General Topics Flashcards
Felonies
Crimes that are punishable with imprisonment for more than a year.
Felonies at CL
Burglary, Arson, Robbery, Rape, Larceny, Murder, Manslaughter, and Mayhem
Misdemeanor
Crimes that are punishable for imprisonment that is less than a year or fine only.
Malum prohibitum
Criminal conduct that is wrongful only because it violates a statute.
Malum in se
Conduct that is deemed inherently wrongful.
Specific Intent Crime
When D’s guilt requires proof that D intended to bring about a specifically prohibited harm. Includes acts done purposefully or knowingly.
-Nullified by an honest but unreasonable mistake of fact or by voluntary intoxication.
Types of specific intent crimes
- Attempt
- Assault
- Burglary
- Conspiracy
- Embezzlement
- False Pretenses
- Forgery
- Intent-to-Kill Murder
- Larceny
- Robbery
- Solicitation
- Voluntary Manslaughter
General Intent Crime
When D’s guilt requires proof that D committed criminal act while possessing a generally bad state of mind. Includes reckless and negligent states of mind. Nullified by an honest and reasonable mistake of fact.
Criminal Negligence
Negligence that causes a greater risk of harm than ordinary negligence or ordinary negligence that occurs where D is consciously aware of the risk.
Types of General Intent Crimes
- Battery
- Rape
- Kidnapping
- Involuntary Manslaughter
- Depraved-Heart Murder
- False Imprisonment
Strict Liability (SL) Crime
When Ds guilt only requires proof that the D voluntarily engaged in conduct that is prohibited by statute.
Types of SL Crimes
- Regulatory offenses (e.g. traffic violations, vehicle offenses, or admin statutes)
- Public welfare offenses (e.g. selling alcohol to minors, regulations of firearms or drugs)
- Morality crimes (e.g. statutory rape or bigamy)
Determining if Something Is a SL Crime
Overall, if it is not clear, as a general rule, the stricter the penalty is for an offense –> the less likely it is to be considered a SL offense.
Malice Crime
A crime in which the D acts intentionally or with reckless disregard of an obvious or known risk that the particular harmful result will occur. Includes arson and CL murder.
Elements of Crime
Include:
- Mens Rea
- Actus Reus
- Causation
Actus Reus (Guilty Act)
Generally, a P will satisfy this element by showing that the D committed the guilty act voluntarily.
Habits v. Reflexes
Habitual acts that one is simply aware of are considered voluntary. But acts that are reflexive are deemed involuntary and are insufficient to satisfy this element.
Reflexes & Sleepwalking
Lack volition, so they are not considered criminal acts.
Bad Thoughts
Mere bad thoughts unaccompanied by action will always be insufficient to satisfy this element.
Conditioned Responses
A conditioned response still satisfies the volition requirement and is thus a voluntary act.
Voluntary Omissions
In rare instances, a P will satisfy the actus reus element of a crime by showing a D’s voluntary omission if:
- D had legal duty to act and
- Physical ability to perform the act.
When There Might Be a Legal Duty to Act
- Statute (e.g. law enforcement)
- K (e.g. lifeguard/nursing home)
- Relationship (parent or spouse)
- When someone has created a risk of peril to another
- Where a voluntary undertaking has begun (unreasonable abandonment)
Mens Rea (Guilty Mind)
Except for SL crimes, a P must show that the D acted with a guilty mind.
Concurrence of Mens Rea & Actus Reus
There must be a showing that the guilty act occurred while the D had the requisite guilty mind.
Types of Mens Rea
- Purposely
- Knowingly
- Intentionally
- Willfully
- Recklessly
- Criminally Negligent
Mens Rea (Purposely)
Conscious motivation or desire to bring about a specific result.
Mens Rea (Knowingly)
Knowledge or substantial certainty that act will produce a certain result.
Mens Rea (Intentionally)
Purposely or knowingly
Mens Rea (Willfully)
Purposely or knowingly and with moral turpitude.
Mens Rea (Criminal Negligence)
When one creates an unjustifiable risk without subjective awareness that they are doing so, but a reasonable person would have been aware of the risk.
Mens Rea (Recklessly)
When one is aware that their conduct creates an unjustifiable risk, but ignores that risk and engages in the conduct anyway.
Transferred Intent
When a D intends criminal conduct against one party but instead harms another party. Can satisfy the mens rea element of the crime committed against actual V.
Transferred Intent (Completed Crimes v. Attempt Crimes)
Transferred intent only applies to completed crimes, not to attempt crimes. Therefore, one can be liable for completed crime and attempted crime against intended victim.
Causation
For crimes that require a specific prohibited harm –> the Ds conduct must be both actual and proximate cause of the harm.
Actual Causation (Tests)
Includes:
- But-for Causation
- Substantial Factor Test
- Acceleration of Result
But-For Causation
But for the Ds actions, the criminal result would not have occurred.
Substantial Factor Test
Ds act was a substantial factor causing the criminal result (important when there are multiple causes).
Acceleration of Result
When a Ds conduct speeds up or hastens an inevitable death, even by a very brief amount of time, the D is considered an actual cause of a Vs death.
Proximate Causation
For criminal negligence or recklessness –> resultant harm must have been within the risk created by Ds conduct.
For crimes involving intent to bring about a prohibited result –> resultant harm must have been sufficiently similar to that which was intended.
Intervening Causes
Their impact on proximate causation can depend on whether the intervening cause is foreseeable or unforeseeable.
Foreseeable Intervening Causes
If an intervening cause is foreseeable –> it is not superseding and the D remains criminally responsible.
Types of Foreseeable Intervening Causes
- A 3rd party’s ordinary negligence
- A Vs special sensitivities or vulnerabilities, even if unknown to the D
- Conduct by a V or 3rd party that is dependent on or responsive to the Ds conduct, so long as it is not an abnormal response.
Unforeseeable Intervening Causes
Are superseding (relieve the D of criminal responsibility).
Types of Unforeseeable Intervening Causes
- A 3rd party’s criminally negligent or reckless conduct
- Conduct by a V or 3rd party that is coincidental or indep of the Ds conduct unless they are foreseeable
