Criminal Law Lecture Flashcards
how does a state acquire jurisdiction over a crime?
if either the conduct or the result happened in that state
generally, is there a merger of crimes in American law?
no (meaning if you commit 2 crimes, you can be charged for both)
what is the exception to the rule that there is not a merger of crimes in American law?
solicitation and attempt merged into the substantive offense
what 2 crimes merge into the substantive offense?
- solicitation
2. attempt
what does it mean when 2 crimes merge?
if you have completed that crime, you cannot be convicted of attempted to commit that crime
does conspiracy merge into the substantive offense?
No. Only solicitation and attempt merge
what are the 2 requirements for a crime?
- an act (or failure to act) and
2. mental state
definition of an act?
any voluntary bodily movement
what types of act do not qualify for criminal liability?
- conduct which is not the product of your own volition
- a reflexive or convulsive act
- an act performed while you are unconscious or asleep
is there a legal duty to rescue
no
when is there a duty to act? (5)
- statute
- contract
- relationship
- voluntary (voluntarily assume a duty of care and then fail to adequately perform it)
- peril (your conduct created the peril)
(SCRVP = some capture really vicious parrots)
what are the 4 common law mental states of a crime?
- specific intent crimes
- malice crimes
- general intent crimes
- strict liability crimes
what is special about specific intent crimes?
they qualify for the 2 additional defenses of voluntary intoxication and unreasonable mistake of fact
what are the specific intent crimes?
(Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts)
- Solicitation (inchoate offense)
- Conspiracy (inchoate offense)
- attempt (inchoate offense)
- first degree murder
- assault
- larceny
- embezzlement
- false pretenses
- robbery
- burglary
- forgery
what are the 2 malice crimes?
- murder (not 1st degree) and
2. arson
what is the most common general intent crime?
battery
does the doctrine of transferred intent apply to specific intent crimes?
yes
does merger come into play when there is transferred intent (i.e. 2 victims)?
no because there are 2 victims so D can be charged with 2 crimes
can a defense that negates intent be a defense to a strict liability crime?
no
what is a strict liability crime?
a crime that does not require intent on behalf of D
how can you tell if a crime is a strict liability crime?
- The crime is in the administrative, regulatory, or morality area AND
- there are no adverbs in the statute such as knowingly, willfully, or intentionally
what are the MPC mental states?
- purposely
- knowingly
- recklessly
- negligently
How does one act purposefully as an MPC mental state?
One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.
How does one act knowingly as an MPC mental state?
One acts knowingly when he is aware that his conduct will very likely cause the result.
How does one act recklessly as an MPC mental state?
One acts recklessly when he consciously disregards a substantial and unjustifiable risk
Who is an accomplice?
One who aids, advises, or encourages the principal in the commission of the crime charged.
what must an accomplice have to be charged and convicted of a crime?
the requisite intent
what is an accomplice liable for?
the crime itself and all other foreseeable crimes
how must an accomplice withdraw if the accomplice encouraged the crime?
repudiate the encouragement
how must an accomplice withdraw if he was an accomplice because he provided assistance to the principal (ex. provided material)?
He must do everything possible to neutralize the assistance (ex. retrieve the materials)
what is the one way an accomplice can always withdraw?
contact the police
what is an inchoate crime?
an incomplete crime
what is the crime of solicitation?
solicitation is asking someone to commit a crime
when does the crime of solicitation end?
when you ask the person to commit a crime
in order to be charged and convicted of solicitation, must the person asked agree to commit the crime?
no
if in the process of solicitation, the person solicited agreed to commit the crime, what happens?
the crime becomes conspiracy and the solicitation merges. Both charged w/ conspiracy
is factual impossibility a defense to solicitation?
no
what is the crime of conspiracy?
Conspiracy is an agreement, with an intent to agree, and an intent to pursue an unlawful objective
(agreement + overt act)
does conspiracy merge w/ the substantive offense?
no
when is a co-conspirator liable for all the crime of the other co-conspirators?
if the crimes were:
- committed in furtherance of the conspiracy and
- were foreseeable
does an agreement in a conspiracy need to be express?
no, it can be implied
what is the bilateral approach to conspiracy?
-is the traditional (common law) rule
If one person (in a two party conspiracy) is merely feigning agreement to the conspiracy, the other person cannot be guilty of conspiracy
what is the unilateral approach to conspiracy?
- modern trend & MPC approach
- only one person in a conspiracy has to have a genuine criminal intent
is factual impossibility a defense to conspiracy?
no
can withdrawal, even if adequate, relieve the D from liability for the conspiracy itself?
no. The D withdraws from liability for the other conspirators’ subsequent crimes, but he cannot withdraw from the specific conspiracy
what is attempt?
- specific intent +
2. an overt act in furtherance of the crime
for attempt, what must the overt act be in order for a person to be liable for attempt?
the overt act must be a substantial step in furtherance of the commission of the crime
can mere preparation be enough for a D to incur liability for attempt?
no, must be an overt act in furtherance of the commission of the crime
is abandonment a defense to attempt if the D has taken a substantial step toward committing the crime?
No, never. (majority rule)
when does the MPC allow for the defense of abandonment for an attempt?
when the abandonment if fully voluntary and a complete renunciation of criminal purpose has taken place
what type of impossibility is a defense to attempt?
legal impossibility (means whatever the person was doing was not a crime even if the person thought it was)
what type of impossibility is not a defense to attempt?
factual
what are the 4 tests for the insanity defense?
- M’Naghten rule: at the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions
- Irresistible impulse: D lacked the capacity for self control and free choice
- durham rule: D’s conduct was a product of mental illness
- MPC: D lacked the ability to conform his conduct to the requirements of the law
to what type of crimes is voluntary intoxication a defense?
specific intent crimes ONLY
what are the elements for the defense of involuntary intoxication?
- unknowingly being intoxicated or
2. becoming intoxicated under duress
can children under age 7 incur criminal liability?
no
can children under age 14 incur criminal liability?
maybe. There is a rebuttable presumption of no criminal liability
what are the 2 types of self defense?
- non deadly force
2. use of deadly force
when may a person use non deadly force as a defense?
A V may use non-deadly self-defense anytime the V reasonably believes that force is about to be used on him
what is the majority rule regarding use of deadly force as a defense?
A V may use deadly force in self-defense anytime the V reasonably believes that deadly force is about to be used on him
what is the minority rule regarding use of deadly force as a defense?
a V is required to retreat if it is safe to do so (“retreat jurisdiction”)
in a minority jurisdiction, what are the 3 exceptions to the duty to retreat?
- your home
- victim of rpae or robbery and
- police officers
how can the original aggressor get back the defense of self-defense
- withdraw and
2. communicate that withdrawal
can deadly force be used to defend property?
no
when is duress a defense to a criminal act?
- the person acts under the threat of imminent infliction of death or great bodily harm AND
- that belief is reasonable
can threats to harm a 3P suffice to establish the defense of duress?
Yes
to what crimes is duress a defense?
all crimes except homicide
when can a person assert a necessity defense?
when their conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the D reasonably believes that his conduct was necessary to avoid a greater social harm
when is mistake of fact a defense?
only when the mistake negates intention
what must a mistake of fact be in order to be a defense to a malice or general intent crime?
reasonable
what must a mistake of fact be to be a defense to a specific intent crime?
just a mistake (does not have to be reasonable)
can mistake of fact be a defense to SL crimes?
never
what is the difference b/t mistake of fact and factual impossibility?
- mistake of fact = D never has the intent to commit the crime
- factual impossibility = D has the intent to commit the crime but it is impossible to do so b/c of the factual circumstnaces
is consent of the V a defense?
no
when is entrapment a valid defense?
when:
- the criminal design originated w/ law enforcement officers and
- the D must NOT have been predisposed to commit the crime (predisposed ex. sold drugs in the past)
what is battery?
-CL crime
A battery is an unlawful application of force to the person resulting in either bodily injury or offensive touching
does a battery need to be intentional?
no
what type of crime is battery?
general intent
what is assault?
- attempt to commit a battery or
2. the intentional creation - other than by mere words-of reasonable apprehension of imminent bodily harm
what is an aggravated assault?
An assault + the use of a deadly or dangerous weapon OR with the intent to rape, make, or murder
what is the general definition of murder?
The unlawful killing of another human being with malice aforethought
what type of cause is required for murder?
Actual and Proximate
Actual = The D’s conduct must be the cause-in-fact of the victim’s death. (the death would not have occurred but for the D’s conduct)
Proximate = a D is responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.
what two types of murder are included in first degree murder?
- premeditated killing
2. felony murder
what are the requirements for a 1st degree premeditated killing?
- V is human and dead and
2. D acted w/ intent or knowledge that his conduct would cause death
what are the requirements for a 1st degree felony murder charge?
- any killing-even accidental–committed during the course of a felony
what are the defenses to felony murder?
- the D has a defense to the underlying felony
- the felony they are committing must be a felony other than the killing
- the death must be foreseeable
if D reaches a place of temporary safety and then kills someone while still committing the felony, is that felony murder?
no, it’s murder
is a D liable for the death of a co felon as a result of resisted by the V or the police?
no
what are the elements for a D to be guilty of homicide of a police officer?
- the D must know the V is a law enforcement officer
2. the V must be acting in the line of duty
what is second degree murder?
-a depraved heart killing = a killing done w/ reckless indifference to an unjustifiably high risk to human life or murders that are not classified as 1st degree murders
what are the 3 types of manslaughter?
- voluntary
- involuntary
- imperfect self-defense (V has honest but unreasonable belief his life was in danger; recognized by only some states)
what is voluntary manslaughter?
killing in the heat of passion resulting from an adequate provocation by V
what is involuntary manslaughter?
- a killing of criminal negligence OR
2. misdemeanor manslaughter = killing someone while committing a misdemeanor or an unenumerated felony
definition of false imprisonment
Unlawful confinement of a person w/o his valid consent
definition of kidnapping
confinement of a person w/ either:
- some movement OR
- concealment in a secret place
what do we need to know about rape?
the slightest penetration completes the crime of rape
what type of crime is statutory rape?
strict liability
what is larceny?
A wrongful taking and carrying away of property of another by trespass w/ intent to permanently deprice
when must the intent to permanently deprive the owner of property exist to be guilty of larceny?
at the time of the taking
If a person takes property not intending to steal it, but then later decides to keep the property, she can be guilty of larceny under what theory?
continuing trespass
is it larceny if you believe the property is yours?
no
what is embezzlement?
the fraudulent conversion of property of another
T/F: you have to carry away to be an embezzler
false –you just need lawful possession
what is false pretenses
the D persuades the owner of the property to convey title b false pretenses (false representation)
can a promise to do something in the future be a ground for liability for false pretenses?
no
what is larceny by trick?
when possession of the property is obtained by false representation (crime of false pretenses involves the possession of the title only)
what is robbery?
the taking of personal property of another from the other’s person’s presence, by force or threat w/ the intent to permanently deprive him of it
what is extortion?
knowingly seeking to obtain property or services by means of a future threat
what is forgery?
the making or the altering of a false writing w/ intent to defraud
what is burglary?
breaking and entering of a dwelling of another at night w/ the intent to commit a felony therein
what can a “breaking” be for the definition of burglary?
- actual (break window)
2. constructive (using house cleaning key to enter house at night to throw party)
can burglary include entering a dwelling that is a barn or a commercial building?
no
when must the intent to commit a felony exist for the crime of burglary?
at the time of the breaking and entering
what is arson?
the malicious burning of the dwelling of another
-malicious = acting w/ reckless indifference
is scorching sufficient for arson?
no, it must be charring
at CL, could one be guilty of arson for burning down his own house?
no
what is the difference b/t accomplice liability and conspiracy?
- accomplice = helper (aid, advise, encourage)
- conspirator = in on the crime, doing it together
