Criminal Law Principles Flashcards
What is actus reus?
the act required to commit a given crime (required for every crime)
How do you satisfy actus reus?
D must perform a VOLUNTARY physical act; a voluntary bodily movement
Can omission constitute actus reus?
Yes (failure to act) if:
- D had specific legal duty to act
- D had knowledge of facts giving rise to the duty; and
- it was reasonably necessary for D to perform the duty
What is mens rea?
the mental element required at time a crime was committed (required for every crime)
What are the different types of mens rea?
- specific intent
- general intent
- malice
- intent doesn’t matter: strict liability
What is specific intent?
D must have the specific intent or object to commit the crime; must be proven (never inferred)
Mistake of fact and voluntary intoxication are defenses to negate SI
What is general intent?
D must be aware of his action any attendant circumstances; may be inferred from act itself; most crimes are GI crimes
What is malice?
D act w/ reckless disregard or undertakes obvious risk, from which a harmful result is expected (applies to arson and CL murder)
What is strict liability?
no mens rea is required (aka no intent or awareness needs to be proven) - arises w/ administrative and morality crimes
What are the MPC mens rea standards?
- purposely: subjective std, when conscious objective is to engage in a certain conduct and cause certain result
- knowingly: subjective std, person is aware that his conduct is of a particular nature or knows that his condcut will necessarily or very likely cause particular result
- recklessly: subjective std, person knows of substantial and unjustifiable risk and consciously disregards it
- negligently: objective std, fails to become aware of a substantial and unjustifiable risk
What are the SI crimes?
attempt larceny & robbery forgery false pretenses embezzlement conspiracy assault burglary first-degree murder solicitation
What are general intent crimes?
battery
rape
kidnapping
false imprisonment
What are malice crimes?
CL murder (malice aforethought) arson
What are strict liability crimes?
statutory rape
regulatory crimes
administrative crimes
morality crimes (polygamy)
What are the concurrence and causation requirements?
concurrence: D’s criminal act and requisite MR to commit crime occur simultaneously
causation: cause in fact and proximate cause
superseding factors break chain of causation
intervening: must be entirely unforeseeable to shield D from liability (V’s refusal of med. treatment, third-party neg. = foreseeable)
What is the transferred intent doctrine?
D may be held liable if he intends the harm caused, but causes it to a different V or object than intended
this does not apply to attempt
What is the effect of the transferred intent doctrine?
D is usually charged w/ 2 crimes: attempt (to commit orig. crime) and the actual, resulting crime
D intends to shoot A but kills. D can be charged w/ attempted murder of A and murder of B (no merger because DIFFERENT victims)
What is the merger doctrine?
concerns relationship between inchoate & completed substantive offense; or offense and lesser included offense
when it applies, two offense merge - prohibiting D from being prosecuted for both crimes
When does merger apply for inchoate crimes?
only applies to solicitation and attempt (prevents D from being convicted of both sol & attempt and the target offense)
D completes burglary after attempting - D cannot be convicted of both attempt and burg.
Does merger apply to conspiracy?
No - can be convicted of conspiracy to commit crime and the crime itself
Can D be convicted of a target crime adn a lesser included offense?
No - (LIO = includes same but not all elements of greater crime)
D’s robbery accomplice kills V during robb. D can be convicted of felony murder but not lesser included robb offense.
Do crimes w/ different victims merge?
Never
What are the inchoate offenses?
solicitation
conspiracy
attempt
Who is an accomplice?
one who aids, encourages, or counsels principal committing a crime w/ the intent to encourage commission
Is mere presence at the crime enough to be an accomplice?
No - need to assist in some way
When is an accomplice liable?
liable for the original crime and other foreseeable crimes committed by the principals in its furtherance
What defenses can an accomplice raise to liability?
Withdrawal: D can withdraw effectively before crimes are committed or become unstoppable
How?
1. repudiate encourage and/or neutralize initial aid
What is an accessory-after-the-fact?
different from accomplice liability; involves helping someone escape or avoid apprehension; gives rise to separate, lesser charge of obstruction of justice
