Criminal Law Flashcards
Specific Intent Crimes require that
D committed the crime with the intent of causing the result that the law criminalizes
Malice
Reckless disregard of a high risk of harm
applies to CL murder & arson
Purpose (MPC state of mind)
D’s conscious objective is to engage in the conduct to cause a certain result
Knowledge (MPC)
D is aware that his conduct is of the nature required to commit the crime & that the crime is practically certain to result
Recklessness (MPC)
Conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding person in the same situation
Negligence (MPC)
D should be aware of a substantial and unjustifiable risk and acts in way that grossly deviates from the standard of care of a reasonable person in the same situation
Accomplice Liability
A person is an accomplice in the commission of a crime when he acts with the INTENT of promoting or facilitating the commission of the crime
M’Naughten Test
Due to a mental disease or defect, D did not know the nature of the act or did not know that the act was wrong
Irresistible Impulse Test
D was prevented from controlling himself due to a mental disease or defect
MPC Insanity
Due to a mental disease or defect, D did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law
Durham (“But For”) Rule -Insanity
D would not have committed the crime but for his having a mental disease or defect
Homicide
The killing of a human being by a another human being and requires a causal connection between the D’s actions and the victim’s death (Actual + Proximate)
Common Law Murder (defined)
The unlawful killing of another human being with malice aforethrought
Ways to establish CL malice
1) Intent to Kill: D acted with the purpose and desire that the victim end up dead
2) Intent to inflict SBH short of death: D intended to severely injure the victim & the victim died
3) Depraved Heart: D acted with a reckless indifference to an unjustifiably high risk to human life (most jxs require the D to be aware of the danger)
4) Felony Murder: an unintended killing proximately caused by and during the commission of an inherently dangerous felony (BAARK felonies- Burglary, Arson, Robbery, Rape, Kidnapping)
Co-felon Death Liability
A co-felon kills another co-felon during the commission he can be held liable for FM.
If a co-felon is killed by a victim/bystander err a police officer during the commission, he will generally not be liable for FM.
(Felon Agency theory- a felon is generally only responsible for the crimes of his agents)
If a victim/bystander is killed by the police during the commission, the felon is not liable in a majority of jxs because the officer is not acting as his agent.
Voluntary Manslaughter (CL)
D intends to kill the victim, but was acting in the heat of passion or under extreme emotional disturbance.
This state of mind is less culpable than murder.
Involuntary Manslaughter (CL)
An unintentional homie accomplished by:
- A criminally negligent killing (a gross deviation from the standard of care) or
- Killing someone during an unlawful act that is not felony murder
Conspiracy
At CL, conspiracy is an agreement between two or more people to commit an unlawful act (does not recognize unilateral conspiracy)
Modern conspiracy statutes require an overt act that is taken in furtherance of the conspiracy.
Pinkerton Rule
A c-conspirator is guilty of all foreseeable offenses committed in furtherance of the conspiracy, even if the co-conspirator lacked actual knowledge of its commission.
Withdrawal from Conspiracy
At CL it’s impossible to withdraw because conspiracy is complete once the agreement is made
MPC: conspirator can withdraw PRIOR to the commission of an overt act by: communicating his attention to withdraw to all other co-conspirators or informing law enforcement
Attempt
Requires:
(1) A specific intent to commit the target offense
(2) A substantial step taken toward completing the offense
Larceny
1) the taking and carrying away of the personal property of another
2) without permission (Trespassory)
3) with the intent to permanently deprive the person of that property
Robbery
Larceny + Force or intimidation
1) Larceny: The trespassory taking and carrying away the proper of another with the intent to permanently deprive the person of that property.
2) The taking is from the victim’s person or in his presence
3) By use of force or intimidation
Burglary
CL: The breaking and entering of the dwelling of another at nighttime with the intent to commit a felon therein.
Embezzlement
D lawfully possesses the property of another and then later fraudulently converts the property to his own use.
False Pretenses
D obtains title to the property of another through the reliance of that person on D’s false representation of a material fact given with the intent to defraud.
Larceny by Trick
D obtains possession (but not title) to property owned by another through fraud or deceit; with the intent to permanently deprive the victim of their property; resulting in conversion of the property.
Kidnapping
the unlawful confinement of a person against his will, coupled with either the movement or hiding of the victim
Arson
CL: the malicious burning of the dwelling of another
Duress:
A third party’s unlawful threat causes D to reasonably believe that the only way to avoid death or SBH to himself or another is to violate the law, causing him to do so.
Not a defense to an intentional killing.
What crimes will intoxication provide a defense to?
Involuntary intoxication will prove a defense to both general and specific intent crimes
Voluntary intoxication will only provide a defense to specific-intent crimes when It negates the requisite intent (FIAT crimes)
