CrimL Flashcards
Criminal liability is based on what elements
M A C C D
Mens rea
Actus reus
Concurrence
Causation
Lack of Defense
Specific Intent Defenses
Voluntary Intoxication
Involuntary Intoxication
Reasonable mistake of fact
Unreasonable mistake of fact in good faith
General Intent Defense
Involuntary intoxication
Reasonable mistake to fact
Malice
D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected.
Applies to arson and common law murder.
Strict Liability crimes
No intent or awareness (mens rea) required
Examples: statutory rape, regulatory or morality crimes.
General intent crimes
BRIAKF2
Battery
Rape
Involuntary Manslaughter
Arson
Kidnapping
False Imprisonment
Common Law Murder (2nd)
Inherently dangerous felonies
BARRK
Burglary
Arson
Robbery
Rape
Kidnapping
Felony murder
Any death caused in commission or attempted commission (substantial step toward completion) of felony is 1st degree felony murder. Malice is implied from intent to common the underlying felony.
Resulting death must be a foreseeable result of felony, but distinct from the felony.
Conspiracy
Requires 1) agreement between 2+ parties to commit a crime; 2) Intent to enter into such an agreement; 3) Intent to achieve same objective of the agreement; and 4) modernly overt act, even mere preparation, in furtherance of the conspiracy
Battery
The unlawful application of force to the person of another person resulting in bodily injury or offensive touching
Two types of assault
Attempted battery: D intended to commit battery, no need to finish (V need not be aware)
Fear of battery: D intentionally put V in reasonable apprehension of imminent bodily harm - words not enugh
Kidnapping
Unlawful confinement of V w/o consent via movement of V or concealment of V in a secret place
False imprisonment
unlawful confinement of V w/o consent. not confinement if alternate route is available
Larceny
Unlawful (w/o consent) taking and carrying away of personal property of another with intent to permanently deprive the owner at time of taking
Robbery
Larceny plus by force or threat of immediate physical injury or death
Extortion
Obtaining property by threat of harm or exposing information
Forgery
Creating or altering a writing w apparent legal significance so that is false, with intent to defraud
Burglary
Breaking and entering of the dwelling house of another with intent to commit a felony therein
Arson
Malicious burning of the dwelling house possessed by another
Malice = intent to burn the structure or reckless disregard
Merger Doctrine
D can be convicted of either an inchoate crime or merged (completed) crime but not both
If solicited person commits sufficient act for attempt…
Both parties may be liable for attempt
If solicited person agrees to commit crime…
Both parties may be liable for conspiracy
Defense to solicitation
Renunciation (MPC) if D prevents commission of crime. Withdrawal usually not a defense.
Attempt
Intent to bring about criminal outcome + an act beyond mere preparation in furtherance of that intent
Defenses to attempt
Abandonment, legal impossibility, not factual impossibility
When can there be one-person conspiracies?
MPC only. (CL = Pro D)
Pinkerton Doctrine
Each conspirator is liable for the crimes of all other co-conspirators where crimes were foreseeable outgrowth of conspiracy + crimes were in furtherance of conspiratorial goal
Wharton Rule
Where 2+ people needed to commit offense, no conspiracy unless agreement involves another not essential to crime
Defense to conspiracy
Withdrawal
CL: May cut off further liability if withdrawal is timely communicated to co-conspirators
MPC: Renouncing party must give timely notice to all members + affirmatively thwart conspiracy
Accomplice liability
D is liable as an accomplice if he aided or encouraged (or omitted with duty to act) the principal’s commission of a crime, with intent to encourage the principal to commit the crime
An accomplice is liable to same extent as principal for crime counseled and for any other crimes by the principal that were probable or foreseeable
Defenses to accomplice liability
Withdrawal
CL: Withdrawal w/ timely notice to principal + nullify prior assistance can cut off future liability
MPC: 1) Render prior assistance ineffective; 2) provide police with timely warning; or 3) make proper effort to prevent perpetrator from committing the crime
M’Naghten rule: cannot understand
Mental disease or defect of reason caused D at the time of offense to not know wrongfulness of or not understand the nature and quality of his actions
Irresistible impulse: cannot control
Mental defect kept D from controlling conduct
MPC Insanity: cannot appreciate or cannot control
As a result of mental disease or defect, D lacked substantial capacity to appreciate the criminality of the conduct or conform his conduct to requirements of law
Durham insanity:
Unlawful act would not have been committed but for the mental defect or disease
Criminal law defenses
Mistake of fact
Intoxication
Insanity
Necessity: Reasonable belief that it was necessary to avoid imminent and greater injury to society
Duress: Reasonable belief that only way to avoid threat of imminent death or great bodily harm by human on him or family member is to commit the crime
Entrapment: D must show that 1) criminal design originated with LE agents; and 2) D was not predisposed to commit criminal act prior to first being approached
Criminal law justifications
Self-defense - unless he is the initial aggressor
Defense of others
Defense of property
Crime/felony prevention
Arrest
Probable cause
Fair probability that would warrant a reasonable person to conclude that evidence of a crime can be found at place or that D committed a crime
Auto - Exceptions to warrant - PC enough to justify S or S without W
- Auto Stop based on RS of violation of law
- Auto stop based on PC to believe criminal evidence in car > can search whole car, closed containers (size limited to evidence) and contents including passengers luggage
-Auto stop based on RS of violation OR PC to believe criminal evidence in car > PC arises to believe criminal evidence in container > search limited to container or where it could be found and once package is found, search is limited to package
-PC to believe automobile is contraband > can seize
Exception to seizure warrant - PC or RS needed
- Arrest in public (PC)
- Arrest in home if in hot pursuit or exigency
- Stop and frisk (RS)
- Stop and frisk (RS) > Plain Feel - during pat down, may seize evidence reasonably believed to be weapon/contraband
-Stop and Frisk (auto stop) - stop based on RS of state law violation > RS armed and dangerous > may frisk driver/passenger and search car limited to where weapon can be
Exception S&S - no W or PC needed
SILACAT = SILA + Consent + Admin + Terry
Miranda warning - reinitiation after invocation
- PO may reinitiate Qs after invocation of rt to silence on unrelated crime after some time + re-Mirandizing
- PO may only reinitiate after invocation of rt to counsel if D reinitiates OR 14 days since D releases to normal life
Jeopardy attaching to lesser bars retrial for greater unless…
P could not have tried the 2nd crime the first time
