Criminal Law Flashcards
What is the iv) MPC Culpability Standard?
(1) Purposely – Conscious object to engage in the conduct; or to cause a result
(2) Knowingly – aware of the nature of conduct
(3) Recklessly – conscious disregard of a substantial or justifiable risk – gross deviation from the “reasonable person” standard
(4) Negligently – Failure to be aware of the risk
What are the Elements of Accomplice Liability
a) Elements of Accomplice Liability
i) Must be intentionally aiding, counseling, or encouraging the crime. Active aiding required.
ii) Liability is for the crime itself and all other foreseeable crimes (merges into the crime)
iii) Accessory after the crime is not an accomplice.
b) DEFENSES:
i) Withdraw is an affirmative defense
(1) If encouraged crime, must repudiate encouragement
(2) If provided material, must neutralize
What is solicition?
i) Elements
(1) Asking someone to commit a crime
(2) With the intent that the crime be committed.
ii) DEFENSE:
(1) Remember the legal incapacity of the solicitee is no defense
What is conpiracy?
(1) A mutual agreement (Express or implied)
(2) Between 2 or more parties
(3) To commit a criminal act or accomplish a legal act by unlawful means
(a) Two Fold Intents:
(i) Intent to combine with another
(ii) Intent to accomplish the illegal objective
Attempt?
(1) Specific Intent and
(2) MPC An overt Act – substantial step in the direction of committing a crime. (mere preparation is not enough)
(3) Common Law Rule of immediate nearness – if the preparation comes very near the accomplishment of a crime the intent to complete it renders the act so probable that the act will be a misdemeanor.
ii) DEFENSES
(1) Common Law Factual Impossibility is no defense – factual impossibility arises when the defendant set out to do an illegal act but cannot accomplish the illegal act because its impossible. (rape of a dead woman)
(2) Legal Impossibility is a defense – when a defendant sets out to do a legal act which he thinks is illegal.
What is insanity?
(1) M’Naghten Test – Disease of the mind caused a defect of reason so defendant lacked the ability at the time of his actions to know wrongfulness or understand the nature and quality of actions
(2) Irresistible impulse test – unable to control actions or conform conduct to law
(3) Durham Test – crime was product of mental disease or defect
(4) MPC test – combination of M’Naghten and irresistible impulse test
What are the elements of self defense?
(1) Self-defense – may justify a homicide if a person reasonably believes that she is reasonably in danger of being seriously injured or killed by the assailant.
(a) American Rule – No duty to retreat
(b) English Rule – Duty to retreat to the wall
(2) An initial aggressor cannot claim self-defense unless he communicates to the intent to withdrawal and in good faith attempts to do so . . . then he has the right to self-defense.
(3) If fact finder finds absence of right to self-defense defendant may be guilty of voluntary manslaughter
What are the elements of common law murder ?
a) Elements of Common Law Murder
i) Unlawful
ii) Killing of another human being
iii) With Malice Aforethought
(1) Malice
(a) Intent to kill
(b) Intent to do serious bodily harm
(c) Deprived Heart
(d) Felony Murder
b) DEFENSES
i) Justification – self defense
ii) Provocation – mitigates murder to manslaughter
What is manslaughter?
i) Two Kinds Voluntary and Involuntary
(1) Voluntary
(a) Adequate provocation
(b) Gave rise to heat of Passion
(c) No Adequate cooling off period
(2) Involuntary
(a) Killing resulted from criminal negligence
What is Felony Murder?
- Elements
(1) Killing + Felony
(2) After defendant has found some temporary resting place no longer felony murder.**
- Elements
What is causation?
i) Defendant is liable for all natural and probable consequences of his conduct unless the chain of causation is broken by the intervention of some superseding factor.
(1) Superseding Factors
(a) Act of God
(b) Coincidence
(c) Simultaneous acts by two or more parties
What is the definition for larceny?
i) Taking;
ii) And carrying away(asportation)
iii) Of tangible person property
iv) Of another with possession
v) By trespass
vi) With the intent to permanently deprive that person with her interest in the property
Define Embezzlement
i) The Fraudulent
ii) Conversion
iii) Of Personal Property
iv) Of another
v) By a person trusted with lawful possession
What are false presentenses?
i) Obtaining title
ii) To the Personal Property of Another
iii) By an intentional false statement
iv) With the intent to defraud
Larceny by trick
i) Custody of the
ii) Personal Property of Another
iii) By an intentional false statement
iv) With the intent to defraud