEABLE.
- The agreement need not be expressed.
- Intent can be inferred from conduct.
- Factual impossibility is no defense.
- Withdrawal, even if adequate, can never relieve the liability for conspiracy, ONLY subsequent
Approaches to Conspiracy
Bilateral Approach
Unilateral Approach - one person have a genuine criminal intent. (MPC approach)
Overt Act requirement of Conspiracy
The majority rule is that in order to ground liability for conspiracy there must be an agreement PLUS some OVERT ACT in furtherance of the conspiracy.
- Any little act (mere preparation)
Minority rule and CL rule grounded liability for conspiracy with the agreement itself.
**Always apply majority unless told otherwise.
Criminal Attempt
Requires:
- Specific intent
- Overt act in furtherance of the crime.
Overt Act in Attempt
Must be an substantial step in furtherance of the commission of the crime; thus, mere preparation cannot ground liability for attempt.
Abandonment Defense of Attempt
The majority rule is that, once Defendant has taken a substantial step toward committing the crime, abandonment is never a defense.
The Model Penal Code allows for this defense only if it is fully voluntary and a complete renunciation of criminal purpose.
Impossibility applied to Attempt
Legal impossibility is a defense to attempt but factual impossibility is not a defense
Defense for Crimes Based On Criminal Capacity
- Insanity
- Intoxication
- Infancy
Insanity Tests
- M’Naghten Rule: At the time of his conduct, Defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
- Irresistible Impulse: Defendant lacked the capacity of control and free choice.
- Durham Rule: Defendant’s conduct was a product of mental illness.
- Model Penal Code: Defendant lacked ability to conform his conduct to the requirements of law.
Two types of intoxication
- Voluntary Intoxication
2. Involuntary intoxication.
Voluntary Intoxication
Is a defense on the bar exam only to specific intent crimes (and no other kind of crime).
For purposes of the bar exam, adicts and alcoholics are always voluntarily intoxicated.
Involuntary Intoxication
- Unknowingly being intoxicated,
OR - Becoming intoxicated under duress.
Examples of Involuntary Intoxication
- You have something slipped into your drink and you didn’t know what it was or what its effects are;
- You are forced to drink.
A form of insanity. Thus, it is a defense to all crimes.
Infancy
Two rules:
- Under age seven (7) - no criminal liability.
- Under age fourteen (14) rebuttable presumption of no criminal liability.
Principles of Exculpation and Other Defenses
- Self Defense
- Defense of a Dwelling
- Duress
- Necessity
- Mistake of Fact
Self Defense Modes
- Non-Deadly Force
- Use of Deadly force
- Original Aggressor and Defense
- Defense of Others
Non-Deadly Force in Self Defense
A victim may use this anytime the victim reasonably believes that force is about to be used on him.
Deadly Force in Self Defense
Majority: Anytime victim reasonably believes deadly force will be used on him.
Minority: A victim is required to retreat if it is safe to do so EXCEPT:
- From your home
- If you are victim of rape or robbery
- If you are police officer.
Original Aggressor and Defense in Self Defense
To get back the defense of self-defense, the original aggressor MUST:
1. Withdraw
AND
2. Communicate withdraw
IF the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense (reasonable)
Defense of Other
If they reasonably believes that the person assisted would have had the right to use force in his own defense
Majority Rule: No need for a special relationship.
Defense of a Dwelling
Deadly force may NEVER be used solely to defend property
Duress
A defense to a criminal act IF:
1. The person acts under the treat of imminent infliction of death or great bodily harm
AND
2. That belief is reasonable
Threats to harm a third person may also suffice to establish the defense of duress.
Duress is a defense to all crimes except homicide.