Criminal Law & Procedure Flashcards
Government Official (GO)
Search must be by GO or a person [agent] acting under direction of govt
Search
GO looking anywhere where there is a REP. Valid Search = (1) Probable Cause + (2) Warrant. Any evidence found as the result of illegal search–> thrown out (fruit of poisonous tree)
Reasonable Expectation of Privacy
purse, pocket, briefcase, wallet; Compare out in the open/plain view
Open Fields Doctrine – Weed in open field & cop takes helicopter over property = NOT a search bc no REP. Compare weed in a greenhouse w dark stained glass? Yes, REP
OVERNIGHT GUEST HAS REP
REP Test
Whether G invaded (1) a person’s subjective expectation of privacy that (2) society would find objectively reasonable
Probable Cause
Reasonable person would conclude it’s more probable than not that the crime has taken place
Informants
Cops can rely on any informant to get PC UNLESS have reason to believe informant is lying
Valid Search Warrant
(1) issued by neutral & detached magistrate;
(2) facts are fresh & not out of date [w/in a few weeks];
(3) person/places to be searched [scope] must be specific;
(4) knock & announce you have warrant to search the premises
Search Cannot Exceed Scope – if search warrant for bedroom cannot search the whole house
Completed Search –Once searched & found what looking for, GO cannot do further search w/o additional warrant (except: plain view)
Protective Sweep – GO cannot continue to search for additional criminals UNLESS have evidence that some other criminal is on the premises (e.g., crime boss who always has bodyguards around)
Warrantless Exceptions
(1) Consent
(2) Search Incident to Lawful Arrest
(3) Inventory Search
(4) Exigent Circumstances
(5) Auto Exception
(6) Hot Pursuit
(7) Plain View
(8) Border Searches
(9) Dog Sniff in Public Places
(10) Harmless Error Rule
Consent
Owner or right to control/apparent authority to use property can consent.
E.g., Guests? No. Subleasing/Tenants? Yes. Guest in car? No. Give someone keys, registration, and insurance card? Yes. Sharing property & 1 person refuses? No. If sharing property, but only 1 person at home & consent? Yes.
YOU CONSENT WHEN U CALL POLICE FOR HELP
Search Incident to Lawful Arrest
(1) Lawful Arrest;
(2) Can Search;
(3) Wingspan/Anything w/in Immediate Control
Inventory Search
When taken into custody, cops can search your person or car
Exigent Circumstances
Reasonable belief that evidence may be lost or destroyed
Auto Exception
Cop must have PC that car has contraband, then car can be searched (e.g., PC that container in car = contraband)
Two Hypos –
(1) Cop has PC to stop you [e.g., speeding] and PC to search the car [e.g., smells like weed];
(2) Tip (e.g., amber alerts) with description of car/drivercop has PC to STOP and SEARCH car [has PC for car itself]
Hot Pursuit
Cop is chasing car after a bank robbery/other crime
Plain View
Anything in plain view, no warrant required bc no REP
Border Searches
No warrant necessary at the border
Dog Sniff in Public Places
Car parked on public street
Harmless Error Rule
If G would have found the evidence anyways without the illegal search –> evidence can still come in/be used
Stop and Frisk
(1) Stop - Need reasonable suspicion that criminal activity is underfoot;
(2) Frisk – Need evidence that person has weapon.
Random Car Stops
Checkpoints are unconstitutional if done selectively (even if done randomly). If doing it, must stop ALL cars in area.
Miranda Warnings
Only apply to D’s confessions/statements = result of a custodial interrogation.
(1) Custody + (2) Interrogation
Elements of Warnings – (1) Right to remain silent; (2) anything you say can/will be used against you; (3) Right to an attorney; (4) If you cannot afford one, one will be provided to you
Custody
Suspect is objectively not free to leave. Would a reasonable person believe they were free to leave?
custody – formal arrest & restricting movement
not custody– traffic stop & terry stop
Interrogation
Police know or should know that they are trying to elicit [via questions/statements] an incriminating/criminal response from D (are you hungry/how are you/are you thirsty = not an interrogation)
Volunteering Confession – if D volunteers confession before cop had opportunity to Mirandize suspect, statement comes in. BTC.
Waiving Miranda – Knowing & Voluntary. BTC.
Right Against Self-Incrimination
Civil & criminal; have the right to not self-incriminate yourself. Cannot make D submit to witness stand. But can commit someone to physical act (e.g., taking blood, hair, walk across courtroom to show limp, etc.) or identification procedures (e.g., fingerprints, voice samples, appearance in lineups)
Line Up or a Picture IDing Suspect – cannot be unnecessarily suggestive (BTC- what the accuracy of W’s statement suggests). If out-of-court ID is too suggestive, in-court ID can come in if reliable.
Corporations or other business associations do not have the privilege
applies to any proceeding (police investigation, civil proceedings, another person’s criminal trial, pre-trial procedures, grand jury investigations, etc.)
EXCEPTION - IMMUNITY
Right to Counsel
No right to counsel at a line-up BEFORE an indictment, but have right to counsel at line-up AFTER indictment
5th amendment right to counsel BEFORE indictment
6th amendment right to counsel AFTER indictment
o Present at all critical stages of the proceedings
o Undercover cop tricks (boasting, bragging) D into giving statements while under arrest (e.g., together in jail cell)
Right to effective counsel – presumption that counsel was effective; D has to prove counsel was NOT. Did attorney deviate from any norms & reasonably probable that the verdict would have not been guilty had the counsel been effective
Waiving Right to Counsel – knowing (BTC)
Co-Defendants – Co-D can share counsel as long as no conflict of interest or in the ability of attorney give rep to co-D.
Public Trial
Right to public trial in criminal cases UNLESS judge has an overriding interest to close trial. Press can attend except: grand jury.
Fair Trial
(1) Impartiality – impartial judge;
(2) Competency – D must be competent to understand the charges against him & to work with lawyer to prep defense but can be given drugs to be competent to stand trial;
(3) Severance- if 2 Ds tried together, but one will be unfairly prejudiced can sever trial & be tried individually
Right to a Jury Trial
If offense has sentence longer than 6 months. Jury should be cross-section that is representative of D’s community.
Excluding Jurors – Any exclusion of juror based on race or gender violates the equal protection clause
Unanimity- State: 6 jurors= unanimous, but if 12 jurors = doesn’t have to be unanimous. Federal: 12 jurors = unanimous
Guilty Pleas
knowing & intelligently = understand the consequences of what you’re doing
Right to Confrontation
D has a constitutional right to confront & cross-examine any W against him (inc. out-of-court declarants)
Co-Defendants – any co-D who makes a confession which implicates the other co-D MUST testify at trial
Out-of-Court Statements – D’s non-testimonial statements allowed. Testimonial statements NOT allowed.
oNon-Testimonial Statements – D’s statements made during an emergency to help cops catch the D
Grand Jury
Everything is ok in grand jury.
Accused has no right to know the grand jury is looking into evidence against them or to be present
Exclusionary Rule doesn’t apply – even illegally obtained evidence is allowed in grand jury to indict you
Grand Jury Witness has no right to counsel, but the W’s counsel can be outside
Burdens
P must prove all elements of a crime beyond a reasonable doubt
D has to prove affirmative defense by a preponderance of the evidence. EXCEPTION -Federal Trial + Insanity Defense – Clear & convincing evidence
No mandatory presumptions in a criminal case bc violates due process
Double Jeopardy
Double Jeopardy – cannot be tried for the same crime twice
Before Trial – anything that occurs before the trial does not count as DJ (e.g., grand jury, pre-trial hearing)
Attaches – DJ attaches when there is a (1) beginning & (2) end to the first trial
-Beginning – Jury Trial–> when jury sworn in & paneled; Non-Jury Trial –> when first W is sworn in
-End – Verdict or acquittal on the merits
attaches at the beginning
DJ Doesn’t Apply –
(1) Separate Sovereign Doctrine = even if it was a trial #1 w a final judgment, if tried in a state court, under SSD –> can be tried in federal court or another state for the same crime;
(2) Collateral Estoppel = if 2 crimes and tried for elements of #1 crime and not proved and crime #2 has some of the same elements, cannot be tried on #2 bc won’t meet elements
(3) Mistrial = requested by D or based on manifest necessity
(4) new facts necessary for greater offense did not exist in first trial
(5) greater offense was charged at time of plea to lesser offense
Cruel & Unusual Punishment
Cruel & Unusual Punishment – Sentence has to be proportionate to the crime & sentences of other criminals in similar crimes
Right to Counsel & Right to be Silent – exists during sentencing
Death Penalty – not C&U punish as long as procedural safeguards are in place to prevent arbitrary or discriminatory sentencing
-Minors & Mentally Challenged - Cannot sentence DP to anyone under 18 at the time of the crime or anyone mentally challenged
Homicide
Murder or Manslaughter
Murder
ELEMENTS
Actus Reus
Corpus Delecti (death of V)
Mens Rea
Causation
Intent - MALICE which is established by
(1) Intent to Kill - desire to kill or knowledge to a substantial certainty death will occur. (use of a deadly weapon creates an inference for intent to kill)
(2) Intent to Inflict Serious Bodily Harm & a person dies as a result
(3) Felony Murder – while in the course of committing a dangerous felony (BARRK), there is a death
-BARRK = burglary, arson, rape, robbery, kidnapping
-Death w/in the course – 20 mins after = ok; 1 week later = not ok
-death is a natural and probable consequence + occurs during the commission of the felony.
=Felon is liable for a killing committed by his co-felon
(4) Depraved Heart – acted with reckless disregard of human life
-Reckless = malice/malicious = knew or should have known someone could have died
Manslaughter
No Intent
Voluntary – adequate provocation which puts you in the heat of passion + no time to cool off (e.g., spouse cheating) + D did not cool off
-Imperfect Self-Defense - self-defense + used excessive force + honestly believed had to use excessive force + person dies
-rekindling doctrine: allows a D to argue that, even tho enough time had passed since initial provocation to allow for cooling off, another encounter w the victim was sufficient to “rekindle” the D’s passion. Such encounters commonly involve mocking or taunts about the initial provocation
Involuntary – acted negligently & someone died (e.g., parent neglecting child needing medical care bc of religious reasons = kid died; drinking & driving crash = person dead)
Depraved Heart v. Involuntary Manslaughter
Reckless–>Depraved Heart – Presence of people (e.g., Russian roulette, drop coin off empire state building)
Negligent–>Involuntary Manslaughter – Lack of people (e.g., polishing rifle at home, neighbors at work, rifle accidentally goes off and hits neighbor who is at home sick gets hit)
Inchoate Crimes
attempt, conspiracy, solicitation
Attempt
(1) Specific intent to do the crime + (2) Overt act or substantial step towards doing crime (words ≠ enough)
Separate crime by itself – Elements of the underlying crime doesn’t matter once charged with attempt
Cannot Withdraw – cannot withdraw once take substantial step, will always be guilty of attempt
Merger Doctrine APPLIES – crime of attempt merges into completed crime. Once completed, only charged with crime.
in common law jurisdiction, need to be sufficiently close to completing target offense. mere preparation (e.g., soliciting) is not enough.
DEFENSE- COMPLETE & VOLUNTARY ABANDONMENT. not voluntary if (1) to avoid detection; (2) delay commission until more favorable time; (3) selection of another similar objective or victim
factual impossibility is not a defense, but legal impossibility is a defense
Conspiracy
Two or more people agree to commit a crime. (1) specific intent to commit a crime + (2) agreement.
Once there is an agreement, always guilty of conspiracy.
EXCEPTION: MPC = Unilateral Theory or Conspiracy – one person alone can have the specific intent to commit the crime guilty of conspiracy (e.g., 3 friends joking of committing crime. One actually wants to commit crime. All 3 guilty of conspiracy)
Co-Conspirator Rule (pinkerton doctrine) – A co-conspirator will be guilty of any crimes the other co-conspirators commit in furtherance of the conspiracy if foreseeable(i.e., getting to the crime, doing the crime, going away from the crime)
Partial Withdrawal – You cannot withdraw from conspiracy once there is an agreement. You can withdraw from crimes in furtherance of the conspiracy as long as you notify your co-conspirators before those crimes could ever be committed and take an affirmative action to withdraw.
Merger Doctrine does NOT apply – Conspiracy crime does not merge. Can be charged with conspiracy + robbery.
Conspiracy can exist among individuals who do not know each other if there is a community of interest in achieving the objective of the conspiracy. A community of interest is usually established through a chain relationship where each alleged conspirator played a role or served as a link in the chain in reaching the conspiracy’s objective.
all conspirators must agree on all essential objectives of the conspiracy (e.g., the target crime or crimes
Common law requires plurality of agreement (2 people must have a guilty mind– if 1 is an undercover cop/feigned agreement–> no conspiracy).
factual impossibility is not a defense to conspiracy.
Common law - no overt act required
MPC & majority - overt act required
agreement can be implied or inferred
if 1 co-conspirator is acquitted for conspiracy, the other cannot be charged w conspiracy
Solicitation
To encourage/entice/egg another to commit a crime. (1) specific intent that crime be committed [solicited party doesn’t have to agree] + (2) inducing/encouraging another to do it
Cannot Withdraw – cannot withdraw from solicitation
Merger Doctrine APPLIES – solicitation merges into completed crime.
DOES NOT REQUIRE ANY STEP TOWARDS EFFECTUATING (e.g., substantial step)
Merger Doctrine
when 2 or more crimes merge, D cannot be prosecuted for each crime
Merge: attempt & solicitation–>completed underlying crime; larceny + assault/battery–>robbery.
false imprisonment –> kidnapping
Doesn’t merge: conspiracy.
General Intent v. Specific Intent Crimes
General - Intent is met when crime occurs
Specific- must have intent to commit that specific crime
Larceny
Trespassory taking & carrying away [even an inch] of personal property of another with the specific intent to permanently deprive (even if only temp & end up putting it back) = (1) Intent to Permanently Deprive + (2) Movement
Continuing Trespass/Wrongful Taking – took something (no intent to permanently deprive) without permission but ended up keeping it/deciding to steal it (e.g., finder)
Larceny by Trick – Obtained POSSESSION of your property by false statement/lie/trick (e.g., joy ride for 6 hours)
Larceny by False Pretenses – obtained TITLE of your property by false statement/lie/trick (hypo re fraudulent sale/transaction) –> usually wrong answer
Embezzlement – LAWFUL POSSESSION of the property of another & converted the use (e.g., pawn shop - supposed to hold ring for 3 days, ends up selling before then & converts it to himself) –> usually wrong answer
no larceny of real property (including severs & immediately carries away an item of real property (e.g., planted tree or fixture/statue)
Burglary
(1) unlawful breaking & entering; (2) dwelling/house of another; (3) at night; (4) with the intent to commit a felony
Breaking – any enlargement, expansion, opening… even if only a millimeter. Can happen by fraud or force. Force to gain Entry
Entering- any part of D’s body or an object in his/her possession crosses into structure
Dwelling – must be a home. Compare John lives in a loft on the 3rd floor of a 7/11 (yes). Of another – not your house.
With an intent to commit a felony (AT TIME OF THE BREAKING)– don’t actually have to commit the felony
convenience store when it’s open = no breaking and entering bc have permission to enter
MODERNLY - most jx include any structure type and any time of day
Custody (Crimes Against Property)
limited control over property of another
Possession (i.e., illegal drugs)
Knowingly received an illegal item OR Exercised dominion or control over the item after learning of its illegal character
Robbery
(1) Trespassory Taking; (2) of Property of another; (3) by force, intimidation, or fear
Force – gun/knife in your face… can be directed toward a 3rd party; Intimidation or Fear – would a reasonable person have felt intimidated or fearful
Larceny–>no intimidation/fear v. Robbery–>intimidation/fear.
Merger Doctrine APPLIES – Larceny merges into robbery. Cannot be charged with both
Larceny is a lesser included offense
Assault
specific Intent to commit battery and substantial step (attempted battery) OR Intent to place another in imminent fear of H/O conduct + conduct to place person in fear (words ≠ enough)
aggravated assault - includes a deadly weapon
Receiving Stolen Property
(1) physical possession of stolen property; (2) you know it’s stolen; (3) intent to keep it.
Forgery
(1) Fraudulent making of (2) a false document that has legal significance, and (3) intent to defraud
Legal significance - checks, letters of recommendation, wills, diplomas, and other instruments that can effectuate one’s intent to defraud. It must have value beyond their own existence
False Pretense
Forgery but for documents with social significance (e.g., historical document, artwork, false introduction, etc.)
(1) knowingly misrepresented a past or existing material fact
(2) did so w the specific intent to defraud
(3) thereby obtained title to another’s property or money
False Pretense
Forgery but for documents with social significance (e.g., historical document, artwork, false introduction, etc.)
(1) knowingly misrepresented a past or existing material fact
(2) did so w the specific intent to defraud
(3) thereby obtained title to another’s property or money
Accomplice Liability
Intent for principal to commit the crime and aid, abet, or encourage someone in the accomplishing of the crime
EXCEPTION - Accessory BEFORE the fact – Aid, abet, or help to complete the crime but NOT at the scene of the crime (didn’t help drive) hacking on the computer
Accessory AFTER the Fact
(1) felony is completed, (2) person knows crime has been completed; (3) gives help to felon to prevent them from getting caught or convicted
urging/encouraging ≠ enough
E.g., harboring/concealing principal; providing supplies; warning principal of impending discovery/apprehension; concealing, tampering w, or destroying evidence; giving law enforcement false info
Battery
intentional or reckless unlawful application of force to another person
aggravated battery - includes a deadly weapon
Arson
MODERN/MAJORITY - Malicious burning of any structure or vehicle (including own [houseburning] if to collect insurance proceeds)
COMMON LAW - Malicious burning of a dwelling of another
-Malicious = reckless; knew or should have known what you did could have burned down a dwelling
-Dwelling of another – not arson if it’s your own house. just need possession (e.g., tenants)
-Charring – need some charring/burning of part of the structure. Doesn’t have to burn it all the way down. Smoke ≠ enough
Rape
Unlawful sexual intercourse by a male with a female without consent.
Statutory Rape – rape of an underage girl (hypo – “I didn’t know her age” –> statutory rape bc general intent crime
Kidnapping
Unlawful restraint of a person’s freedom by force (hypo – statute includes movement of location)
unlawful confinement of another, involving movement or concealment in a secret place
aggravated kidnapping - if done for ransom, to facilitate committing another crime, or if children are taken
Common Items & Areas w no REP
Bank records
plain view
physical characteristics (e.g., handwriting, vocal sound)
Convos w undercover officers & informants
Pen registers (i.e., records of dialed phone numbers)
Smells emanating from cars & other items
Prison inmate’s cell
Car vehicle ID number (VIN)
Constitutionally protected areas
Body - blood withdrawals, clothing search/pat-down (terry frisk), breathalyzer
Home - dwelling, curtilage (porch, yard)
Papers - letters, diaries, personal documents
Effects - personal property (e.g., car)
Intoxication as a Defense
involuntary intoxication is a defense to any crime if it placed D in a mental state required for an insanity defense
voluntary intoxication can only be a defense to specific intent crimes if it prevented D from forming requisite intent
School searches
school officials do not need a warrant or PC to search a student on student grounds if
(1) reasonable suspicion that student violated (or is violating) the law or school rules
(2) the scope of the search is reasonably related to the suspected offense and
(3) the search is not excessively intrusive given the student’s age, sex, and the nature of the suspected offense
however, if police tell them to search–> then need a warrant
Criminal Liability for Failure to Act
Normally, need overt act.
Only criminally liable for failure to act when:
(1) special relationship (p/c; spouse)
(2) D rendered aid
(3) D’s conduct created the risk of harm
(4) statute imposes a duty
(5) K imposes a duty
Accomplice Liability + Charges
Principal (2nd Degree) - target & foreseeable crimes
Accessory Before the Fact - Target & foreseeable crimes
Accessory After the Fact - Independent Crime
Accomplice Liability + Charges
Principal (2nd Degree) - target & foreseeable crimes
Accessory Before the Fact - Target & foreseeable crimes
Accessory After the Fact - Independent Crime
attempted statutory rape
an attempt to violate statutory rape requires proof that D had SPECIFIC INTENT to have sexual intercourse w a girl under 16 years of age. Even tho target crime = strict liability
vicarious liability
D had CONTROL over another’s conduct
Manslaughter & Causation
Manslaughter requires proof that D’s conduct was both the actual and proximate cause of victim’s death
Implied Waiver of Miranda Rights
(1) has not asserted Miranda rights
(2) understands those rights
(3) engages in conduct that indicates a knowing & voluntary waiving (e.g., making an uncoerced incriminating statement)
Actual Cause (cause in fact)
D must have actually caused the harm to the V (but-for the D’s act, v would not have been harmed)
Bilateral theory of conspiracy
common law; need 2 guilty minds
except: if conspired act violates statute designed to protect members of a given class, a member of that class cannot be guilty of the criminal act or conspiracy to commit it (e.g., statutory rape when girl consents)
Consent to sexual intercourse obtained by fraud
In factum–> negates consent
In inducement –> does NOT negate consent
In factum = (1) fraud pertains to nature of act (e.g., dr convinces patient that sexual act is part of medical exam) (2) victim is unaware that they are consenting to sexual intercourse
In inducement = (1) fraud pertains to what victim knows is an act of sexual intercourse (e.g., promise of marriage in exchange) (2) victim is aware that consenting to sexual intercourse)
Common law v. MPC re theft crimes
Common Law = requires TANGIBLE property
MPC/state codes = includes INTANGIBLE property, services, documents
MPC -> no asportation requirement for intangible property
Attempted Murder
requires specific intent to kill
Brady Disclosure (Prosecution)
(1) Favorable to D (2) Material to guilt/punishment
favorable - reduces guilt/mitigates punishment or discredits prosecution’s witness
material– would have affected outcome
regardless if lack of disclosure is purposeful or negligent
Miranda violations + impeachment
statements taken without miranda warnings cannot be used directly in deciding ultimate issues of guilt or innocence
BUT CAN BE USED FOR IMPEACHMENT if (1) voluntary (2) trustworthy
Criminal liability for murder when multiple causes
e.g., poisoning sister w cancer to kill slowly until she takes own life by overdose
(1) did D actually cause victim’s death?
-single cause - but for
-multiple causes - substantial factor
(2) proximate cause - death foreseeable consequence of d’S actions
(3) Did D act w malice aforethought
Mistake of Law
Not a defense UNLESS
(1) Law prohibiting conduct was unavailable
(2) D reasonably relied on invalid law
(3) Mistake negates mens rea
Mistake of Fact
When mistake negates mens rea:
(1) specific intent - honest mistake
(2) general intent & malice - if honest & reasonable mistake
(3) strict liability - no defense
Duty to Retreat
Nondeadly Force - (1) actual & reasonable belief of imminent unlawful harm (2) force reasonably necessary to prevent harm (3) not initial aggressor –> NO DUTY
Deadly Force - (1) actual & reasonable belief of imminent serious harm or death (2) deadly force reasonably necessary to prevent harm (3) not initial aggressor –> NO DUTY (majority); duty when safe retreat available unless inside one’s home (minority)
Justifications (defenses)
necessity
self-defense
defense of others
defense of property
law enforcement
resisting arrest
Necessity
(1) Reasonable belief conduct necessary to avoid imminent & substantial harm
(2) no reasonable legal alternative
(3) harm caused < harm avoided
EXCEPT: MURDER
self-defense
(1) actual & reasonable belief that harm is imminent
(2) reasonable force used to prevent harm
(3) not initial aggressor
defense of others
(1) actual & reasonable belief that force is necessary to protect victim from imminent harm
(2) reasonable force used to protect victim
defense of property
reasonable nondeadly force to prevent imminent and unlawful interference w possessed property
law enforcement
prevent imminent crime
make lawful arrest
prevent suspect’s escape from custody
resisting arrest
reasonable force permitted to resist unlawful arrest or by unknown police officer
special needs doctrine + warrantless search
border searches
drug testing
national security
school searches
searches of prisoners, parolees, probationers
workplace searches
When invocation of miranda rights expires
(1) suspect’s attorney is present
(2) suspect voluntarily reinitiates interrogation
(3) 14 days have passed since suspect was released from police custody or was no longer subject to coercive pressures associated w police custody
Invocation of miranda rights extends to interrogations about other crimes
Robbery + merger doctrine
Robbery = larceny (lesser offense) + battery (lesser offense) OR assault (lesser offense)
assault meets the fear element in robbery so it merges into robbery. cannot be charged w both robbery/attempted robbery and assault or battery
Duress
(1) Crime committed under imminent threat of serious bodily harm from human force
(2) Reasonable belief crime was necessary to prevent harm to self or others
(3) No reasonable opportunity to escape
EXCEPT - Murder
Retaliation
not allowed
increasing rent or terminating lease bc tenant exercised legal right (e.g., reporting housing code violation, organizing tenants’ association)
Actus Reus
Voluntary Act required
Not satisfied when:
- involuntary act
- D just has guilty thoughts
- D is merely present
- D omits to act, except if DUTY (statute, contract, special relationship, D caused danger)
MPC Mens Rea
- Purposely
- Knowingly
- Recklessly
- Negligence
- Transferred Intent
Exceptions to Mens Rea
- Strict Liability
- Vicarious Liability
Purposely
To consciously do the act
Strict Liability
do not require a culpable mental state
Statutory rape, selling alcohol to minors, bigamy
Knowingly
Awareness of the conduct engaged in or that certain circumstances exist. This is a subjective standard. The D does not need to know their actions are illegal, just that they knowingly acted in a manner in which they did.
Vicarious Liability
The one held vicariously liable must have had the ability to control the person who physically committed the crime
Recklessly
Conscious disregard (subjective standard) of a substantial and unjustifiable risk (objective standard) that circumstances exist or a result will follow. A gross deviation from the standard of care a reasonable person would use.
Negligence
Failure to be aware (subjective standard) of a substantial and unjustifiable risk (objective standard) that circumstances exist or a result will follow. A substantial deviation from the standard of care a reasonable person would use.
Includes a violation of a statute or ordinance
Transferred Intent
Intends to harm one person, ends up harming another
Transactional Immunity
Broader immunity that protects the witness from prosecution for the entire criminal transaction about which they testify
Use Immunity
Protects the witness from the direct or indirect use of testimony in a subsequent prosecution. While transactional immunity provides more protection, use immunity is sufficient to nullify the witness’s right against self-incrimination and compel the witness’s testimony
Prima Facie Case
Mens Rea
Actus Reus
Causation
Actus Reus
All crimes require a voluntary act by the D.
Not voluntary act
-involuntary act (e.g., force of police)
-guilty thoughts
-D is merely present
-D omits to act, except if duty (statute, contract, special relationship, D caused the danger)
MPC States of Mind
(1) Purposely - consciously do the act
(2) Knowingly - awareness of the conduct engaged in or that certain circumstances exist (subjective). D doesn’t need to know their actions are illegal, just that they knowingly acted in the manner in which they did.
(3) Recklessly - Conscious disregard (subjective) of a substantial and unjustifiable risk (objective) that circumstances exist or a result will follow. A gross deviation from the standard of care a reasonable person would use.
(4) Negligence - Failure to be aware (subjective standard) of a substantial and unjustifiable risk (objective)t hat circumstances exist or a result will follow. A substantial deviation from the standard of care a reasonable person would use.
(5) Transferred Intent - Intent to harm one person, but ends up hurting another person.
EXCEPTIONS - Strict Liability & Vicarious Liability
Lesser Included Offense
A crime is a lesser included offense if all elements in the lesser crime are also in the greater crime
Robbery –> larceny, assault, battery
Kidnapping –> False Imprisonment
Best Defense
Negates element of the crime, rather than a traditional defense
First Degree Murder
Premeditation and Deliberation - D had time to reflect upon the idea of killing, even if only for a moment, and acted in a cool and dispassionate manner.
Or
Felony Murder Rule
Wharton’s Rule
if the crime can only be committed by the actual number of people participating then there is no conspiracy liability (e.g., adultery, incest, bigamy, dueling)
Factual Impossibility
Occurs where, had the facts been as the D believed them to be, there would have been a crime committed, but since the facts are not as believed there would be no crime.
Legal impossibility
Even if the facts had been as the D beleived them to be, no crime would have been committed
Insanity (M’Naghten Rule)
Mental illness prevented D from
(1) understanding nature or quality of the criminal act
OR
(2) knowing that his/her actions were wrong
Insanity (Model Penal Code)
Mental illness prevented D from
(1) appreciating criminality of act
OR
(2) conforming conduct to law
Lawful Arrest/Mere Presence
Based on probable cause = reasonable belief that the person arrested committed a crime. Mere presence w a criminal or in a vehicle believed to contain evidence of a crime is insufficient to create such a belief
Accomplice Liability + Punishment
Accomplice (accessory before the fact & accomplice) = target + foreseeable crimes
accessory after the fact = independent crime
EXCEPTION: Cannot get death penalty for felony murder UNLESS accomplice significantly participated in the underlying felony and acted w reckless indifference to human life
Good Faith Exception to Exclusionary Rule
allows evidence of illegally seized evidence if police reasonably believed that they were acting lawfully (e.g., relying on a warrant later deemed invalid)
False Imprisonment
Unlawful confinement of a person without consent
Confinement = compelled thru actual force, threat of force, or show of force to either go where person does not want to go or remain where person doesn’t want to remain
