Criminal Law Flashcards
Elements of Battery
an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Assault
(i) Attempt to commit a battery; OR (ii) the intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm
Larceny
- A taking
- And carry away (asportation)
- Of tangible personal property
- of another
- by trespass
- with intent to permanentyl (or for an unreasonable time) deprive the person of his interest in the property
Larceny
“Continuing Trespass” Situations
If a defendant takes property with a wrongful state of mind but w/o intent to steal, and later, while still in possession, forms the intent to steal, the treapsass involved in the intitial wrongful taking is regarded as “continuing” and the defendant is guitly of larceny.
Note: if initial taking a mistake, no wrongful state of mind
Embezzlement
- The fraudulent
- Coversion
- of property
- of another
- by person in lawful possession of that property
False Pretenses
Larceny by trick distinguished
- Obtaining Title
- To the property of another
- by a knowing (or in some states, intentional) false statement of past or existing fact
Larceny by trick
If only custody of the property is obtained by the defendant, the offense is larceny by trick. If title is obtained, the offense is false pretenses
Robbery
- A taking
- of personal property of another
- from the other’s person or presence
- by force or intimidation
- with the intent to permanently deprive him of it
***basically an aggravated form of larceny in which the taking is accomplished by force or threats of force***
Receipt of Stolen Property
- Receiving possession and control
- Of “stolen” personal property
- known to have been obtained in a manner constituting a criminal offense
- By another person
- With intent to permanently deprive the owner of his interest in the property
Burglary
- A breaking
- And entry
- of the dwelling
- of another
- at nighttime
- with the intent of committing a felony
Arson
- Malicious
- Burning
- of the dwelling
- of another
M’Naghten RULE
- disease of the mind
- caused a defect of reason
- Such that defedant lacked the ability at the time of his actions to either:
- know the wrongfulness of his actions; OR
- Understand the nature and quality of his actions
Irresistible Impulse Test
Aquittal if the proof establishes that because of mental illness he was unable to control his actions or to conform his conduct to the law.
MPC Test for Insanity
Defendant is entitled to acquittal if the proof shows tha the suffered from a mental disease or defect and as a result lacked substantial capacity to either
- Appreciate the criminality of his conduct; or
- Conform his conduct to the requirements of law
***This test combines M’Naghten and the irresistible impulse tests***
Voluntary intoxication
- Defense to Specific Intent Crimes but not to General Intent Crimes
- No defense to Strict Liability Crimes or Crimes Requirign Malice, Recklessness, or Negligence
- Defense to First Degree Murder but Not Second Degree murders
**note: 3 does not apply if D used booze to work up the courage***
Involuntary Intoxication Elements
Taking of intoxicating substance
- Without knowledge of its nature
- Under direct duress impossed by another OR
- Pursuant to medical advice
Self Defense
When may an individual use non-deadly force
- As she reasonable beleives is necessary
- to porect herself from the imminent use of unlawful force upon herself
No duty to retreat
Self Defense
When may an individual use non-deadly force
- she is without fault
- confronted with unlawful force
- reasonably believes that she is threatened with imminent bodily harm
Self Defense
Non deadly force.
DUTY TO RETREAT
Majority rule: no duty to retreat.
Right of Aggressor to Use Self-Defense
Generally, no right to use force in her own defense during confrontation.
BUT CAN REGAIN RIGHT
- by withdrawal or retreat: good faith attemps to remove herself from fight AND communicates desire
- sudden escalation:
Defense of Dwelling
1. non deadly force
2. deadly force
- justified to the extent that she reasonably believes that such conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon her dwelling
- Deadly force justified in 2 situations
- Tumultuous Entry PLUS personal danger
- Felony
Defense of Other Property
- Non deadly force
- Deadly force
- Reasonably believe force is needed
- Never justified unless in conjunction with another privileged use of force
DURESS
- Not applicable to intentional homicide
- Reasonable belief that death/great bodily harm will be inflicted on himself or on a third person
**unlike necessity, duress always involves a human threat**
Mistake of Fact
- Mistake Must Negate State of Mind
- Requirement that Mistake Be Reasonable
- Malice and General Intent Crimes; reasonableness required
- Specific Intent Crimes; reasonableness not required
Mistake of Law
- General Rule No Defense
EXCEPTIONS
- Statute Not reasonably available
- Reaosnable reliance on statute or judicial decision
- Reasonable reliance on official interpretation or advice
- reliance on attorney doesnt usually work
Defense of Entrapment
- Criminal design must have originated with law enforcement officers; AND
- the defendant must not have been predisposed to commit the crime prior ot the initial contact by the government.
