Criminal law Flashcards
common law burglary (elements)
The breaking and entering into the dwelling of another at night with the intent to commit a felony inside.
larceny (elements)
(i) Trespassory (ii) taking and (iii) carrying away the (iv) personal property (v) of another with the (vi) intent to (vii) permanently retain the property.
common law murder (elements)
(i) causing the death (ii) of another (iii) with malice aforethought
common law murder (what satisfies malice aforethought?)
(i) the intent to kill (ii) the intent to inflict serious bodily harm (iii) extreme recklessness to human life; or (iv) the intent to commit an inherently dangerous felony
Statutory Variation - First Degree Murder
Any intentional killing committed with (i) premeditation (thought about it ahead of time); and (ii) deliberation (cool, calm and collected).
Possession of contraband
(i) in possession or close enough for D to exercise dominion and control over it and (ii) knowledge (of the possession and of the character of the item possessed).
Receipt of stolen property
Acts: (i) Receiving possession and control (ii) of stolen personal property. Mental state: (i) knowing that the property has been obtained criminally by another party and (ii) with the intent to permanently deprive the owner of his interest in the property
Accomplice
Act: Aids or encourages the principal. Mental state: (i) intent to assist principal; and (ii) intent that the underling crime be committed
Accomplice (recklessness and negligence crimes)
If principal crime requires mental state of reck or crim negligence most states will find accomplice liable for intentional conduct that aids the principal and manifests the required recklessness or negligence.
Withdrawal
Encourager: repudiate the encouragement before the crime is committed. Aider: Neutralie the assistance or otherwise prevent the crime from happening (eg by notifying the authorities)
Accessory after the fact
(i) held a principal who has committed a felony (ii) with knowledge that the crime has been committed and (iii) with the intent to help the principal avoid arrest or conviction.
Conspiracy
Act: agreement b/w 2+ people & overt act (agreement can be concert of action). Mens rea: Intent to (i) enter into the agreement and (ii) accomplish the objective(s) of the conspiracy. CLaw requires at least 2 guilty mindsbut MPC allows sting operations
Wharton rule
Dueling rule. Where 2 or more required for offence no conspiracy unless more parties participate in agreement than are necessary for the crime e.g. a second.
<p>Vicarious liability</p>
<p> Def will be guilty for other crimes committed by co-conspirators so long as those crimes (i) were committed in furtherance oF the conspiracy's objective(s) and (ii) were foreseeable.</p>
<p>Attempt</p>
<p> Act: Overt act beyond mere preparation. CLaw prox test: dangerously close to commission of crime. Majority MPC Substantial step Test: substantial step towards the commission of the crime provided that conduct strongly corroborates the actor's criminal purpose</p>
Insanity
A mental disease or defect - 4 tests for this: (1) M’Naghten Test (Majority): def must prove that he either (i) lacked ability to know the wrongfulness of his conduct, or (ii) did not understand the nature and quality of his act. (2) MPC Test (25% of states): def lacked substantial capacity to either: (i) appreciate the criminality of his conduct, or (ii) conform his conduct to the requirements of law; (3) irresistible impulse test: D unable to control actions or conform conduct to the law’ (4) Durham test: D would not have acted, but for his mental illness.
Incompetency
At time of trial, Def cannot either: (i) understand the nature of the proceedings against him; or (ii) assist his lawyer in the preparation of his defense.
Voluntary intoxication
Defence to specific intent crimes only, requires “severe prostration of the faculties”; does not apply where def becomes intoxicated for the purpose of committing the crime.
Define malice and cite examples of malice crimes
When a defendant acts intentionally or with reckless disregard of an obvious or known risk. Malice crimes: murder; arson
Specific intent and cite examples of SI crimes
When the crime requires not just the desire to do the act, but also the desire to achieve a specific result. eg, assault, first degree murder, larceny, embezzlement, false pretenses, forgery, burglary
