Criminal Law Flashcards
Common Law False Imprisonment
(i) Unlawful;
(ii) confinement of a person;
(iii) without valid consent
Common Law Kidnapping
Confinement of a person that involves either:
a) Some MOVEMENT of the victim; or
b) CONCEALMENT of the victim in a “secret place”
Types of Aggravated Kidnapping
1) For ransom
2) For the purpose of commission of other crimes
3) For offensive purpose (intent to harm person, etc.)
4) Child stealing
Common Law Larceny
Only for acquisition of PERSONAL PROPERTY
(i) A taking;
(ii) and carrying away;
(iii) of tangible personal property;
(iv) of another;
(v) by trespass;
(vi) with the INTENT to permanently (or for an unreasonable amount of time) deprive the person of his interest in the property
Common Law Embezzlement
(i) The fraudulent;
(ii) conversion;
(iii) of property;
(iv) of another;
(v) by a person in LAWFUL POSSESSION of that property
Model Penal Code (MPC) Analysis for Fault
1) Purposely
2) Knowingly
3) Recklessly
4) Negligence
Purposely, Knowingly, Recklessly
Subjective standard;
For statutes that require D act intentionally/knowingly
Negligence
Objective standard;
Failure to be aware of a SUBSTANTIAL and UNJUSTIFIABLE risk that circumstances exist or will a result will follow, and such failure = SUBSTANTIAL DEVIATION from reasonable person’s standard of care
D must have taken a VERY unreasonable risk in light of the usefulness of his conduct, knowledge of the facts, and the nature/extent of harm that may be caused
Battery
Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
Simple battery = misdemeanor
Consent MAY be a defense to simple battery
State of Mind for Battery
Intent NOT required, only need criminal negligence
Indirect Application of Force = Battery?
Yes, deemed sufficient
i.e.: having a dog bite someone; having someone drink something poisoned
Aggravated Battery
Same as simple battery, but when coupled with one of these circumstances, it becomes a felony:
1) Use of a deadly weapon
2) SERIOUS bodily injury caused
3) Victim is a child, women, or police officer
Assault
Either:
1) An ATTEMPT to commit a battery; or
2) The INTENTIONAL CREATION (other than my mere words) of a reasonable APPREHENSION in the mind of the victim of imminent bodily harm
Some statutes require ‘present ability to succeed’
Aggravated Assault
Assault with:
1) A dangerous (or deadly) weapon; and/or
2) Intent to rape, maim, or murder
Three Classifications of Homicides
1) Justifiable - authorized by law
2) Excusable - defense to criminal liability
3) Criminal
Common Law Murder
Unlawful killing of another human being with malice aforethought
Malice aforethought can be express or implied
Malice Aforethought
D has any of the following states of mind:
1) Intent to kill (express malice);
2) Intent to inflict great bodily injury;
3) Reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart” or “depraved heart” murder)
4) Intent to commit a felony
Deadly Weapon Rule
intentional use of a deadly weapon authorizes permissive inference of intent to kill
Voluntary Manslaughter
“Killing in the heat of passion”
Killing would be a murder, but there was ADEQUATE PROVOCATION to lower the charge to voluntary manslaughter
Elements of Adequate Provocation
(i) One that would arouse SUDDEN and INTENSE PASSION in the mind of an ORDINARY person, such as to cause him to lose his self-control;
(ii) D must have IN FACT been PROVOKED;
(iii) There must NOT have been a SUFFICIENT TIME between provocation and killing for the passions of a reasonable person to cool; AND
(iv) D IN FACT did not cool off between provocation and killing
What is Adequate Provocation?
1) Being subjected to a SERIOUS BATTERY or threat of DEADLY FORCE
2) Discovering one’s SPOUSE in bed with another person
Types of Involuntary Manslaughter
1) Criminal negligence (or recklessness); and
2) “Unlawful act” manslaughter
Manslaughter as a Defense
“Imperfect self-defense” doctrine
Murder reduced to manslaughter EVEN THOUGH:
a) D was AT FAULT in starting altercation; OR
b) D UNREASONABLY, but HONESTLY believed in the necessity of responding with deadly force
Situs
Place where proscribed act (or omission) takes place, if the crime is defined in these terms; or
the place of the harmful result if the crime includes result as a material element
CL rule - state that has situs of crime has jurisdiction