Criminal Law Flashcards
Define Actus Reus
A voluntary, conscious act that causes an unlawful result, OR
An omission when the defendant has a duty AND the ability to act.
Mens Rea-Purpose
Purpose means that the conscious objective of the act is to bring about the prohibited result.
For inchoate offenses, intent almost always refers to an act that is done purposefully.
Mens Rea-Knowledge
Knowledge means that the defendant knows, with almost absolute certainty, that the act will produce the prohibited result.
Mens Rea-Recklessness
Recklessness means that the defendant is aware that the conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyway.
D just didn’t care.
Mens Rea-Criminal negligence
Criminal negligence creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.
D did not realize, but the reasonable person would have.
Intent
Acts intentionally with purpose or knowledge
Willful
Acts purposefully or knowingly, with moral turpitude.
Moral turpitude=ill or evil intent
Specific Intent
Requires proof that the defendant intended to create a specifically prohibited harm; includes acts done purposefully or knowingly.
Nullified by an honest but unreasonable mistake of fact or by voluntary intoxication.
General Intent
Only requires a desire to do the prohibited act; includes reckless and negligent states of mind.
Nullified by an honest and reasonable mistake of fact.
Strict Liability
Has no mens rea element. A voluntary act=guilt.
Mistake of fact is NEVER a defense. (e.g. statutory rape)
Transferred Intent
Occurs when the defendant intends to produce a criminal result against one party, but harms another instead. The intent transfers from the intended victim to the unintended victim.
Concurrence
Requires the prosecution to prove that the act that caused the criminal results was actuated (set in motion) by the requisite criminal state of mind.
Intent and action are in existence at the same time.
Actual Cause (List and Define the three tests)
But for: The result would not have occurred but for D’s conduct.
Substantial Factor: Multiple causes/parties are responsible for the result, but D’s act was a substantial factor in causing the criminal result.
Acceleration: The defendant’s conduct speeds up an inevitable death, even if briefly.
(remember there can be more than one actual cause!)
Proximate Cause
Proximate cause requires the resultant harm to be within the risk created by the defendant’s conduct in crimes involving criminal negligence or recklessness, or sufficiently similar to that intended in crimes requiring intent.
Will an foreseeable event cut off proximate cause/liability?
No, if the intervening event is foreseeable, it will NOT supersede.
Foreseeable-simple negligence or unknown special sensitivities/vulnerabilities of the victim. (egg shell plaintiff)
Will an unforeseeable event cut off proximate cause/liability?
If the intervening event is unforeseeable, it normally will supersede. It relieves D of responsibility and breaks the causal connection to the criminal result.
Unforeseeable-grossly negligent or reckless conduct.
Factors in determining foreseeability
Dependent or responsive interventions will NOT supersede, unless they are a totally abnormal response to the defendant’s act.
Independent/coincidental interventions WILL supersede the defendant’s responsibility, except when an independent intervening force was foreseeable.
Ex: A bank teller gets shot in the foot during a bank robbery and while being treated by the EMT a serial killer comes by and shoots him dead.
Define Murder
The unlawful killing of a human being plus malice.
Does not apply to fetuses and suicide does not count.
Common Law Year and a Day Rule
At common law a death that occurs after more than a year and a day is unforeseeable. (i.e. no proximate cause)
Define an Intent to Kill Murder
The defendant acts with the purpose to kill another or with knowledge that their conduct will kill another.
Deadly Weapons Doctrine
Falls under the Intent to Kill Murders.
Intent to kill is inferred from the defendant’s use of an instrument that is designed to kill or that is used in a manner likely to kill or inflict grievous bodily harm (e.g. swinging a bat at the victim’s head)
Intend to Cause Serious Bodily Harm Murder
The defendant acts with the conscious desire or substantial certainty that their act will result in the victim’s serious/grievous injury. Serious/grievous bodily harm=significant but not fatal injury.
Depraved-Heart Murder
Unintentional killing resulting from:
(1) Reckless or grossly negligent conduct,
(2) That creates an extreme risk to others, and
(3) Demonstrates a wanton indifference to human life and a conscious disregard of an unreasonable risk of death or serious bodily injury.
Ex: Death caused by forcing someone to play Russian roulette or pushing a heavy flower pot off a fifth-story balcony onto the busy street below.
Felony Murder
Felony Murder is:
(1) An intentional or accidental killing,
(2) Proximately caused,
(3) During the commission or attempted commission,
(4) of a serious or inherently dangerous felony (BARRK)
Type of Felonies that Qualify for Felony Murder
(1) felonies listed in a statute, or
(2) felonies that are independent of the killing AND inherently dangerous.
If the primary purpose of the felony is to cause serious physical harm, the felony is not independent and fails the collateral felony test. Felonies that fail this test are: manslaughter, aggravated battery, aggravated assault, and mayhem.
BARRK-Felony Murder
Burglary
Arson
Rape
Robbery
Kidnapping
Define Abstract and Context Jurisdiction (Context-Felony Murder)
Abstract (majority)-dangerous to human life in all situations
Context (minority)-context of the felony is inherently dangerous
Co-Felon Responsibility (Majority and C/L)
Modern majority agency-limits felony murder responsibility to a killing committed by a co-felon. (exempts felony murder responsibility for killings committed by non-felons)
Common Law-Felony murder responsibility attaches to all felons for any homicide committed during a felony. Only requires that the killing be proximately caused by the commission of the felony.
Exceptions to Co-Felon Liability
Non-violent felon: (Minority C/L) A co-felon is exempt from felony murder responsibility if they are NOT armed and did not participate/have knowledge of the other co-felon’s intent.
Deserving Victim: (Minority C/L) A co-felon is exempt from felony murder responsibility when anyone kills another co-felon.
Redline limitation: (Majority C/L) A co-felon is exempt from felony murder responsibility if the police or victim kills a co-felon.
Ex: A bank robber would not be charged with felony murder under the redline limitation if the police justifiably kill her accomplice.
First-Degree Murder
C/L and most degree jurisdictions: Proof that the defendant’s decision to kill was done with both premeditation and deliberation (P&D) elevates second-degree to first-degree.
The defendant must consciously decide to kill, so they must actually intend to kill. Implied malice is not enough.
Timeline for premeditation (C/L and Majority)
C/L: Can premeditate immediately.
Modern Majority: Some time is necessary to think, but it can be brief. Most jurisdictions require that the premeditation occurred after the intent to kill was formed, which means proof of some reflection.
Deliberation (1st degree murder)
Deliberation means the defendant must make a deliberate choice to kill, which requires rational thought.
Voluntary intoxication or diminished capacity may prevent deliberation.
Second Degree Murder
Any killing with malice, but without the additional element to prove first-degree murder.
In a jurisdiction that defines first-degree murder only as murder with premeditation and deliberation, any murder committed without the purpose to kill must be second degree murder.
Voluntary Manslaughter
Heat of Passion
Voluntary Manslaughter is an intentional killing mitigated by adequate provocation OR other circumstances negating malice.
Adequate Provocation (Voluntary Manslaughter)
(1) Objective Component: A provocation that would lead a reasonable person to lose self-control and fly into a sudden homicidal rage. (Mere words are not enough generally; the rage must be hot-a reasonable person would not have cooled down)
(2) Subjective Component: There must be a causal connection between the provocation and the killing. The defendant must actually have been provoked and must not have cooled off.
Other Circumstances Negating Malice (Voluntary Manslaughter)
Mitigating circumstances can strip malice from intent to kill.
Ex: Diminished mental capacity (minority); imperfect self-defense (many states)
Involuntary Manslaughter
An unintentional killing resulting from unjustified risk creation (recklessness or gross negligence) that is not sufficiently extreme to rise to the level of implied malice.
Ex: mishandling loaded weapons, driving dangerously, and shaking a baby
Misdemeanor-Manslaughter (majority)
An unintentional killing that occurs during the commission or attempted commission of a misdemeanor that is malum in se (inherently wrongful), OR of a felony that is not of the inherently dangerous type required for felony murder.
Battery (general intent)
Battery is the intentional, reckless, or criminally negligent unlawful application of force to a victim.
Elements:
(1) The defendant unlawfully applies force (can be indirect-D throws rock at victim)
(2) The defendant does so knowingly, recklessly, or as a result of a criminally negligent state of mind, and
(3) No legal justification/defense
Aggravated Battery (felony)
Simple battery can be elevated to aggravated battery when the defendant:
-causes serious bodily injury,
-uses a deadly weapon,
-a special category of victim (child, pregnant woman, or police officer)