Criminal Law Flashcards
What are the tests for insanity?
M’Naghten Rule
Irresistible Impulse Test
Durham (New Hampshire) Test
ALI/Model Penal Code
What is the M’Naghten Rule?
Defendant does not know right from wrong or does not understand his actions
A defendant is entitled to acquittal if (1) a disease of the mind, (2) caused a defect of reason, (3) such that defendant lacked the ability at the time of his actions to either know of the wrongfulness of his actions or understand the nature and quality of his actions
Delusions, belief that one’s actions are morally right, or loss of control due to mental illness are not defenses
What is the Irresistible Impulse Test
An impulse the defendant cannot resist
A defendant is entitled to acquittal only if, because of mental illness, he was unable to control his actions or conform to conduct under the law
What is the Durham (New Hampshire) Rule?
But for the mental illness, defendant would not have done the act
What is the Model Penal Code Rule?
A defendant is entitled to acquittal if he had a mental disease or defect, and, as a result, he lacked the substantial capacity to either: (1) appreciate the criminality of his conduct, or (2) conform his conduct to the requirements of the law
This test is the “modern trend”
What are the general rules for use of nondeadly force and use of deadly force in self-defense?
Nondeadly force - justified when a person reasonably believes force is necessary to avoid imminent injury or to retain property
Deadly force - the person reasonably believes that he is threatened with death or grave bodily harm (generally no duty to retreat, but minority rule requires a duty to retreat)
Same standards apply to defense of others (to protect another person)
When may the aggressor assert self-defense?
She (1) effectively withdraws from the confrontation, (2) communicates to the other her desire to withdraw, or
The victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw
What are the elements of battery?
(1) Unlawful application of force
(2) To another
(3) Resulting in either bodily injury or an offensive touching
Generally a misdemeanor
What are the elements of aggravated battery?
(1) Battery with a deadly weapon,
(2) Battery resulting in serious bodily harm, or
(3) Battery of a child, woman, or police officer
Generally a felony
What are the elements of assault?
(1) An attempt to commit a battery, or
(2) (a) The intentional creation, other than mere words, (b) of a reasonable apprehension in the mind of the victim of (c) imminent bodily harm
If there has been an actual touching of the victim, then battery and not assault
When does assault become aggravated assault?
Assault committed with a deadly weapon or with intent to rape or maim
What is the difference from attempted battery assault and regular assault?
Attempted battery assault is a specific intent crime to intend but fall short of causing a battery
Regular assault is not a specific intent crime but instead is only a creation of reasonable apprehension of assault
What are the types of homicide?
Murder
Voluntary manslaughter
Involuntary manslaughter
Felony murder
What are the elements of murder?
Definition - the unlawful killing of a human with malice aforethought
Malice aforethought exists if committed with one of the following states of mind:
- Intent to kill
- Intent to inflict great bodily injury
- Reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart”), or
- Intent to commit a felony (felony murder)
Intentional use of a deadly weapon gives a permissive inference of intent to kill
When is murder in the first degree?
When defendant made the decision to kill in a cool and dispassionate manner, even if only for a brief period of time
- The decision to kill was deliberate and premeditated
First degree murder based on premeditation requires a specific intent, which may be negated by the defense of voluntary intoxication.
- If the defendant was so intoxicated that he was unable to premeditate, he can only be convicted of second degree or common law murder, which requires only reckless indifference to human life (and for which voluntary intoxication is not a defense)
What is voluntary manslaughter?
A killing that would be murder but for the existence of adequate provocation
Provocation is adequate only if:
- (1) It would arise a sudden and intense passion in the mind of an ordinary person, causing him to lose self-control
- Such as exposure to a threat of deadly force, finding your spouse in bed with another, or being a victim of a serious battery
- (2) The defendant was actually provoked
- (3) There was not sufficient time for the passions of a reasonable person to cool, and
- (4) The defendant did not in fact cool off
What is involuntary manslaughter?
A killing committed with criminal negligence (or recklessness under the MPC)
Some states require the killing occur during the commission of an unlawful act
Foreseeability of death may also be required
What is felony murder?
Any death caused in the commission of, or in an attempt to commit, a felony.
Malice is implied from the intent to commit the underlying felony
Felonies included (BARRK): burglary, arson, rape, robbery, kidnapping
- Some jurisdictions may include more felonies
Death must have been a foreseeable result to the felony
In most jurisdictions, a felon is not liable for the killing of a co-felon as a result of resistance
Under the “proximate cause” theory, felons are liable for the deaths of innocent victims other than a co-felon
Under the “agency” theory, the killing must be committed by a felon or his agent (i.e. an accomplice)
What is false imprisonment?
(1) Unlawful confinement
(2) Of a person
(3) Without the person’s valid consent
The MPC requires confinement “interfere substantially” with the victim’s liberty
