CrimLaw Semester 1 Flashcards
Big 5
Actus Reas Mens Rea Concurrence Causation: actual proximate
Inchoate Crimes
Vicarious Liability Accomplice Liability Conspiracy Solicitation Attempt
Against Property
Burglary Robbery Carjacking Receipt of Stolen Property Embezzlement False Pretenses Larceny Extortion
Against Person
Assault Assault with a deadly weapon Battery Murder Manslaughter
Defenses
Defense of Self Def. of Others Def. of Prop. Necessity Heat of Passion Imperfect Self Def. Coercion Diminished Capacity Mistake Insanity Intoxication Infancy Duress Consent Entrapment
Actus Reas
Actus Reas- Voluntary act (or legal omission) that results in harm.
Mens Rea
Mens Rea- State of mind required for culpability (Specific intent or general intent).
Specific Intent
A. Major specific intent crimes are solicitation, conspiracy,attempt, larceny, robbery, burglary, forgery, false pretenses, embezzlement, assault, and first degree premeditated murder.
1. Intent: a.) INTENDED TO CAUSE HARM
2. Knowingly: Knowledge that facts exist [attendant circumstances]. No knowledge of unlawfulness required.
3. Conscious Disregard: D knew act was dangerous and deliberately acted with
conscious disregard for dangerous result. (ignoring a significant danger) (Knew of risk)
General Intent
GENERAL INTENT:
4a. ) Criminal Negligence/Gross Negligence: Acts in a reckless way that creates a high risk of result/injury and a reasonable person (should) have known that acting in that way would create such a risk. (did not know of risk)
4b. ) Ordinary Negligence: Failure to exercise reasonable care under the circumstance
[general intent: Any offense that requires proof of a culpable mental state, but which does not contain a specific intent, is a “general intent” offense. Sometimes, such an offense will have no explicit MENS REA term in the definition of the offense; it is enough that the defendant committed the ACTUS REUS with ANY culpable state of mind.]
Malice
Malice – (CAL) The words “malice” and “maliciously” import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
Concurrance
Concurrence- Wrongful act and intent occur at the same time.
Causation
Causation- D must be the actual and proximate cause of the harm
Actual Cause
Actual Cause-“But for”: D’s conduct is the cause in fact of the result if the result would not have occurred but for the D’s conduct.
Proximate Cause
D’s conduct is prox. cause of the result if the result is a natural and foreseeable consequence of the conduct, even if D didn’t foresee the precise manner in which the result occurred.
Superseding factors break the chain of prox causation.
Intervening independent causes.such as bad medical treatment, interrupt the causal chain.
Dependant causes are those the defendant should have known could have occurred by their criminal conduct.
Inchoate Crimes
Vicarious Liability Accomplice Liability Conspiracy Solicitation Attempt
Vicarious Liability
Vicarious Liability-All crimes committed by co-conspirator
1. ) to further the conspiracy, and; 2. ) a natural and probable consequence of the design of the conspiracy.
Inchoate Crimes
Vicarious Liability Accomplice Liability Conspiracy Attempt Solicitation
Accomplice Liability
Accomplice Liability:A.) Actus Reus: D requests another to commit or join in the crime
B.) Mens Rea: Intends that the offense be committed
C.) Merger: D can be convicted of both solicitation and target crime, but D can only be punished for one, not both.
Accessory after the fact
Accessory after the fact: 1.) The defendant knew that the perpetrator had committed a felony or that the perpetrator had been charged with or convicted of a felony; 3.) After the felony had been committed, the defendant either HARBORED, CONCEALED, OR AIDED THE PERPETRATOR;
AND
4.) When the defendant acted, he/she intended that the perpetrator avoid or escape arrest, trial, conviction, or punishment
Aiding and Abetting
Aiding and Abetting: A person is guilty of aiding and abetting if he/she a.) knows the perpetrator’s illegal plan, b.) intentionally encourage and/or facilitate that plan, and c.) aid, promote, or instigate the crime.
Solicitaion
Solicitation-a person who, with the intent that the crime be committed, solicits another to commit or join in the commission of the offense
Attempt
Attempt-occurs when a person, with the intent to commit a criminal offense, takes a direct step toward the commission of the target offense.
Withdrawal
WITHDRAWAL:
1.) He or she must notify everyone else he or she knows is involved in the commission of the crime that he or she is no longer participating. The notification must be made early enough to prevent the commission of the crime
AND
2.) He or she must do everything reasonably within his or her power to prevent the crime from being committed. He or she does not have to actually prevent the crime.
Conspiracy
Conspiracy- Agreement between two or more people to commit an unlawful act (or lawful act by unlawful means). Requires an overt act.
A.) Mens Rea: DUAL INTENT
1.) intent to agree to commit a crime
2.) intent that at least one member would commit the crime
Crimes Against Person
Assault Assault with a deadly weapon Battery Murder Manslaughter
Assault
Assault-a.) Person WILLFULLY b.) acted in a way that would likely result in application of force to another c.) and was AWARE that the act would likely result in application of force, and d.) person had the present ability to cause application of such force and e.)the defendant did not act in self-defense.
Assault With a Deadly Weapon
Assault with a deadly weapon: defendant a.)willfully b.) assaulted someone, c.) with a deadly weapon; or d.) with other means of force likely to cause great bodily injury
Battery
Battery-A.) Willfully b.) using force or violence c.) upon another.
Murder
Murder- Unlawful killing of another with Malice aforethought
1st Degree Murder
1st Degree murder-
- Willful, deliberate and premeditated killing
- Felony murder
2nd Degree Murder
2nd Degree murder-
- Intentional killing without premeditation or deliberation
- Implied malice
a. Conscious disregard
Felony Murder
Felony Murder Rule-
1st Degree Felony Murder: negligent or accidental killing committed in perpetration or attempted perpetration of: ARSON; RAPE; CARJACKING; ROBBERY; BURGLARY;
2nd Degree Felony Murder: Inherently dangerous felonies NOT LISTED UNDER 1ST DEGREE that do not merge.
Manslaughter
Manslaughter-
Vol.: Killing (without Malice Aforethought) but with intent to kill or conscious disregard for human life: a.) Heat of Passion b.) imperfect Self Defense
Invol-
A. D commits crime (felony, misdemeanor, or infraction) that posed a high risk of death or GBI; or
B. D acted with criminal negligence (defined)
1.) D acts in a reckless way that creates a hight risk of death or GBI; and
2.) A reasonable person would have known that the act would create highrisk of death or GBI
Defenses: Mistake of fact; Imperfect self defense
Crimes Against Property
Burglary Robbery Receipt of Stolen Property Embezzlement False Pretenses Larceny Extortion Forgery
Burglary
Burglary-Entering the dwelling house of another with the intent to commit a felony within. (No breaking or night req. in CA).
Robbery
Robbery- A person commits Robbery in California if he uses violence, force or threats to take property from someone’s immediate possession with the intent to permanently deprive.
Carjacking
Carjacking: a.) the taking of a vehicle from someone’s immediate possession b.) accomplished through force or fear.
Receipt of Stolen Property
Receipt of Stolen Property-if the possessor knowingly procured or received
the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession
Embezzlement
Embezzlement- Every person who fraudulently appropriates
property that has been entrusted to him/her is guilty of embezzlement
Theft by larceny
Theft by Larceny: A.) Taking possession of property owned by someone else B.)without the owner’s (or owner’s agent’s) consent C.) with intent to deprive the owner of it permanently
(OR) to remove it from the owner’s (or owner’s agent’s) possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property;
AND
D. The defendant moved the property, even a small distance, and kept it for any
period of time, however brief
Theft by larceny
Theft by Larceny: A.) Taking possession of property owned by someone else B.)without the owner’s (or owner’s agent’s) consent C.) with intent to deprive the owner of it permanently
(OR) to remove it from the owner’s (or owner’s agent’s) possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property;
AND
D. The defendant moved the property, even a small distance, and kept it for any
period of time, however brief
Theft by False Pretenses
False Pretenses- any act, word, symbol, or token the purpose of which is to deceive.
Defenses
Defense of Self Def. of Others Def. of Prop. Necessity Heat of Passion Imperfect Self Def. Coercion Diminished Capacity Mistake Insanity Intoxication Infancy Duress Consent Entrapment
Defense of self
Defense of Self-1. Defendant had REASONABLE BELIEF (even if D wrong (mistake of fact): a.) there was imminent danger of GBI/DEATH (OR MURDER, RAPE, OR ROBBERY); AND b.) Deadly force was necessary;
1. ) But defendant need not retreat even if defendant could have 2. ) Amount of force used was ACTUALLY reasonably necessary to defend against the danger; AND 3. ) Defendant was not an aggressor
Defense of Others
Def. of Others-Same elements as above if defendant REASONABLY BELIEVED 3rd party had a right to self-defense.
Defense of Property
Def. of Prop.- 1. Deadly forced is not justified
2. Reasonable force is justified if defendant: a. )ACTUALLY and REASONABLY believes b. ) force is necessary c. ) to prevent imminent harm to property 3. Includes reasonable force to eject trespasser if: a. ) there is first a request to leave b. ) but trespasser must pose THREAT to property or occupants 4. But if trespasser or dispossessor uses deadly force in response to owner’s use of reasonable force in defense of property, than owner has right to use deadly force in self-defense.
Defense of Habitation
Defense of Habitation:
1. Defendant had a REASONABLE BELIEF (even if D wrong [mistake of fact]): a. ) Intruder entered intending to commit an act of violence inside; AND b. ) the danger was IMMINENT; AND c. ) deadly force was NECESSARY; AND 2. Amount of force used was reasonably necessary to defend against the danger 3. The law PRESUMES defendant had the necessary reasonable belief if: a. ) intruder is not a member of defendant’s household or family; AND b. ) intruder unlawfully and forcibly enters home
Necessity
Necessity-
1. He/She acted in an emergency to prevent a significant bodily harm or evil to him/herself or someone else
2. He/She had no adequate legal alternative
3. The defendant’s acts did not create a greater danger than the one avoided;
4. When the defendant acted, he/she actually believed that the act was necessary to prevent the threatened harm or evil;
5. A RP would also have believed that the act was necessary under the circumstances;
AND
6. The defendant did not substantially contribute to the emergency.
Imperfect Self Defense
Imperfect Self Def.-
- ) D actually believed self or another was in imminent danger or death or GBI; and
- ) D actually believed immediate use of deadly force was necessary; and
- ) At least one of above’s belief’s was unreasonable
Diminished Capacity
Diminished Capacity-impaired mental condition short of insanity- that is caused by intoxication, trauma,or disease and that prevents a person form having the mental state necessary to be held responsible for a crime.
Mistake
Mistake-The defendant is not guilty of the crime if he/she did not have the
intent or the mental state to commit the crime because he/she ‘reasonably’ did not know a fact or ‘reasonably and’ mistakenly believed a fact.
If the Defendant’s conduct would have been lawful under the facts as he/she
‘reasonably’ believed them to be, he/she did not commit the crime.
1) Specific Intent = ANY mistake counts
(reasonable or unreasonable)
2) Malice & General Intent = Reasonable mistakes only
Strict Liability = NO MISTAKES COUNT
Intoxication
Intoxication-A person is voluntarily intoxicated if he or she becomes intoxicated by willingly using any intoxicating drug, drink, or other substances knowing that it could produce an intoxicating effect, or willingly assuming the risk of that effect. Evidence of Voluntary intoxication can only be used for SPECIFIC INTENT crimes
Insanity
INSANITY
When he/she committed the crime(s) he/she had a mental disease or defect;
And
Because of that disease or defect, he/she was incapable of knowing or undertanding the nature and quality of his/her act or was incapable of knowing or understanding that his/her act was morally or legally wrong.
Entrapment
Entrapment: Perponderance of the evidence. A person is entrapped if a law enforcement officer engaged in conduct that would cause a normally law-abiding person to commit the crime.
Criminal Law
Big 5: Actus Reas Mens Rea Concurrence Causation: actual and proximate
Inchoate Crimes : Vicarious Liability,Accomplice Liability, Conspiracy, Solicitation, Attempt
Against Person: assault, Battery Murder Manslaughter
Against Property: Burglary Robbery Receipt of Stolen Property
Embezzlement False Pretenses Larceny Extortion Forgery
Defenses: Defense of Self Def. of Others Def. of Prop. Necessity Heat of Passion Imperfect Self Def. Coercion Diminished Capacity Mistake Insanity Intoxication Infancy Duress Consent Entrapment
Accomplice
1.) He or she personally committed the crime;
OR
2.) He or she knew of the criminal purpose of the person who committed the crime;
AND
3.) He or she intended to, and did in fact, (AID, FACILITATE, PROMOTE,
ENCOURAGE, OR INSTIGATE the commission of the crime OR participate in a criminal conspiracy to commit the crime.)
