Criminal Law Rules Flashcards
A state has jurisdiction over a crime if:
- Any act constituting an element of the offense was committed in the state
- An act outside the state caused a result in the state
- The crime involved the neglect of a duty imposed by the law of the state
- There was an attempt or conspiracy outside the state plus an act inside the state, or
- There was an attempt or conspiracy inside the state to commit an offense outside the state
Merger Common Law
- If convicted of a felony and a misdemeanor then the charge would merge into the felony
Modern Merger
- No merger of crimes generally
- Solicitation merges if the crime is committed
- Attempt merges if the crime is committed
MPC Merger
- D may not be convicted of more than one inchoate crime (attempt, conspiracy, solicitation)
Felony vs. Misdemeanor
Felony: punishable by death or imprisonment for more than 1 year
Misdemeanor: all other crimes
Elements of a crime
- A physical act (actus reus)
- a mental state (mens rea)
- A concurrence of the act and the mental state
Nonvoluntary movement examples
- A reflexive or convulsive act
- An act performed while unconscious or asleep
- Conduct that is not the product of the person’s own volition
Physical Act (Actus Reus)
- D either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act
- Any bodily movement
Omission as an act gives rise to liability only if:
- there is a legal duty to act
- the defendant has knowledge of the facts giving rise to the duty to act; and
- it is reasonably possible to perform the duty
How is a duty to act created
- By statute
- By contract
- the relationship between the parties (child/parent; Spouse)
- the voluntary assumption of care by the defendant for the victim
- the d created the peril for the victim
Specific Intent
- A crime that requires the act to be done with specific intent or objectives
- Can be inferred from the manner in which the crime was committed
- Qualify for defense of voluntary intoxication and unreasonable mistake of fact
Specific Intent Crimes (Students can always fake a laugh even for ridiculous bar facts)
- Solicitation
- Conspiracy
- Attempt
- First degree premeditated murder
- Assault
- Larceny
- Embezzlement
- False pretenses
- Robbery
- Burglary
- Forgery
Malice Crimes
- Common Law Murder and Arson
- Requires a reckless disregard of an obvious or high risk that the particular harmful result will occur
- Defenses to specific intent do not apply to malice
General Intent Crimes
- Jury may infer the required general intent merely from doing of the act
- catch-all for all crimes that aren’t specific intent and malice
Strict Liability Offenses
- D can be found guilty from the mere fact that they committed the act.
- Selling liquor to minors, statutory rape
- Will give a statute and there are no adverbs such as knowingly, willfully, or intentionally
MPC Categories of Intent
- Purposely
- Knowingly
- Recklessly
- Negligently
Purposely Intent
- A person acts purposely when their conscious object is to engage in certain conduct
Knowingly Intent
A person acts knowingly when they are aware their conduct is of a particular nature or that certain circumstances exist and their conduct will necessarily or very likely cause a particular result
- Can be aware if know of a high probability and deliberately avoid learning the truth
Reckless Intent
A person acts recklessly when they consciously disregard a substantial and unjustifiable risk and this disregard constitutes a gross deviation for a reasonable standard of care
Negligence
- A person acts negligently when they fail to be aware of a substantial and unjustifiable risk and the failure is a substantial deviation from the reasonable standard of care
Transferred Intent
- D can be liable if they intend the harm that is caused but to a different person (i shoot at 1 person but hit another)
- Can be charged with crime and attempt for other person
Causation
- Cause In-Fact
- Proximate Causation
Common Law Parties to a Crime
- Principal in the first degree
- Principal in the second degree
- Accessories before the fact
- Accessories after the fact
Modern View Parties to a Crime
- All parties to the crime can be found guilty of the principal offense
- Principal: one who, with the requisite mens rea, engages in the act or omission that causes the criminal result
- Accomplice: one who aids, advises, or encourages the principal in the commission of the crime charged
- Accessory after the fact: someone who assists after the fact
Mental State for Accomplice Liability
- The intent to assist the principal in the commission of a crime
- the intent that the principal commit the substantive offense
- If mens rea is recklessness or negligence then the accomplice must have acted with recklessness or negligence as well
Scope of Accomplice Liability
- Responsible for the crimes they were a part of and other crimes that were probable or foreseeable
Exceptions from Accomplice Liability
- Members of the protected class of the statute
- Necessary parties not provided for in the statute
- Withdrawal
Conspiracy Elements
(1) an agreement between two or more persons; (2) an intent to enter into the agreement, (3) an intent by at least two persons to achieve the objective of the agreement. A majority of states require an overt act, but an act of mere preparation will suffice.
MPC Unilateral Conspiracy Approact
- Requires that only one personal have genuine criminal intent
Common Law Bilateral Approach
- A conspiracy requires at least two “guilty minds” if one person is faking then the other person cannot be convicted of conspiracy
Termination of Conspiracy
- Usually terminates upon completion of the wrongful objective
Liability of Co-Conspirators Crimes
(1) crimes were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable
Non Defenses to Conspiracy
- Withdrawal is not a defense to conspiracy but can be in furtherance of the conspiracy. Must perform an affirmative act
- Factual Impossibility is not a defense
Solicitation Elements
- Asking, inciting, counseling, advising, urging or commanding another to commit a crime, with the intent that the person solicited commit the crime
Attempt Elements
(1) specific intent to commit a crime
(2) an overt act in furtherance of the crime
Overt Act for Attempt
Must commit an act beyond mere preparation.
- Traditional view requires the act to be dangerously close to completion of the crime.
- modern view requires the act is a substantial step in the commission of the crime
Defenses to Attempt
- Abandonment (under MPC)
- Legal Impossibility
Common Law Murder
- The unlawful killing of a human being with malice aforethought.
Malice Aforethought Mindsets
- Intent to Kill
- Intent to inflict great bodily injury
- reckless indifference to an unjustifiably high risk to human life
- intent to commit a felony (felony murder)
Common Law First Degree
- Murder with deliberate and premeditated mindset
- Felony Murder
Common Law Second Degree
- Anything that is not first degree
- Usually depraved heart
Felony Murder
- caused in the commission or in an attempt to commit a dangerous felony
- Burglary, arson, rape, robbery, kidnapping
Limitations on Liability for Felony Murder
- the D must have committed or attempted to commit the underlying felony
- The felony must be distinct from the killing (battery would not count)
- The death must have been a foreseeable result of the felony
- the death must have been caused before the defendant’s immediate flight
- Not liable when a co-felon is killed by a victim or police
Proximate Cause Theory of Liability (minority view)
felons are liable for the deaths of innocent victims caused by someone other a co-felon
Alternative Agency Theory (majority view)
The killing must be committed by a felon or their “agent”
Voluntary Manslaughter
- Killing that would be murder but for the existence of adequate provocation
Adequate Provocation exists if:
- A provocation that would arouse sudden and intense passion, causing them to lose self-control
- the D was in fact provoked
- There was not sufficient time between provocation and the killing for a reasonable person to cool off; and
- the defendant in fact did not cool off
Imperfect Self-Defense
- Recognized in some jurisdictions that will reduce a charge to manslaughter even though the D started the altercation, or the D unreasonably but honestly believed in the necessity of responding with deadly force
Involuntary Manslaughter
- Committed with criminal negligence or recklessnes under the MPC; or
- in some states, during the commission of an unlawful act. Foreseeability of death also may be a requirement.
- only requires a substantial risk of death for recklessness
Causation
- But for
- Proximate Cause (the natural and probable consequence of the conduct)
- An act that hastens an inevitable result is still the legal cause of that result.
Battery
- An unlawful application of force to the person of another resulting in either bodily injury or an offensive touching
- General intent crime
Aggravated Battery
(1) battery with a deadly weapon, (2) battery resulting in serious bodily harm; and (3) battery of a child, woman, or police officer
Assault
(1) an attempt to commit a batter or
(2) the intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
Aggravated Assault
Assault plus one of the following: (1) the use of a deadly or dangerous weapon, or (2) with the intent to rape, maim, or murder
False Imprisonment
The unlawful confinement of a person without the person’s valid consent. MPC Requires that the confinement must interfere substantially with the victim’s liberty
Kidnapping
Unlawful confinement of a person that involves either (1) some movement of the victim, or (2) concealment of the victim in a “secret place”
Rape
- Unlawful carnal knowledge of a woman by a man (now states recognize either way)
- Slightest penetration is sufficient
Lack of Effective Consent (Rape)
- Intercourse is accomplished by actual force
- Intercourse is accomplished by threats of great and immediate bodily harm
- Victim uncapable of consenting due to mental state
- Fraudulent causing victim to believe it is not intercouse
Larceny Elements
- A taking (obtaining control)
- carrying away (asportation - slightest movement enough)
- of tangible personal property
- of another with possession
- by trespass
- with intent to permanently deprive the person of their interest
Possession vs. Custody for Larceny
- Defendant has possession if they were given discretionary authority over the property but only custody if given limited authority
Embezzlement
The fraudulent conversion of personal property of another by a person in lawful possession of that property
- Trustee is often the MBE embezzler and does not have to get the benefit
Continuing Trespass of Larceny
- If D wrongfully takes the property without the intent to permanently deprive, and later decided to keep, the D is guilty when they make that decision
False Pretenses
Obtaining title to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other
- Distinguished from larceny by trick because you are getting title
Larceny by Trick
- Same elements of false pretenses but you must coerce someone into giving up custody or possession
Robbery
- A taking of personal property of another from the other person or presence (in their vicinity) by force of threats of immediate death or physical injury to the victim with the intent to permanently deprive them of it
- Must be a threat of imminent harm
Extortion
- Obtaining property by means of threats to do harm or to expose information. Distinguished from robbery because threats may be of future harm
Receipt of Stolen Property
- Receiving possession and control of “stolen” personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest in it
- Must be stolen property at the time the defendant receives it
Theft
Larceny, robbery, embezzlement, extortion, etc.
Forgery
The making or altering of a false writing with the intent to defraud
Burglary
- A breaking and entering of a dwelling (house) of another at nighttime with the intent to commit a felony in the structure
- Breaking (cannot be through a wide open door or window, but if they push open a door to another room then breaking exists, can be by fraud or threat)
Arson
- the malicious (can be inferred from reckless disregard) burning of the dwelling (house) of another
- Most states have expanded to include damage caused by explosion and included commercial structures, cars, trains, etc.
- Blackening by smoke or discoloration by heat is not sufficient, but charring is sufficient
Defense of Insanity M’Naghten Rule
- A defendant is entitled to acquittal if (1) a disease of the mind; (2) caused a defect of reason; (3) such that the D lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions
Insanity Defense: irresistible impulse
A D is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law
Insanity Durham (NH) Test
- Entitled to acquittal if the crime was the product of their mental illness
- Broadest
- Only followed in NH
MPC Test (Modern Trend)
- A D is entitled to acquittal if they had a mental disease or defect, and as a result, they lacked the substantial capacity to either (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of the law
Insanity Burden of Proof
- Most states, D raises the issue, and must prove their insanity by a preponderance of the evidence
Voluntary Intoxication
- May be raised when it negates one of the elements of the crime
- Defense to specific intent crimes
Involuntary Intoxication
- Only if it results from the taking of an intoxicating substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice.
- Will be treated similarly to insanity and will be a defense to all crimes
Infancy
- No liability for under seven
- rebuttable presumption for child seven to fourteen
- 14 or older generally treated as adults
Diminished Capacity
- As a result of a mental defect, short of insanity, D did not have the required mental state to commit the crime
- limited to specific intent crimes
Self-Defense
- Nondeadly (a person without fault may use such force as the person reasonably believes is necessary to protect themselves from the imminent use of unlawful force upon themselves. No duty to retreat.
- Deadly (A person may use deadly force in self-defense if they are without fault, confronted with an unlawful force, and reasonably believes that they are threatened with imminent death or great bodily harm
Duty to Retreat
- Generally no duty to retreat before using deadly force
- The minority view requires retreat if the victim can safely do so, unless:
- the attack occurs in the victim’s own home
- the attack occurs while the victim is making a lwful arrest
- the assailant in in the process of robbing the victim
Right of Aggressor to Use Self-Defense
- Someone can use force to defend themselves as the initial aggressor if:
- they effectively withdraw from the confrontation and communicate to the other their desire to withdraw. or
- the victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and no chance to withdraw
Defense of Others
- A D has the right to defend others if they reasonably believe that the person assisted has the legal right to use force in their own defense
- Minority view there must a special familial relationship
Defense of a Dwelling
- A person may use nondeadly force in defense of their dwelling when they reasonable believe that such conduct is necessary to prevent or terminate another’s unlawful entry
Duress
- Defense to a crime other than intentional homicide that the D reasonably believed that another person would imminently inflict death or great bodily harm to them or a member of their family if the D did not commit the crime
- threat to property under the MPC, assuming the value of the property outweighs the harm done to society by commission of the crime
Necessity
- Defense to a crime that the person reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime. Test is objective.
- Causing death to another for property is never jusitifed
- Will not be available if D is at fault
Mistake or Ignorance of Fact
- Only relevant is it shows that the D lacked the state of mind required for the crime
- if offered to disprove a specific intent, the mistake need not be reasonable, if offered to disprove any other state of mind, it must have been a reasonable mistake or ignorance
Entrapment
Exists only if (1) the criminal design originated with law enforcement officers, and (2) the D was not predisposed to commit the crime prior to contact by the government
Perjury
Perjury is the intentional taking of a false oath in regard to a material matter in a judicial proceeding
Bribery
- The corrupt payment or receipt of anything of value for official action. Modern statutes, may be extended to nonpublic officials, and either the offering of a bribe or the taking of a bribe may constitute the crime
