Criminal Law

Question 1

Jurisdiction

Answer 1

Acquired if either conduct or result occurs in state.

Question 2

Merger

Answer 2

Solicitation and attempt merge into committed substantive offense.

Question 3

Elements of a Crime

Answer 3

1) Act

2) Mental state

Question 4

Actus Reus

Answer 4

1) Voluntary bodily movement
- not reflexive/convulsive/unconscious/asleep

2) Omission as an act
- No legal duty to rescue
- Duty to act created by: statute, contract, relationship btw. parties, voluntarily assuming duty to care, creating the peril

Question 5

Mens Rea (go back to outline – what does specific intent/general intent actually mean?)

Answer 5

1) Specific Intent
- Includes: solicitation, conspiracy, attempt, 1st degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery
- Additional defenses: voluntary intox, unreasonable mistake of fact
2) Malice
- Reckless indifference
- Murder and Arson
3) General Intent
- All other crimes (except strict liability)
4) Strict Liability
- No intent crimes
- Any defense that negates intention does not help

MPC: Purposely (conscious objective), knowingly (aware), recklessly (consciously disregards substantial/unjustifiable risk), negligence (fails to be aware . . . )

Question 6

Accomplice Liability

Answer 6

Elements

1) Aids, advises, or encourages
2) Must have requisite intent
3) Liable for crime itself and foreseeable crimes

Withdrawal

• If encouragement, must repudiate
• If aid, must neutralize assistance
• Can also contact police

Question 7

Solicitation

Answer 7

Inchoate offense

Rule: Asking someone to commit a crime.

If person agrees –> conspiracy

If person proceeds far enough to make an attempt –> merger and both parties are now criminally liable for attempt.

Factual impossibility is no defense

Question 8

Conspiracy

Answer 8

Liability for all co-conspirators crimes if in furtherance of the conspiracy and were foreseeable

Elements

1) Agreement: Need not be expressed. Intent can be inferred.
2) Bilaterial/Unilateral: CL required 2 guilty parties; MPC requires only one.
3) Overt Act: Majority requires overt act in furtherance. Minority and CL just need the agreement alone.

Factual impossibility is no defense.

Withdrawal does not end the conspiracy, but it can relieve liability from subsequent crimes.

1) Affirmative act notifying all members of the conspiracy.
2) Must be done in time for them to have the opportunity to abandon their plans.

Question 9

Attempt

Answer 9

Rule:

1) Specific Intent (substantial step; more than mere preparation)
2) Overt act in furtherance of that crime

Defense of Abandonment
   Majority rule: After substantial step, no abandonment defense
   Minority rule (MPC): Allowed if fully voluntary with complete renunciation of criminal purpose

Legal impossibility is a defense. Factual is not.

Question 10

Insanity

Answer 10

Defense for crimes based on criminal capacity

Four Tests

1) M’Naghten Rule: Lacked ability to know the wrongfulness of his actions, or understand the nature and quality.
2) Irresistible Impulse: Lacked capacity for self-control and free choice.
3) Durham Rule: Conduct was a product of mental illness.
4) MPC: Lacked the ability to conform conduct to requirements of the law.

Question 11

Intoxication

Answer 11

Defense for crimes based on criminal capacity

Voluntary Intoxication: Only for specific intent crimes

Involuntary intoxication: A form of insanity. Defense to all crimes.

1) Unknowingly being intoxicated; OR
2) Becoming intoxicated under duress

Question 12

Infancy

Answer 12

Defense for crimes based on criminal capacity

Under 7: no criminal liability
Under 14: rebuttable presumption of no criminal liability

Question 13

Self-defense

Answer 13

Non-deadly force: V reasonably believes that force is about to be used on him

Deadly force
Majority: V reasonably believes deadly force is about to be used on him
Minority: Required to retreat if safe to do so.
- no duty to retreat from your home
- no duty to retreat if V of rape or robbery
- no duty to retreat for police officers

Original aggressor

• Can get back self-defense if: 1) Withdraw and 2) communicate that withdrawal
• If V escalates to deadly force, D can use force

Includes defense of others

Question 14

Defense of dwelling

Answer 14

Deadly force may never be used solely to defend your property

Question 15

Duress

Answer 15

Elements

1) Threat of imminent infliction of death or great bodily harm (self or others)
2) That belief is reasonable

Defense to all crimes EXCEPT homicide

Question 16

Necessity

Answer 16

As a result of pressure from natural forces, D reasonably believes conduct was necessary to avoid a greater societal harm

Distinguished from duress: duress involves a human harm

Question 17

Mistake of Fact

Answer 17

Negates intention

Availability:
Specific intent: any mistake at all
Malice/general intent: reasonable mistakes only
Strict liability: never a defense

Distinguished from factual impossibility: D never has intent to commit that crime with mistake of fact.

Question 18

Consent

Answer 18

Generally no defense.

Question 19

Entrapment

Answer 19

1) Criminal design originated with law enforcement

2) D not predisposed to commit the crime

Question 20

Battery

Answer 20

Unlawful application of force (direct or indirect), results in either bodily injury or offensive touching

Question 21

Assault

Answer 21

1) An attempt to commit battery

2) The intentional creation of a reasonably apprehension of imminent bodily harm (more than mere words)

Question 22

Aggravated assault

Answer 22

Assault plus

1) Use of deadly or dangerous weapon; or
2) Intent to rape, maim, or murder

Question 23

Homicide

Answer 23

1) Unlawful killing with malice aforethought
- Intent to kill; or
- Intent to inflict great bodily harm; or
- Intent to commit a felony; or
- Reckless indifference to an unjustifiably high risk to human life

2) Cause-in-fact of V’s death
3) Proximate cause: D is responsible for all results that occur as a natural and probable consequence of conduct.

Degrees: First, Second, Manslaughter

Question 24

First-degree murder

Answer 24

Premeditated killing: With intent or knowledge that conduct would cause death

Felony murder: Any killing committed during the course of a felony

• Defenses
  1) Any defense to underlying felony
  2) Felony must be a felony other than killing
  3) Deaths must be foreseeable
  4) Once D reaches point of temporary safety
  5) Not liable for death of co-felon

Homicide of police officer: D must know V is law enforcement AND V must be acting in line of duty

Question 25

Second-degree murder

Answer 25

Murders not classified as first-degree

Depraved heart killing: done with reckless indifference to an unjustifiably high risk to human life

Question 26

Manslaughter

Answer 26

Voluntary manslaughter

1) Killing in the heat of passion resulting from adequate provocation by V
2) Provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control
3) Not sufficient time btw. provocation and the killing for passions of a reasonable person to cool
4) D did not in fact cool off

Imperfect self-defense: some states give manslaughter if D has honest but unreasonable belief that life was in imminent danger

Involuntary manslaughter

• A killing of criminal negligence; OR
• Misdemeanor manslaughter

Question 27

False imprisonment

Answer 27

Unlawful confinement of a person without his valid consent.

Question 28

Kidnapping

Answer 28

Confinement of a person with some movement, or concealment in a secret place

Question 29

Rape

Answer 29

Slightest penetration completes the crime

Question 30

Statutory rape

Answer 30

Strict liability. Consent and mistake of fact are no defenses

Question 31

Larceny

Answer 31

Rule: Wrongful taking, a carrying away of property by another by trespass with intent to permanently deprive.

Slightest movement is enough

Intent to deprive must exist at the time of taking. Or, if taken without intent but later developed, can be larceny under theory of continuing trespass

Question 32

Embezzlement

Answer 32

Rule: The fraudulent conversion of property of another

Embezzler always has lawful possession followed by illegal conversation (think a Trustee)

Question 33

False Pretenses

Answer 33

Rule: D persuades owner of property to convey title by false pretense

False representation could be about past or present fact (not future)

If only possession (not title) is passed –> larceny by trick

Question 34

Robbery

Answer 34

Rule: Taking of personal property from the other person’s presence, by force or threat (of imminent harm), with intent to permanently deprive

Larceny (from person or presence) + Assault (by force or intimidation)

Question 35

Extortion

Answer 35

Rule: Knowingly seeking to obtain property or services by means of a future threat

Distinguished from robbery: threats are of future harm

Question 36

Forgery

Answer 36

Rule: The making or altering of a false writing with intent to defraud

Question 37

Burglary

Answer 37

Rule: Breaking and entering of a dwelling of another at night with intent to commit a felony therein.

Breaking can be actual or constructive.

• Actual: Does not include walking through wide-open doors or windows.
• Constructive: By fraud or threat

Dwelling: cannot be a barn or commercial structure

Intent to commit felony therein: must exist at the time of breaking and entering

Question 38

Arson

Answer 38

Rule: The malicious burning of the dwelling of another

Only applies to burning (and charring). Not smoke damage (or scorching).

At CL, no arson for burning own dwelling

Question 39

Reasonable belief defenses

Answer 39

1) self-defense
2) duress
3) necessity
4) mistake of fact

Question 40

Trigger words

Answer 40

Trapped/confined –> false imprisonment
Touched –> battery
Fearful –> assault