Criminal Law - Essay Rules Flashcards
Battery
Aggravated Battery
Battery is (1) unlwfl (2) app of force (3) to anther prsn (4) that causes bodily harm, or (5) constitutes an offnsive touching.H,T
Agg Bat: By statute, Bat may carry a greater penalty whn (1) SBI, (2) use a deadly weapon, or (3) V is a child, woman, or PO.
*Ass and bat merge into murder, so insert the merger doctrine
BKRAM
- Battery
- Kidnapping
- Rape
- Assault
- Murder
Kidnapping is the (1) unlawful confinement of another (2) involving movement or concealment in a secret place.
Aggravated if for ransom, to commit another crime, or children taken.
Rape is the (1) unlawful sexual intercourse of a female, not one’s wife, (2) w/out her consent. Modernly, gender-neutral & marriage is irrelevant.
BKRAM
- Battery
- Kidnapping
- Rape
- Assault & Aggravated Assault
- Murder
Ass is (1) attmptd bat, or (2) intnt to create reas app. of imm. bodily harm.
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Attempted Battery
- Bat is (1) U (2) app of force (3) to another p (4) tht causes bod harm, or (5) constitutes an off touching.
- Attempt req (1) spec intent to com a crim act, (2) coup w/ a sub step taken toward comm of intndd crime, which (3) fails to be completed.
In conclusion
- Reas App.: Ass is (1) threatning acts (2) intndd to create reas app. of imm bod harm.
Aggravated: By statute, assault with a deadly weapon or intent to rape or maim may carry a greater penalty.
Merger Doctrine
Traditional
Modern
Merger Doctrine
Trad, u/ th MD, if a prsn’s cndct constitutes a fel & a misd, misd merges into fel, & prsn can be convicted of fel, bt nt misd. No merger if the crimes are the same degree. H,T
Mod, MD does nt apply, (1) unless a jx characterizes the DJ Clause prohibition against multiple punishments for the same offense as a merger of a lesser-included offense into a more signif crime, and (2) except for solicitation and attempt. H,T
- Common Law Murder (CUM)
- First Degree Murder (IPE)
- Second Degree Murder
- Self-Defense
- Voluntary Manslaughter (AP)
- Imperfect Self-Defense
- Involuntary Manslaughter
At CL, mrdr ws defined as th (1) U killing tht (2) C death of a prsn w/ (3) ma.
- Causation: Pros mst shw D’s act ws (1) A (V nt die bt for D’s act) & (2) P cause (legally respons for fores death) of th V’s death.
- Unlawful: H, [D] [did/not] hve a legal excuse for [D’s] actions sch as insanity, intox, or immaturity. [D]’s killing of another living human being, [V], [was] unlawful.
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MA req (1) ItoK, (2) ItoIGBH, (3) DH, or (4) FM (barrk).
- I to K: Action, accmpnied by th intnt to kill, whch is th legal cause of death, constitutes ItoK mrdr. H,T
- ItoIGBH: A prsn who intnds sbi, bt actually succeeds in killing, is guilty of mrdr despite lack of ItoK. H,T
- DH: A killing tht results frm D’s reckless actions tht manifests an extreme indifference to hmn life is DH mrdr. H,T
- Felony Murder: To convict D of FM, pros mst est (1) D guilty of IDF (barrk), (2) F distinct frm killing, (3) death is fores result (prox) of F, & (4) killing occurs during commission or attmptd commission of F.
In conclusion, MA [could/not] be based on FM.
In conclusion, MA [could/not] be based on [insert applicable states of mind].
- Common Law Murder (CUM)
- First Degree Murder (IPE)
- Second Degree Murder
- Self-Defense
- Voluntary Manslaughter (AP)
- Imperfect Self-Defense
- Involuntary Manslaughter
1st*M, created by sttute, is mrdr commttd (1) during perp of an IDF, (2) u/ P&D, or (3) using egregious means. H a sttute ws inferred frm [D] being arrested & charged w/ mrdr.
- DPofIDF: Common IDF are [BARRK]. .
- U/ P & D: Premed means D plans a killing. Delib means D reflects on th idea of killng after forming th ItoK long enough (even if briefly) to be fully conscious of th intnt & to hve considered th killing. H,T
- Using Ergreious Means: 1st*M may result from an ergreious act (ambush, torture, bombing, terrorism, poisoning). H,T
In conclusion, D cld be guilty of 1*M based on [#1,2,3].
2nd* Murder is (1) CL murder, or (2) all murder not in the 1*. H,T
- Common Law Murder (CUM)
- First Degree Murder (IPE)
- Second Degree Murder
- Self-Defense
- Voluntary Manslaughter
- Imperfect Self-Defense
- Involuntary Manslaughter
VM is murder committed in response to adequate prov. H
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Adquate Prov: Prov is adeq if (1) inflames passion of a reas prsn (2) causes prsn to momentarily act out of passion rather thn reason, (3) thre is insuff time b/w prov & killing for a reas prsn to cool off, & (4) D in fact does nt cool off b/w prov & killing. H,T
- Reas Prsn Words alone are nt suff prov, except whn words carry provocative info sch as threats of deadly force or adultery. D cannt be inflamed by cndct tht wld nt bother reas person. H,T
- Causes Momentarily Act Out: Thre mst be a causal connection b/w prov, passion, and act. Thre is no mitigation if MA is formed prior to the prov. H,T
- Insuf Time to cool off If thre is suff. time b/w prov & killing for a reas prsn to cool off, mrdr is nt mitigated to manslaughter. H,T
- D did nt cool off D does not calm down.H,T
In conclusion,(conclude on mrdr reduced to VM).
Imperfect Self-Defense: occurs whn prsn claiming s-d honestly believes deadly force is req to prevent death or SBI, bt unjustifiably kills attacker. IS-D reduces mrdr to VM.H,T
- Common Law Murder (CUM)
- First Degree Murder (PIPE)
- Second Degree Murder
- Self-Defense
- Voluntary Manslaughter (AP)
- Imperfect Self-Defense
- Involuntary Manslaughter (CrimNeg, M/F)
IM is an unintntionl hom committd
(1) w/ crim neg (reckless action, or inaction whn thre is a dty to act, tht pts another prsn at sig risk of injury or death) or
(2) during an unlawful act (killing committed during comm of a misd or fel).H,T
Elements of a crime
Causation (homicide)
Causation The pros. mst shw D’s act ws the (1) A & (2) P cause of V’s death.
Actual [if felony murder, skip] If but for D’s acts, V wld nt hve died, D is actual cause (cause-in-fact) of the death. If there are multiple causes of the death, D is actual cause whn D’s acts are a substantial factor in causing the death.
Proximate cause exists when V’s death is a fores result of D’s acts. Whn multiple forces contribute to the death, an unfores intervening event severs the causal connection b/w a D’s acts and a V’s death.
BARRE LEFT
- Burglary
- Arson
- Robbery
- Receipt of Stolen Property
- Embezzlement
- Larceny
- Extortion
- False Pretenses
- Theft
Burglary is (1) B (using force to create opening into structure), and (2) E (3) the dwelling (structure reg occupied for habitation) of anther (4) at night (5) w/ th SI to commit a felony inside.
Mod, structure may include non-dwellings (eg businesses, buildings, cars, surrounding areas of a home), burglary is nt required to be committed at night, & th intndd crime may incl. misdeameanor thefts.
Arson is malicious burning of the dwelling house of another. Mod, mst jx incl. mst structures and burning incl. dgs caused by explosives too (nt just fire).
BARRE LEFT
- Burglary
- Arson
- Robbery
- Receipt of Stolen Property
- Embezzlement
- Larceny
- Extortion
- False Pretenses
- Theft
Robbery is (1) L (2) by force or intmdation (3) whre prop taking is frm V’s prsn or presence.
RSP req (1) receiving cntrl of stolen prop, (2) w/ knwldge prop is stolen & (3) intent to perm deprive o.
Embezz is (1) fraudulent (2) conversion (3) of APP (4) by a prsn in lawful poss of th prop.
BARRE LEFT
- Burglary
- Arson
- Robbery
- Receipt of Stolen Property
- Embezzlement
- Larceny
- Extortion
- False Pretenses
- Theft
Larceny is (1) T (2) T & (3) CA (4) of APP (5) w/ SI to PD tht p of th prop.
- T Prop mst be taken without the owner’s consent.
- T Tres prop rmvl frm o’s poss into anther’s cntrl satisfies taking.
- CA Slight prop movement suffices.
- APP Prop taken mst be prsnl, & in poss of someone other thn D.
- SI to DP At time of taking, SItoPD prop o mst be present.
Extortion is (1) T (2) another’s (3) property (4) by threat.
False Pretenses occurs whn D (1) knwingly (2) makes a false representation of a past or present material fact (3) whch causes prsn to convey (3) title to th misrepresenter who (4) intends to defraud.
Theft is the illegal taking of another’s personal property.
- Solicitation (merges)
- Attempt (merges)
- Conspiracy (does not merge)
Solicitation is (1) encouraging anther p (2) to commit a crime (3) w/ the SI the other p commits the crime.
Attempt req (1) SI to commit a crim act, (2) coup w/ a sub step taken toward comm of intndd crime, whch (3) fails to be completed.
Conspiracy is (1) an a/ment (2) b/w 2 or more p (3) w/ intent to accomplish an unlwfl purpose and (4) perf of an overt act in furtherance of sch a/ment (at CL, no overt act was req).
Accomplice Liability
- Accomplice Liability
- Accessory before the fact
- Accessory After the fact
An accmplice is a prsn who, w/ intent tht a crime be committed, aid, abets, assists or encourages the principal & is physically or ocnstructively present. An accomplice is liable for all crimes he committed / assisted, and all foreseeable crimes commited by the principal. <em>Go through each crime committed by the Principal and decide whether that crime was a natural and probable consequence. Eg <u>Burglary</u> was a natural and probable consequence b/c… Thus, E committed burglary. </em>
Accessory before: is an accomplice who aids, abets, or encourages the principal but is not present at the crime.
Accessory after: A prsn is guilty of being an AAtheF if tht prsn knwingly aids a felon in escape from arrst, trial, conviction and/or punishment.
DEFENSES TO MURDER
Crime Prevention
Redline Doctrine
Self-Defense
Crime Prevention:
Anyone can use non-deadly force to prevent a fel or serious brch of peace misdemeanor.
Trad, deadly force can be used to prevent any felony. Mod, deadly force may be used only to prevent an inherently dangerous felony involving risk to human life.
Redline Doctrine: U/ this doc, where a V or police officer kills a co-felon, D is gnrly not guilty of felony murder. H,T
Self-Defense: A prsn may use deadly force reas nec. to prevent death or SBI if (1) not the aggressor, & (2) confronted with imminent (not threatened) unlawful harm. H,T
