CrimL - General and Personal 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
Malice Requirement for 1st Degree Murder
Express malice as shown by any length of premeditation and deliberation before unlawful taking of a human life
Categories of 2nd Degree Murder
Malice implied where
1) Intent to kill - without premeditation but with purpose/knowledge
2) Intent to cause serious bodily harm
3) Reckless indifference to life (depraved heart, extreme negligence)
4) Intent to commit IDF
Felony murder
Any death caused in commission or attempted commission (substantial step toward completion) of a felony is felony murder
Resulting death must be foreseeable result of the felony but distinct from the felony.
1st degree felony murder
If killing is proximately caused during or attempt of an enumerated or inherently dangerous felony
Felony start and end
Felony starts when D could be convicted of its attempt, ends when D reaches temporary safety
Felony murder: when does it apply if V dies after flight
D may still be guilty if the act that kills occurs before/during flight from scene and V dies after flight, if there is a close causal relationship between underlying felony and death
Felony murder: is D liable for death of co-felon
No. In most jxn, D is not liable for felony murder when a co-felon is killed as a result of resistance from felony victim or police
Felony murder: Could D be liable for death of innocent victims
Yes.
Proximate cause theory: liable for deaths of innocent victims caused by someone other than co-felon
Alternative agency theory: killing must be committed by a felon or their agent
Does valid defense to underlying felony negate FM
Yes.
Manslaughter
Unlawful killing without malice
Voluntary manslaughter
Intentional killing resulting from adequate provocation (uncooled heat of passion)
Battery
Unlawful application of force to the person of another resulting in bodily injury or offensive touching. Force may be indirect
Aggravated Battery
Where D causes serious bodily injury, D uses a deadly weapon or V is specially protected
Defenses to Battery
Valid Consent, Defense, Prevent Crime
Attempted Battery - one of 2 types of Assault
D intended to commit battery, no need to finish. V need not be aware
Fear of Battery - one of 2 types of Assault
D intentionally put V in reasonable apprehension of imminent bodily harm - words not enough
Aggravated Assault
A felony where D acts with intent to commit a violent crime (rape or murder), D uses a dangerous weapon, or V is specially protected
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 a person without consent
Rape
Unlawful carnal knowledge of a woman by a man not her husband without effective consent
