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
What is robbery?
i) A taking
ii) Of personal property of another
iii) From the others person or presence
iv) By force or (1) threat of immediate death; (2) Injury to the victim, someone in his family, or some person in victims presence
v) With the intent to permanently deprive him of it
What is recieving stolen property?
i) Receiving possession and control
ii) Of “stolen” personal property
iii) Known to have been obtained criminally
iv) By another person
v) With the intent to keep it
What are the elements to arson
i) The malicious
ii) Burning
iii) Of the dwelling place
iv) Of another
What is common law burglary?
i) A breaking
ii) And entering
iii) Of a dwelling place
iv) Of another
v) At night
vi) With the intent to commit a felony there in
What is the M’Naghten Rule
A person is insane if at the time of the criminal act, while laboring under a defect of reason, arising from a disease of the mind that so rendered:
- The accused to not know the nature and quality of the act; or
- If he did know it, he did not know what he was doing was wrong.
· i.e.: He did not know right from wrong.
The Durham Test
A person is excused by reasons of insanity if the unlawful act was the product of a mental disease or defect
· The jury must determine whether the accused was suffered grom a mental disease or defect at the time of the offense and if so whether the criminal conduct would have occurred but for that condition.
Irrestiable Impulse Test
Generally a person is insane if at the time of the offense:
- She acted from irresistible and uncontrollable impulse
- She lost the power to choose between right and wrong and to avoid doing the act in questions or
- Her will has been otherwise so completely destroyed that her actions are not subject to is but are beyond her control
- Requires total incapacity.
MPC 4.01
A person is not responsible for her criminal conduct if at the time of the conduct, as a result of a mental disease or defect, she lacked substantial capacity to:
- Appreciate the criminality (wrongfulness) of the conduct; or
- To conform her conduct to the requirements of the law
MPC is broader and you have to have a deeper appreciation of your acts. It is less easy to be found not guilty under the MPC.
The Florida Rule
- Affirmative Defense: all persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, that the D was insane. Insanity is established when:
a. The D had a mental infirmity, disease or defect; and
b. Because of this condition D: - Did not know what she was doing or its consequences; or
- Although the D knew what he or she was doing and its consequences, the D did not know that what he or she was doing was wrong.
· Mental infirmity, disease or defect does not constitute a defense of insanity except as provided in this subsection.
· 2. Burden of Proof: The D has the burden of proving insanity by clear and convincing evidence.
What is NGO Acquittal Mean?
Menas one is almost invariably committed to a metnal facility for an indefinite time
In most jurisdictions alothough commitment is automatic, Def is entitled to periodic hearins to determine whether Def continues to suffer from a mental illness or to determine whether institutionalization is necessary for Defs protection or that of sociatey
In most states person can be held long as def is mentally ill and dangerous to herselg or others def may be relased if no longer mentally ill.
Does Conspiracy require an overt act?
Yes, conspiracy under the modern day statues requires a substantial step (any act) in furtherence of that conspiracy
Derivitive Liabily.
Complicity - criminally liable is dependant on the princple violating the law
What is the comptency requirement to stand trial?
Insanity Trial – 2 phases: called bifurcated trial:
- Phase 1 is the guilt phase.
- Phase 2 is the insanity phase.
· Cognition and volition are standards found in insanity definitions (knowledge versus will or actions).
Pinkerton Rule
Def. responsible for all acts in furtherance of the actions
Scienter
Knowlege of wrong doing?
Res Geste
Time and distance connections between the time and location of the murder
Animus Furandi
Latin for intent to steal
