Criminal Law Flashcards
Elements of a Crime
1) Act -voluntary act (willed bodily movement) -omission/failure to act
2) Causation
3) Mental State (mens era) i.e. intent
**General Rule: almost every crime requires the 3 elements. DON’T DISCUSS MENTAL STATE if the other elements aren’t met.
Burden of Proof for Criminal Cases
Beyond a Reasonable Doubt is required (except for petty offenses) (preponderance of evidence standard violates due process clause)
Other Burdens of Proof in Criminal Cases
1) Burden of Production - coming forward with enough evidence to put a fact at issue 2) Burden of Persuasion - convincing trier of fact (usually jury) that the evidence proves a fact if D has burden of production for an issue, the issue is called “affirmative defense” (i.e. insanity)
Right to Trial by Jury
only petty offenses can be tried by a judge. 6th Amendment guarantees right to trial by jury. greater than 6 months in jail = right to jury trial
What is a petty offense?
Less than 6 months in jail. More than 6 months in jail=right to jury trial
Theories of Punishment
+Retribution - (backward looking)
+Utilitarianism
+Deterrence - (forward looking)
- specific: offender afraid to re-offend
- general: send message to society in general. everyone afraid to offend.
+Rehabilitation - (“fix” the offender for his/her own good & good of society)
Moral Influence Theory
+Incapacitation - (‘thug in prison can’t shoot your sister’)
Omissions
General Rule: omission is not an act Exception: where you have a duty to act. duty exists in limited circumstances. MPC 2.01: must be physically capable AND have a legal duty.
Omissions: 4 situations where failure to act may be breach of legal duty
1) statutory 2) status relationship (i.e. mother/child, spouses) 3) contractual 4) omission AFTER: creation of risk OR assumption of care
Omission Recap
omission is NOT an act UNLESS physically capable of acting AND duty exists. Duty exists IF: statutory, status relationship, contractual, or omission after creation of risk or assumption of care
Acting
Cause (stimulus) & Effect: Stimulus (cause): axe, poison, throw a punch, throw a can of gasoline Effect: death, vomiting, burns down building
Causation
Actual Cause (“but for” causation) Proximate Cause (was effect foreseeable)
Causation
Step 1 (stimulus): Ask “but for”…i.e. “but for Colonel Mustard swing the axe, would victim have died?” Step 2: Ask “was the effect of the stimulus foreseeable?”
Proximate Cause Test
Needs to be foreseeable and should not be highly extraordinary
Actual Causation: Special Rules
+accelerating the result if my actual cause accelerates a result that would have otherwise occurred, then both are actual causes. Dealing with multiple actual causes simultaneously. Tiebreaker.
+concurrent sufficient causes two people attack simultaneously, then both are actual causes. “but for” test does not work.
+independent supervening cause examples: but for the stabbing, would John have died from cancer?
Proximate Causation: Special Rules
- Special Rule on Foreseeability
- Eggshell Skull Rule
- you take your victim as you find them
- if reasonable person in your situation would have known this person has thin skull,then you are proximate cause of death of thin skulled person
- Medical Malpractice
- “mere” malpractice is foreseeable (may still be proximate cause)
- “gross” malpractice is not foreseeable (not proximate cause)
- Eggshell Skull Rule
Causation Flowchart
- Determine if action is “but for” cause (actual causation)
- Determine if action is “foreseeable” or instead “highly extraordinary” (Proximate causation). Foreseeable, proximate cause. Highly extraordinary, then not proximate cause.
- Before you make conclusion that someone was actual or proximate cause. Ask if there is a human actor whose act comes between 1st act and the effect. i.e. did someone else’s act intervene between first person’s act & final result.
- Ask if middle actor’s act is “voluntary”. (Volunary = “free, deliberate, informed”)
- IF YES for #3 & #4, then this middle act is “intervening cause” or “superceding cause” and original actor is no longer the legal cause
Voluntary has different meanings for the act and causation
Act: Voluntary act = willed bodily movement
Causation: voluntary = free, deliverate, informed behavior. involuntary if middle actor acts because of: shame (stephenson); public duty; fear; insanity; ignorance of fact; self-defense. Involuntary=not intervening cause. Typically a year and a day rule applies for causation.
intentionally, knowingly, willfully…all mean the same thing
negligence: inadvertant risktaking, gross deviation from reasonable person
recklessness: early common law, same as negligence
malice: intent or recklessness
MPC Mental States
Purposely, knowingly, recklessly, negligently
MPC vs C/L Mental States
Purposely (C/L: Intent)
Knowingly (C/L: intent)
Recklessly (Old C/L: Negligence)
Negligently (C/L: Negligence)
(from Regina v Cunningham)
Purposely: conscious object to engage in conduct or cause result
Knowingly: awareness/practically certain
Recklessly: conscious disregard of substantial and unjustified risk
Negligently: disregard of…risk of which he should have been aware
Knowledge is satisfied if D is aware of high probability of existence of fact, unless he actually believes it does not exist
MPC Principles of Interpretation for Mens Rea
1) single mens rea term applies to every element that follows the mens rea (unless a contrary purpose is clear)
2) if statute is silent, must show recklessness (at a minimum)
Strict Liability Crimes
Presumption against strict liability
factors considered to overcome presumption:
- public welfare offense?
- legislative policy?
- reasonable burden?
C/L: Mens Rea
significant distinctions with MPC:
- intent includes purpose & knowledge
- early C/L, reckless was really lower standard of negligence
MPC Mens Rea
- purposely
- knowingly
- recklessly
- negligenty
1 mens rea term applies to all elements, unless contrary purpose
no strict liability crimes (only violations)
if criminal statute silent, must show at least recklessness
Homicide
killing of a human being by a human being
E.g.
- murder
- manslaughter (voluntary/involuntary)
- vehicular homicide
- suicide
- infanticide
Intentional Homicide: Analysis Checklist
- Common Law Murder
- 1st deg
- 2nd deg
- MPC Murder
- Voluntary Manslaughter
- C/L: heat of passion/provocation
- MPC: extreme emotional disturbance
Murder: traditional definition
“the UNLAWFUL killing of another human being with MALICE AFORETHOUGHT”
MPC Murder
murder is homicide…
1) commited PURPOSELY or KNOWINGLY or (voluntary)
2) RECKLESSLY under circumstances manifesting EXTREME INDIFFERENCE to the value of human life (involuntary)
Common Law: 1st/2nd Degree Homicide Checklist
- 1st degree premeditated killing
- Carroll Jurisdiction (passage of time is NOT required for premeditation. NO, only “conscious purpose” is required)
- Guthrie Jurisdiction
- must be a “gap” between formation of intent to kill & killing
- Consider:
- reflection/time
- planning (weapon, place)
- prior relationship
- deliberate manner of killing
- 2nd degree
- in Guthrie jurisdiction only
C/L 1st/2nd Degree Homicide: Checklist
some jurisdictions have 1st & 2nd degree murder; some only have 1st degree murder
1st Degree Premeditated Killing
- Carroll Jurisdiction
- intent is sufficient in a carrol jurisdiction
- death penalty murders are typically spelled out
- Guthrie Jurisdiction (death penalty eligible)
- consider: reflection/time; planning (weapon/place); prior relationship; deliberate manner of killing
2nd Degree
- Guthrie Jurisdiction only
*
An INTENTIONAL killing is NOT always MURDER!
in some circumstances, an intentional killing that would ordinarily be MURDER can be reduced to MANSLAUGHTER:
- C/L: Heat of Passion/Provocation
- MPC: Extreme Emotional Disturbance (EED)
Intentional Homicide: Analysis checklist
C/L Murder:
1st degree
Carroll Jurisdiction: (“premeditation” = “intent)
OR
Guthrie Jurisdiction: (“premeditation” = “deliberation during gap in time” + intent)
2nd degree
MPC Murder:
Voluntary Manslaughter:
(also known as mitigated murder or murder lite)
an intentional killing that would be murder can sometimes be reduced to manslaughter:
1) C/L: Heat of Passion/Provocation
2) MPC: Extreme Emotional Disturbance (EED)
C/L: Heat of Passion/Provocation
Elements:
1) Adequate Provocation
A) C/L Categories (“AMICA”)
- Aggravated Assault or Battery
- Mutual Combat
- Illegal Arrest
- Serious Crime Against Close Relative
- Observation of Wife - Adultery
B) Reasonable (Ordinary) Person Standard
2) State of Passion
3) Insufficient Cooling Time
4) Causal link between provocation, passion, and killing
Cooling Time Doctrine
if enough time has passed between the provocation and the kiling for an ORDINARY PERSON to cool down, there’s no defense…
UNLESS jurisdiction adopts “rekindling” (note 6, CB399-400)
MPC Manslaughter
Manslaughter:
Committed recklessly OR
a murder done under influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse
MPC Test for Mitigation of Murder to Manslaughter
D acted under influence of extreme emotional disturbance (subjective)
For which there was a reasonable explanation or excuse (objective)
From the viewpoint of a person in the actor’s situation under the cirumstances as he believes them to be
MPC: EED Bottom Line
checklist for analysis of intentional manslaughter
C/L: Voluntary Manslaughter
- Adequate provocation (categories + reasonable man)
- ordinary cooling off requirement (maybe rekindling allowed)
MPC: Manslaughter
- extreme emotional disturbance
- no cooling off requirement
MPC Murder
Murder
1) committed PURPOSELY or KNOWINGLY
OR
2) RECKLESSLY under circumstances manifesting EXTREME INDIFFERENCE to the value of human life
MPC: Negligent Homicide
negligently causes death of another human being
Reducing Murder to (voluntary) Manslaughter
Unintentional Homicide: Analysis Checklist
1) RECKLESS MURDER WITH extreme indifference to human life (depraved heart murder)(Both MPC and C/L)
2) MANSLAUGHTER
- C/L:
- Traditional involuntary
- Modern involuntary
- MPC:
3) NEGLIGENT HOMICIDE
Example: Comparing PA C/L vs. MPC
C/L PA Code:
- murder - 3 degrees
- voluntary manslaughter (provocation)
- involuntary manslaughter (reckess or gross negligence)
MPC:
- murder
- manslaughter (EED)
- negligent homicide
Unintentional Homicides that are NOT murder
1) Manslaughter
Common Law approaches:
tradtional involuntary
modern involuntary
MPC Approach
2) Negligent Homicide
MPC = Modern C/L
Modern C/L Approach to Involuntary Manslaughter
MENTAL STATE=Recklessness
(**NOT** NEGL. or GROSS NEGL)
MPC Manslaughter Mental State
RECKLESSNESS
Criminal Responsibilitiy
Manslaughter:
Traditional Involuntary (Negligent or reckless)
Modern Involuntary (reckless)
MPC (reckless)
Negligent Homicide
MPC: Negligent Homicide
negligently causes death of another human being.
- substantial and unjustified risk?
- of which D SHOULD HAVE BEEN aware?
- gross deviation of care from the ORDINARY person’s practices
Unintentional Homicide: Checklist
1) depraved heart murder: reckless + extreme indifference to human life
2) manslaughter
- C/L: Modern Involuntary (reckless)
- MPC: Manslaughter (reckless)
3) negligent homicide
Felony Murder
- [] Common Law
- [] EITHER:
- [] Agency jurisdiction
- [] All acts in furtherance of felony can be considered…only acts done personally by the felon/cofelons in furtherance of the felony
- [] General Rule
- [] in an agency jurisdiction, a felon or co-felon
must personally have directly by their own acts
committed the killing in furtherance of the felony - [] Exception to General Rule
- [] if robber uses a human shield and cops shoot that
victim, hold robber responsible for that death
even though they didn’t cause it by their own act
- [] if robber uses a human shield and cops shoot that
- [] in an agency jurisdiction, a felon or co-felon
- [] –OR–
- [] Proximate Cause jurisdiction
- [] foreseeable result of the felony?
- [] i.e. the normal causation rules apply
- [] General Rule
- [] if felon or co-felon commits a felony, and the
acts of the felony are the legal cause of a
death, then both felon and co-felons are guilty
of murder - [] must show:
- [] actual (but-for) cause
- [] proximate cause
- [] no voluntary intervening actors
- [] ((looking at the acts of the felony to see if
those acts caused the death in the legal
sense)
- [] if felon or co-felon commits a felony, and the
- [] ((cannot be both))
- [] Agency jurisdiction
- [] Differences under Proximate Cause and Agency Rules
- [] killings by non-felons
- [] police shoot an innocent bystander during gun battle
with felon (exception: human shields)
- [] police shoot an innocent bystander during gun battle
- [] deaths of co-felons
- [] co-felons A and B are in a shootout with the police
during a botched robbery. B makes a run to get away
and the police kill B. Is co-felon A guilty?
- [] co-felons A and B are in a shootout with the police
- [] frolics (foreseeable but not in furtherance of felony)
- [] armed co-felon A en route to an arson decides on his
own to rob a bank to get $ to buy extra gasoline for
the arson. The teller dies. Is co-felon B guilty?- [] proximate cause - guilty if foreseeable
- [] agency - if co-felon was frolicking and did on
his own initiative, then not guilty for his
actions that led to death.
- [] armed co-felon A en route to an arson decides on his
- [] killings by non-felons
- [] EITHER:
- [] MPC Distinction
- [] MPC is a proximate cause jurisdiction, but with a twist.
- [] MPC is proximate cause felony murder jurisdiction, but
MENTAL STATE EXISTS for felony murder in MPC
jurisdiction…
- [] MPC is proximate cause felony murder jurisdiction, but
- [] MPC felony murder is depraved heart murder
- [] murder if…reckless + extreme indifference to human life
- [] such recklessness & indifference are presumed if (in the
course of)…ROBBERY, RAPE, ARSON, BURGLARY, KIDNAPPING, OR
FELONIOUS ESCAPE. (Section 210.2.(1)(b)) - [] can try to rebut the presumption…
- [] MPC is a proximate cause jurisdiction, but with a twist.
Felony Murder - C/L Rule #1: Agency Jurisdiction
If felon or a cofelon personally kills someone by their acts “in furtherance of a felony”, then
Felon and cofelon(s) are guilty of murder.
Felony Murder - C/L Rule #2 Proximate Cause Jurisdiction
If a felon or cofelon commits a felony, and
The act(s) of the felony is/are the legal cause of a death, then
Both felon and any cofelons are guilty of murder.
Differences under Proximate Cause & Agency Rules for Felony Murder
Killings by non-felons
Police shoot an innocent bystander during gun battle with felon (exception: Human shields)
Deaths of cofelons
Cofelons A and B are in a shootout with the police during a botched robbery. B makes a run to get away and the police kill B. Is cofelon A guilty?
Frolics (foreseeable but not in furtherance of felony)
Armed Cofelon A en route to an arson decides on his own to rob a bank to get $ to buy extra gasoline for the arson. The teller dies. Is Cofelon B guilty?
Felony Murder in C/L Proximate Cause Jurisdiction
MUST SHOW:
ACTUAL (BUT-FOR) CAUSE
PROXIMATE CAUSE
NO VOLUNTARY INTERVENING ACTORS
MPC Felony Murder is Deprave Heart Murder
MURDER IF … RECKLESS + EXTREME INDIFFERENCE TO HUMAN LIFE
SUCH RECKLESSNESS & INDIFFERENCE ARE PRESUMED IF [in the course of]…ROBBERY, RAPE, ARSON, BURGLARY, KIDNAPPING OR FELONIOUS ESCAPE. § 210.2.(1) (b)
Limitations on Felony Murder Rule (both C/L & MPC)
- [] 1) Must be inherently dangerous felony (Statute or Fact-Specific)
- [] Two ways to decide if particular felony is inherently
dangerous:- [] A) statutory approach (CA)
- [] statute establishes dangerous felonies
- [] B) Actual Conduct
- [] is the felony dangerous based on the facts of the
case?
- [] is the felony dangerous based on the facts of the
- [] A) statutory approach (CA)
- [] Two ways to decide if particular felony is inherently
- [] 2) Merger Doctrine - Independent Felony (AKA Merger Rule)
- [] felony must be independent of the death itself
- [] Merger Rule
- [] if the underlying felony is a form of assault or
homicide, but attacker didn’t have the mens era necessary
for murder, he shouldn’t be tried for murder. - [] otherwise all felonious assaults resulting in death,
would be tried as murder, regardless of prosecutor’s
ability to prove intent. - [] What crimes merge (i.e. are not independent?)?
- [] assault/battery
- [] any kind of criminal homicide
- [] burglary: breaking and entering with intent to commit
a crime therein- [] depends on the crime
- [] if the underlying felony is a form of assault or
- [] 3) Res Gestae (time, place, proximity)
- [] a felony is considered terminated when the suspect has
achieved a position of relative safety from law enforcement.
- [] a felony is considered terminated when the suspect has
Misdemeanor: Manslaughter Rule
BASIC RULE:
If you commit a misdemeanor, and
In the course of the misdemeanor you cause a death, then
You are guilty of involuntary manslaughter.
LIMITATIONS:
Many jurisdictions have limits similar to those with felony murder, requiring:
Inherently dangerous misdemeanor
Independent misdemeanor
Res gestae
Felony Murder Re-Cap
BASIC RULE (2 variants) –
(1) CAUSE DEATH DURING COURSE OF FELONY (“proximate cause” rule)
(2) FELON or COFELON “IN FURTHERANCE OF FELONY” COMMITS KILLING (“AGENCY” rule)
LIMITATIONS
“INHERENTLY DANGEROUS” FELONIES
“INDEPENDENT” FELONIES
RES GESTAE REQUIREMENT
FINAL PREP
if something is borderline between 2 different types of homicide, talk about both. Do NOT talk about all lesser included offenses, however…
(e.g. if something seems like it could be murder, don’t discuss negligent homicide, but you might discuss volntary manslaughter)
Act Requirement (C/L & MPC)
act must be voluntary
voluntary act = willed bodily movement
(even if orderred to move)
Involuntary Acts Include those done…
BY SOMEONE ELSE MOVING YOU (E.G., MARTIN)
SPASM
REFLEX
CONVULSION
SEIZURE*
* DECINA EXCEPTION
UNCONSCIOUS (E.G., NEWTON)
ASLEEP (E.G. COGDEN)
UNDER HYPNOSIS PER MPC
Omissions (C/L & MPC)
Causation: C/L & MPC
Felony Murder in Proximate Cause Jurisdiction (Flowchart showing acts that cause felonious result are the same acts that cause a death)
Felony Murder in Agency Jurisdiction
Felony Murder in agency jurisdiction: All act(s) in furtherance of felony can be considered