Criminal Law and Procedure Flashcards
Parties to a Crime
Accomplice
An Accomplice is a person who assists or encourages the principal with the intent that the crime is committed.
* Mere presence at the scene is not enough.
Parties to a Crime
Liability of an Accomplice
An Accomplice is liable for all crimes committed that he aids or encourages and all “natural and probable results” of the crime that he intends to assist.
Parties to a Crime
Accessory After the Fact
An AAF is a person who knowingly assists a person who has committed a felony with intent to help them avoid arrest, trial, or conviction.
Homicide
Homicide Charges
1. First Degree Murder 2. Voluntary Manslaughter 3. Second-Degree Murder 4. Involuntary or Misdemeanor Manslaughter 5. Felony Murder
Homicide
First Degree Murder
An (1) intentional killing with (2) premeditation and (3) deliberation (with malice aforethought)
Homicide
Voluntary Manslaughter
(without malice aforethought)
An intentional killing of a human being in the heat of passion due to adequate provocation.
*mere words do not count as adequate provocation
Homicide
Second Degree Murder
(with malice aforethought)
1. Extreme Recklessness
2. Intentional infliction of great bodily harm and death results
3. Catchall: D is not guilty of first-degree murder but acts with malice; D can intend to kill. (this often looks like Vol. Man., but the difference is that D was not adequately provoked)
Homicide
Involuntary or Misdemeanor Manslaughter
(without malice aforethought)
1. A killing due to gross negligence or recklessness, or
2. A killing during a misdemeanor or felony that does not qualify for felony murder.
Homicide
Felony Murder
(with malice aforethought)
* D commits a felony and someone other than a co-defendant dies.
* The death can occur during the commission of the felony, the attempts to commit it, or the flight from it.
- the felony must be *inherently dangerous (e.g. robbery, arson, rape, kidnapping, and burgalry). *
- There must be causation: Under the agency theory, the felon or his agent must cause the death; Under the Proximate Cause theory, the felon is liable so long as he sets in motion the acts that cause the death.
Crimes with Specific Intent
Assault
Assault: an attempted battery or the intentional infliction of apprehension.
Crimes with Specific Intent
Larceny
Larceny: the (1) trespassory taking and carrying away of personal property of (2) another with the (3) intent to permanently deprive them thereof.
Crimes with Specific Intent
Larceny by Trick
D intentionally makes a false representation of material past or existing fact to obtain custody (but not title) of personal property of another.
Crimes with Specific Intent
False Pretenses
D intentionally makes a false representation of material past or existing fact to obtain title (not custody, difference between this and Larceny by Trick) of personal property of another.
Crimes with Specific Intent
Embezzlement
the fraudulent conversion or misappropriation of property of another by one who is already in lawful possession of that property.
Crimes with Specific Intent
Robbery
- Larceny,
- a taking from another’s person or presence,
- by force or threat of force
D must use force or the victim must feel fear (no force and the victim is not afraid, then D did not commit robbery)
Crimes with Specific Intent
Burgalry
- Breaking and entering the dwelling of another
- With the intent to commit larceny or another felony therein.
Must have the intent to commit larceny or the felony when D breaks in. Cannot form the intent after he has entered.
Inchoate Crimes
Attempt
- Mens Rea the Specific intent to commit the crime
- Actus Reas MPC/Majority: Substantial step that is corrobative of the criminal purpose. Common Law: D gets “dangerpously close” to commiting the crime.
The Attempt Mergers with the actual Crime, one cannot be convicted of the crime and the attempt to commit the same crime.
Inchoate Crimes
Conspiracy
- Mens Rea: The Specific Intent to enter into the agreement and accomplish its objectives.
- Actus Reas (1) An agreement by two or more people to commit a crime and (2) an overt act in furtherance of the crime (an overt act not required at common law).
Merges? No. One can be convicted of conspiracy and the completed crime.
D is also liable for all other crimes committed by co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy. Withdrawal is not a defense, but will cut off liability for crimes committed after the withdrawal.
Inchoate Crimes
Solicitation
- Mens Rea The Specific intent that the crime be committed.
- Actus Reas D requests, encourages, advises, or commands that someone commit a crime.
Megers/ Yes. One cannot be convicted of the crime and solicitation.
Inchoate Crimes
Inchoate Crimes Defenses
Impossibility and withdrawing are generally not defenses to inchoate crimes.
Other Crimes
General Intent
D is generally aware of what he is doing, motive is immaterial.
Other Crimes
Battery
The unlawful application of force to another resulting in bodily injury or offensive touching. General Intent.
Other Crimes
Rape
Unlawful sexual intercourse without consent using force or threat of force. (Would a reasonable person in the victim’s place feel threatened?) General Intent.
Other Crimes
Kidnapping
Unlawful confinement or restraint that involves moving or hiding the victim. General Intent.
Malice
D acts recklessly
Arson - the malicious burning of the dwelling of another
2nd Degree Murder
Other Crimes
Arson
the malicious burning of the dwelling of another
Other Crimes
Strict liability
There is no Mens Rea; engaging in the crime is sufficient.
* Statutory Rape
* Regulatory Offenses (selling contaminated foods, littering, vehicular traffic offenses)
Other Crimes
Statutory Rape
Sexual Intercourse with a minor.
Defenses
Types of Defenses (8)
- Self-Defense
- Insanity
- Incompetrancy to Stand Trial
- Intoxication
- Mistake of Fact
- Mistake of Law (generally, not a defense)
- Necessity
- Duress
Defenses
Self-Defense
Available if D reasonably believed force was necessary to avoid the imminent use of unlawful force by another. Defense of others is also a recognizable defense.
Defenses
Insanity
- M’Naughten Rule (most jurisdictions) D must prove that he suffered a disease of the mind that caused a defect of reason and he lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
Defenses
Incompetency to Stand Trial
- If D is unable to understand the nature of the proceedings against him or assist his lawyer, he may be imcompetent to stand trial.
Defenses
Intoxication
- Voluntary intoxication is a defense to specific intent crimes only if it negates the specific intent.
- Involuntary intoxication is treated the same as insanity.
Defenses
Mistake of Fact (MOF)
- For specific intent crimes, a reasonable or unreasonable MOF can serve as a defense.
- For general intent or malice crimes, only a reasonable MOF is a defense.
- For Strict Liability crimes, MOF is not a defense.
Defenses
Mistake of Law (MOL)
- Generally, mistake of law is not a defense (even when relying on one’s lawyer)
Defenses
Necessity
- This is a defense if D (1) reasonably believed his criminal conduct was necessary to prevent greater harm and (2) is not at fault in creating the situation that required the necessity.
Defenses
Duress
- This is a defense is D (1) reasonably believed that if he did not perform the crime, either he or another would suffer (2) imminent death or serious bodily injury.
- Duress cannot be used as a defense to homicide.
Other General Principles
Burdens of Proof and Persuasion
