Criminal Law Flashcards
Jurisdiction
Acquired if either conduct or result occurs in state.
Merger
Solicitation and attempt merge into committed substantive offense.
Elements of a Crime
1) Act
2) Mental state
Actus Reus
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
Mens Rea (go back to outline – what does specific intent/general intent actually mean?)
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 . . . )
Accomplice Liability
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
Solicitation
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
Conspiracy
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.
Attempt
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.
Insanity
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.
Intoxication
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
Infancy
Defense for crimes based on criminal capacity
Under 7: no criminal liability
Under 14: rebuttable presumption of no criminal liability
Self-defense
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
Defense of dwelling
Deadly force may never be used solely to defend your property
Duress
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
Necessity
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