Essay 08. Criminal Law Flashcards
1
Q
Issue Checklist
Criminal Law
MEE
A
- Party Liability
- Responsibility
- Homicide
- Other Crimes Against the Person
- Crimes Against Property
- Inchoate Crimes
- Defenses
2
Q
Principal
Criminal Law
MEE
A
The person who actually commit the actus reus of the crime
3
Q
Accomplice
Criminal Law
MEE
A
- A person who aids of abets the principal prior to or during the crime
- Must intend to helpd the principal commit the crime AND intent that the principal commit the crime that is charged
4
Q
Accomplice liability for other crimes
Criminal Law
MEE
A
The accomplice is liable for any crimes that are the natural and probable consequence of the accomplice’s conduct
5
Q
Accomplice withdrawal
Criminal Law
MEE
A
To legall withdraw (and avoid liability for the substantive crime), the accomplice must:
1. Repudiate prior aid;
2. Do all that is possible to countermand prior assistance; AND
3. Do so before the chain of events is in motion and unstoppable
6
Q
Accessort After the Fact
Criminal Law
MEE
A
A person who aids a felon to avoid apprehension after the felony is committed.
To be guilty, the person must know the felony was committed.
NOTE: AATF is often paird with receipt of stolen property
7
Q
Insanity Tests
Criminal Law
MEE
A
- M’Naghten Rule
- Irresistible Impule Test
- Durham Rule
- MPC
8
Q
M’Naghten Rule
Criminal Law
MEE
A
The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either:
1. The nature and quality of the act; OR
2. The wrongfulness of the act
9
Q
Irresistible Impulse Test
Criminal Law
MEE
A
The defendant is not guilty if a mental disease or defect prevented him from being able to
conform his conduct to the law.
10
Q
Durham Rule
Criminal Law
MEE
A
The defendant is not guilty if the crime would not have been committed but for the mental
disease or defect.
11
Q
MPC Test
Criminal Law
MEE
A
The defendant is not guilty if a mental disease or defect either prevents the defendant from
knowing the wrongfulness of the conduct or prevents the defendant from being able to
conform his conduct to the law.
12
Q
Incompetence to Stand Trial
Criminal Law
MEE
A
- A defendant’s incompetency is a bar to trial
- Competence is determined at the time of trial - not when the offense was committed
- The burden of proof is typically on the defendant
13
Q
Test to Determine Competency
Criminal Law
MEE
A
- Whether the defendant comprehends the nature of the proceedings against him; AND
- Whether the defendant has the ability to consult with a lawyer with a reasonable degree of rational understanding
14
Q
2 Types of Intoxication
Criminal Law
MEE
A
- Voluntary intoxication
- Involuntary intoxication
15
Q
Voluntary Intoxication
Criminal Law
MEE
A
- Involves the voluntary ingestion of an intoxicating substance
- It is a defense to specific intent crimes if the intoxication prevents the formation of the required intent
- Voluntary intoxication is NOT a defense to crimes involving malice, recklessness, or negligence, or for strict-liability crimes
16
Q
Involuntary Intoxication
Criminal Law
MEE
A
- Unknowingly or forced to ingest an intoxicating substance
- It is a defense to both general and specific intent crimes, as well as malice crimes when the intoxication serves to negate an element of the crime
17
Q
Homicide
Criminal Law
MEE
A
- Killing a person
- Causation
- Transferred Intent
18
Q
Killing a Person
Criminal Law
MEE
A
A living person must die
19
Q
Causation
Criminal Law
MEE
A
- Actual Cause
- Proximate Cause
NOTE: Only need to discuss in depth if there is some dispute or ambiguity
20
Q
Homicide
Actual Cause
Criminal Law
MEE
A
- The victim would not have died but for the defendant’s act
- When there are multiple causes, the defendant’s act must be a substantial factor in causing the death
21
Q
Homicide
Proximate Cause
Criminal Law
MEE
A
It is foreseeable that the defendant’s actions would case the victim’s death
22
Q
Homicide > Proximate Cause
Intervening Cause
Criminal Law
MEE
A
Actions by a third party that occur between the defendant’s conduct and the victim’s death
23
Q
Homicide > Proximate Cause
Superseding Cause
Criminal Law
MEE
A
- Unforeseeable actions by a third party will relieve the defendant of liability
- Negligence is generally foreseeable (i.e., a doctor negligently treating the victim)
24
Q
Homicide
Transferred Intent
Criminal Law
MEE
A
- When a defendant acts with intent to cause harm to one person and then causes harm to another person, then the defendant is liable for the harm caused to the other person
- Typically applies to homicide, battery, and arson
25
Types of Murder
| Criminal Law
## Footnote
MEE
1. Common-Law Murder
2. Felony Murder
3. First-Degree Murder
4. Second-Degree Murder
5. Voluntary Manslaughter
6. Involuntary Manslaughter
26
Common-Law Murder
| Criminal Law
## Footnote
MEE
At common law, murder is the unlawful killing of a human being committed with malice aforethought
27
Malice Aforethought
| Criminal Law
## Footnote
MEE
1. Intent to kill
2. Intent to inflice serious bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (depraved-heart murder)
4. Felony murder
28
Felony Murder
| Criminal Law
## Footnote
MEE
A defendant can be found guilty for an unintended but foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony
"BARRK"
STEPS:
1. State the underlying felony
2. Analyze the elements to the felony
3. Analyze felony murder
29
Felony Murder - Defenses
| Criminal Law
## Footnote
MEE
* If the death was unforeseeable, then the FMR will not apply
* Point of Safety: If the felony is complete and the defenant has reached a place of safety, the FMR will not apply to deaths that occur after reaching the place of safety
30
Felony Murder - Death of a bystander (majority rule)
| Criminal Law
## Footnote
MEE
A defendant will not be liable for the death of a bystander caused by a police officer or as a result of resistance by the victim of the felony because neither person is the felon's agent
31
Felony Murder - Death of a co-felon
| Criminal Law
## Footnote
MEE
A defendant will not be liable for the death of a co-felon if a victim or police officer kills the co-felon
32
First-Degree Murder
| Criminal Law
## Footnote
MEE
1. Premeditated
2. Deliberate
33
# First-Degree Murder
Premeditated
| Criminal Law
## Footnote
MEE
1. Premeditated if the defendant had time to plan and reflect on the idea of the killing
2. The amoubnt of time needed may be brief; a mere second of reflection is sufficient
34
# First-Degree Murder
Deliberate
| Criminal Law
## Footnote
MEE
The defendant made the decision to kill in a cool and dispassionate manner
35
Second-Degree Murder
| Criminal Law
## Footnote
MEE
Statutory version of common law murder
36
Voluntary Manslaughter
| Criminal Law
## Footnote
MEE
Voluntary manslaughter is murder committed in response to adequate provocation and no time to cool off
37
# Voluntary Manslaughter
Provocation
| Criminal Law
## Footnote
MEE
Objective = A reasonable person would have been provoked by the victim's actions
* Words are generally not enough provocation
* Sufficient provocation = discovery of adultery, suffering a serious battery
Subjective = The defendant must also have actually been provoked
38
# Voluntary Manslaughter
Time to Cool Off
| Criminal Law
## Footnote
MEE
* Objective = There must not have been sufficient time for an ordinary (reasonable) person to cool off between the provocation and the killing
* Subjective =The defendant also must not have actually coolled off
39
# Voluntary Manslaughter
Transferred Provocation
| Criminal Law
## Footnote
MEE
If the defendant misidentifies the provoker or kills the wrong person due to a reasonable mistake of fact, then the defendant can be guilty of voluntary manslaughter
40
# Voluntary Manslaughter
Imperfect Self-Defense
| Criminal Law
## Footnote
MEE
If the defendant uses self-defense and kills another person but was unreasonable in doing so (e.g., excessing use of force, improper use of self-defense), murder can be mitigated down to voluntary manslaughter
41
Involuntary Manslaughter
| Criminal Law
## Footnote
MEE
Unintentional homicide committed with criminal negligence OR during an unlawful act
42
# Involuntary Manslaughter
Criminal Negligence
| Criminal Law
## Footnote
MEE
Grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death
MPC NOTE: In addition to grossly negligent action, the defendant msut also have been actually aware of the risk his conduct posed
43
# Involuntary Manslaughter
Unlawful Act
| Criminal Law
## Footnote
MEE
The defendant commits an unlawful act that does not rise to felony murder and a dath occurs as a result
44
Other Crimes Against the Person
| Criminal Law
## Footnote
MEE
1. Criminal Battery
2. Criminal Assault
3. Kidnapping
4. False Imprisonment
5. Rape
45
Criminal Battery
| Criminal Law
## Footnote
MEE
* The intentional unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching
* Aggravated Battery = when there is serious bodily injury or the injury is caused by the use of a deadly weapon
46
Criminal Assault
| Criminal Law
## Footnote
MEE
Attempted battery or intentionally placing another in apprehension of imminent bodily harm
47
Kidnapping
| Criminal Law
## Footnote
MEE
The unlawful confinement of a person against that person's will coupled with either movement or concealment of that person
* The victim only needs to be moved a short distance
* If kidnapping occurs incident to another crime, the movement must be more than what is necessary for the commission of the crime to be liable for a separate offense
48
False Imprisonment
| Criminal Law
## Footnote
MEE
The unlawful confinement of a person without consent
49
Rape
| Criminal Law
## Footnote
MEE
Unlawful secual intercourse with a person against their will by force or threat of immediate force
50
Crimes Against Property
| Criminal Law
## Footnote
MEE
1. Larceny
2. Embezzlement
3. False Pretenses
4. Robery
5. Burglary
6. Receipt of Stolen Property
NOTE: Discuss all relevant theft crimes separately, even if they eventally merge into a single crime
51
Larceny
| Criminal Law
## Footnote
MEE
Trespassory taking and carrying away of the personal property of another, without consent, with the specific intent to permanently deprive the owner of the property at the time of the taking
* Taking and carrying away can be met by the slightest movement
* Intent to permanently deprive must be present at the time of the taking
52
Embezzlement
| Criminal Law
## Footnote
MEE
The fraudulent conversion of the property of another by a person who is in lawful possession of the property
53
False Pretenses
| Criminal Law
## Footnote
MEE
The defendant obtains **title** to the property of another person through **reliance** of that person on a **false representation** of material fact made by the defendant with the **intent to defraud**
54
# False Pretenses
False Representation
| Criminal Law
## Footnote
MEE
Must be false and must be of a material past or present fact
NOTE: An opinion, sales talk or puffing, a prediction, or a false promise is NOT sufficient
55
# False Pretenses
Reliance
| Criminal Law
## Footnote
MEE
The victim must rely upon the false representation, and that reliance must cause the victim to pass title to the defendant
56
# False Pretenses
Intent to Defraud
| Criminal Law
## Footnote
MEE
The defendant must know that the representation is false and specifically intend to defraud
57
Robbery
| Criminal Law
## Footnote
MEE
A larceny by force or intimidation when the taking of property is from the victim of in his presence
58
Burglary
| Criminal Law
## Footnote
MEE
Breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein
59
# Burglary
Breaking
| Criminal Law
## Footnote
MEE
The slightest push can be sufficient
60
# Burglary
Entering
| Criminal Law
## Footnote
MEE
Merely crossing the threshold can be sufficient
61
# Burglary
Specific Intent to Commit a Felony
| Criminal Law
## Footnote
MEE
At the time of the breaking and entering, the defendant must have the intent to commit a felony inside the dwelling
NOTE: A defendant who fails to commit the ubnderlying felony may nevertheless by guilty of both burglary and the attempt to commit the underlying felony
62
Receipt of Stolen Property
| Criminal Law
## Footnote
MEE
Receive control over stolen property with the knowledge that it is stolen and the intent to permanently deprive the owner of the property
63
Inchoate Crimes
| Criminal Law
## Footnote
MEE
1. Conspiracy
2. Attempt
64
Defenses
| Criminal Law
## Footnote
MEE
1. Self-Defense
2. Defense of Others
3. Duress
65
Self-Defense
| Criminal Law
## Footnote
MEE
* The use of reasonable force to protect oneself at a reasonable time
* Deadly force may only be used to protect against the use of deadly force
66
# Self-Defense
Retreat
| Criminal Law
## Footnote
MEE
* There is never an obligation to retreat before using nondeadly force
* Majority View = retreat is not required even when deadly force is used in self-defense
67
# Self-Defense
Initial Aggressor
| Criminal Law
## Footnote
MEE
An initial aggressor can gain the right to act in self-defense when the initial aggressor:
1. Uses nondeadly force and is met with deadly force; OR
2. Completely withdraws from the altercation in good faith and communicates that withdrawal to the other person
68
# Self-Defense
Imperfect Self-Defense
| Criminal Law
## Footnote
MEE
* Unreasonable use of force can be used as imperfect self-defense
* Too muchf orce for the circumstances may mitigate a murder charge down to voluntary manslaughter
69
Defense of Others
| Criminal Law
## Footnote
MEE
A person has the right tod efend others under the same cirumstances that would entitle them to defend themselves
70
Duress
| Criminal Law
## Footnote
MEE
* A third party's unlawful threat causes a defendant to reasonably beleive that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes the defendant to do so
* Majority rule = duress is not a defense to intentional homicide, but it is available for criminally negligent homicide
71
# Conspiracy
Liability for co-conspirator crimes
| Criminal Law
## Footnote
MEE
A conspirator is liable for the conspiracy and all the crimes of a co-conspirator committed in furtherance of the conspiracy
72
# Conspiracy
Withdrawal
| Criminal Law
## Footnote
MEE
After there has been an agreement but before an overt act has been committed, a person may avoid criminal liability for conspiracy by either:
1. Communicating notice of intent not to participate to the other co-conspirators; OR
2. Informing the police about the agreement
73
Conspiracy
| Criminal Law
## Footnote
MEE
* An agreement between two or more people to accomplish an unlawful purpose;
* With specific intent to agree and commit the criminal objective; AND
* An overt act in furtherwance of the conspiracy
74
Attempt
| Criminal Law
## Footnote
MEE
Attempt requires a substantial step toward the commission of a crime coupled with the specific intent to commit the crime. Mere preparation is NOT enough.
75
# Attempt
Abandonment
| Criminal Law
## Footnote
MEE
* At common law, once the defendant has taken a substantial step toward the commission of the crime, the defendant may not legally abandon the attempt to commit the crime
* Some states recognize voluntary abandonment as a defense to attempt. But abandonment is not voluntary if it is motivated by a desire to avoid detection
