Criminal Law Flashcards
Types of First Degree Murder
(i) premeditated murder;
(ii) a killing by a person participating in the perpetration of or attempt of an enumerated felony; and
(iii) drug dealing causing death
Felony Murder-enumerated felonies
SAD BREAK TAD MARCH
Sexual Battery, Arson, Drug Trafficking offenses,
Burglary, Robbery, Escape, Aggravated child abuse or abuse of elderly or disabled adult, Kidnapping,
Throwing or discharging of a bomb, Aircraft piracy, Drug dealing causing death,
Murder, Aggravated stalking, Act of terrorism, Resisting an officer with violence to his person, Carjacking, Home-invasion robbery
Second Degree Murder
Depraved mind killing (no intent to kill); or killing by person other than accused or co-felon during felony murder
Third Degree murder
Unlawful killing during commission of OTHER felony
Manslaughter
Manslaughter is the unlawful killing of another person by act, procurement, or culpable negligence without legal justification.
Accomplice Liability - Principal 1st Degree
D actually engaged in the act or omission constituting the offense, OR causes another to do so but not present;
liable for principal crime
Modern Accomplice Liability - Accomplice
D aids or encourages principal to commit the crime; liable for principal if intent to assist crime found
Accessory After the Fact
D had knowledge of felonious act, assisted principal’s escape from arrest or sentencing;
In FL, close relatives are exempt from liability unless (1) AAF knows Def committed offense against child, unless AAF was a victim of domestic violence or (2) the crime committed was a capital, 1st, or 2nd degree felony
Accomplice Liability - Principal 2nd Degree
Def aided, commanded, or encouraged the principal and was present at the time of the offense
Accessory Before the Fact
Abolished in Fla. Same as principal 1st degree.
Solicitation - definition
Urging or commanding another to commit a crime, with the intent that the person actually commit the crime.
Does solicitation in Fla apply to misdemeanors or felonies
Both
Solicitation - defense of withdrawal
Allowed in Fla.
Applies if D persuades the other person not to commit crime or otherwise prevents commission.
Must manifest a complete and voluntary renunciation of the criminal purpose by the accused.
Solicitation - when is crime completed
upon request
Does solicitation merge with substantive offense?
Yes
Conspiracy
- Agreement between two or more people to accomplish a criminal objective.
- Intent to Agree
- Intent to pursue the criminal objective
Does Florida require an overt act in furtherance of the conspiracy?
No
Conspiracy - defense of withdrawal -
Permitted in Fla if the accused persuades all co-conspirators not to commit the target offense or otherwise prevents its commission.
Circumstances must manifest a complete and voluntary renunciation of criminal purpose by the accused.
Can defendant be charged if co-conspirators were acquitted?
Yes
Pinkerton Liability under CL - can a conspirator be held liable for crimes committed by their co-conspirators?
Yes, if the crimes were committed in furtherance of the criminal objective AND forseeable.
Does conspiracy merge with substantive offense?
No. You can be convicted of both
Attempt
Specific intent plus overt act beyond mere preparation.
Attempt - defense of Abandonment
Fla permits defense if accused abandons his attempt to commit the offense or otherwise prevents its commission.
Circumstances must manifest a complete and voluntary renunciation of criminal purpose by the accused.
Does attempt merge with substantive offense?
Yes - cannot be convicted of both
Punishment for attempt, solicitation or conspiracy
In Fla, punished pursuant to penalties provided for next lower degree of substantive offense.
Battery
- Intentionally touching or striking another person against their will. OR
- Intentionally causing bodily harm
INTENT required.
Is intent required for battery?
Yes
Aggravated battery
Battery:
- on victim who D knew or should have known was pregnant
- with a deadly weapon or
- in which D intentionally or knowingly causes great bodily harm, permanent disability or permanent disfigurement.
Assault
- intentional, unlawful threat by word or act to do violence to another, plus
- an apparent ability to do so; and
- doing some act which creates a well-founded fear that violence is imminent
Defenses to battery and assault
Consent, defense of self, defense of others, defense of property.
Aggravated assault
Assault
- with the intent to commit a felony or
- with a deadly weapon without intent to kill
Sexual battery
rape, statutory rape. General intent crime- no intent to cause injury, just intent to do unlawful act.
Definition: oral, anal, vaginal penetration by another person or object.
Sexual battery - sentencing factors
Victim’s age, mental/physical capacity, use of weapon or force
Defense of consent in sexual battery
Available for rape, but not statutory rape.
Is sexual battery a capital crime?
No - death penalty is unconstitutional
Statutory rape
Ignorance of age is not a defense. Strict liability crime
False imprisonment
Unlawful confinement of person without consent.
General intent crime - do not need intent to cause injury, only intent to do unlawful act.
Kidnapping
Unlawful confinement of a person that involves: 1. some movement or 2. concealment of victim.
General intent crime - do not need intent to cause injury, only intent to do unlawful act.
Stalking
Any person who willfully, maliciously and repeatedly follows or harasses another person
- first degree misdemeanor
Aggravated stalking
- Stalking plus
- stalker makes credible threat with that places person in reasonable fear for safety AND
- apparent ability to carry out threat
Third degree felony.
One of enumerated felonies in felony murder rule.
Cyberstalking
- communicate through use of email or virtually
- directed at a specific person and
- causes substantial emotional distress to that person and
- serves no legitimate purpose.
Punished either as misdemeanor or aggravated stalking.
Larceny, false pretense, receiving stolen property and embezzlement in Florida
folded into theft.
Theft
D knowingly obtains or uses, the property of another with the intent to either permanently or temporarily: (i) deprive the person of a right to the property or a benefit therefrom or (ii) appropriate the property to his own use or another’s use who is not entitled
Dealing in Stolen Property
D sells or otherwise disposes of stolen property, with knowledge or reason to know that it is stolen.
Burglary
(1) entering in a structure with the intent to commit an offense therein, unless the premises are, at the time, open to the public or the defendant is licensed or invited to enter OR
(2) remaining surreptitiously with the intent to commit an offense therein; or
(3) remaining to commit or attempt to commit a forcible felony therein
Proof of stealthy entry without consent constitutes evidence of entering with an intent to commit an offense.
Arson
In FL, general intent crime where Def (1) willfully or unlawfully, or while in the commission of any felony, (2) damages any structure (4) by fire or explosives.
Structure - for arson
building, vehicle or aircraft.
Drug Possession - Fla
A person may not sell, manufacture, deliver or possess with intent to sell a controlled substance. Includes attempted delivery.
N/a to possession with valid prescription
Drug Trafficking
A person who knowingly sells, purchases, manufactures, delivers or brings into the state or who is knowingly possession of specified quantities of a controlled substance.
- 25 lbs pot
- 28 grams of cocaine
- 4 grams heroine
Insanity Defense in Fla
Adheres to M’Naughten Rule - entitled to acquittal if, because of metal illness he did not know:
- the nature and quality of the unlawful act (D didn’t know what he was doing) or
- that the act was wrong (he knew what he was doing but did not know it was wrong).
Burden of proof on insanity defense
D has burden of proof by clear and convincing evidence
Notice of use of insanity defense
D must give notice of his intent to rely on defense
Use of non expert testimony in support of insanity defense
Permitted in Fla.
Voluntary Intoxication
NOT a defense in Florida. Not admissible to show lack of specific intent or insanity (Except for valid prescription causing you to become unexpectedly intoxicated)
Use or threatened use of deadly force in self defense
Permitted:
- In self defense and in defense of others where necessary to prevent imminent commission of forcible felony or to prevent imminent death or great bodily harm
- to prevent commission of a felony in a dwelling
- In defense of property other than a dwelling to prevent imminent commission of forcible felony
Forcible felony
any crime involving use or threatened use of physical violence, such as murder, battery, robbery, burglary, arson
Standard used to determine whether use of force is justified
A person is justified to the extent he reasonably believes it is necessary to defend himself or others against imminent use of unlawful force. Objective standard of the reasonably prudent person is applied
Use of force against law enforcement
A person who uses or threatens use of force is immune from criminal and civil prosecution unless he knew or should have known that the other person was law enforcement officer performing his official duties.
Burden of proof - self defense
Once D has raised a prima facie claim of self defense in a pretrial immunity hearing, burden is on the prosecution to show by clear and convincing evidence that the D used deadly force unlawfully.
Duty to Retreat
No duty to retreat in Fla. Person has a right to use force, including deadly force, if she reasonably believes it is necessary to prevent death or great bodily harm to herself or another, or to prevent imminent commission of forcible felony.
In dwelling, can use non-deadly force if necessary to defend herself or others against “imminent use of unlawful force” and can use deadly force as set out above.
Presumed to have reasonable fear of death or great bodily harm when
- Bad guy entering dwelling, residence or occupied vehicle, or 2. bad guy attempting to remove another against their will AND
- the person using force knew or had reason to believe that this was occurring.
Person who unlawfully and by force enters a dwelling, residence or occupied vehicle is presumed to be doing so to commit an unlawful violent or forceful act UNLESS
- person has right to be in dwelling
- person sought to be removed is child or grandchild and is otherwise in lawful custody
- the person attempting to use force is engaged in criminal activity or
- person against whom force is used is a cop performing official duties, and other person knew or had reason to know.
Defense of Other Property
permits use or threatened use of deadly force in defense of property other than a dwelling to prevent imminent commission of a forcible felony.
Use of Deadly Force to Effectuate Arrest
Officer MAY use deadly force where officer reasonably believes that the fleeing felon has committed a crime involving infliction or threatened infliction of serious physical harm to another person
Resisting Arrest
Florida prohibits using force to resist arrest by one who is known or reasonably appears to be a law enforcement officer.
Entrapment
whether the method of inducement creates a substantial risk that such crime will be committed by a person other than one who is ready to commit.
Subjective test
Constitutional considerations for entrapment
If egregious law enforcement conduct is present, it might violate D’s due process rights and require dismissal of charges regardless of D’s predisposition to crime.
Duress
Affirmative defense available of necessity or duress for any crime, except homicide, if D reasonably believed another would imminently inflict death or great bodily harm upon him or another person, if D did not commit the crime.
Mistake of Fact
Defense that shows D lacked state of mind required for crime.
Specific intent crime - mistake need not have been reasonable
General intent crime - mistake must have been reasonable.
Merger
Fla legislature has expressly stated intent to punish each separate criminal offense committed in the course of a criminal transaction except for:
- offenses that require identical elements of proof
- offenses that are degrees of the same offense
- offenses that are lesser offenses
Merger in Felony Murder
D may be convicted of both felony murder and underlying felony.
Jursidction
: Jurisdiction if:
• (1) Fatal blow occurred in FL
• (2) Death occurred in FL
• (3) Essential element of the crime occurred in Florida
In homicide cases → if a body is discovered in Florida,
the death is presumed to have occurred in Florida ·
For crimes committed against person with mental or physical disability (all crimes)
where D knew or had reasonable grounds to know or perceive that person was within this class, charges are one degree higher.
Transferred Intent
If a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendant’s intent will transfer from the intended victim to the actual victim.
When is conspiracy deemed complete
A conspiracy is deemed complete when the agreement with the requisite intent is reached.
Misprision of a felony
The failure by someone other than a principal or accessory before the fact to disclose or report knowledge of the commission of a felony – is not a crime.
Is materiality an element of perjury?
Under Florida law, materiality is a threshold question of law for the court to decide prior to trial. It is not a statutory element of the crime of perjury and thus is not a question of fact for the jury.
Recantation
is a defense to perjury if the person making the false statement admits such statement to be false in the same proceeding or matter, or if such statement is made before it has become manifest that such false statement has been or will be exposed.
Specific Intent Crimes CL
Forgery
Assault
Robbery
Theft
Murder 1st Degree
Attempt
Conspiracy
Solicitation
Robbery
(1) taking property, (2) from the person or custody of another, (3) with the intent to permanently or temporarily deprive the person of the property, and (4) using force, violence, assault, or fear.
General Intent
Catch-all It just requires that D intend to commit an act that is prohibited by law. Battery Rape Manslaughter Kidnapping False Imprisonment
