MBE Criminal Law Flashcards
Actus Reus
A voluntary, affirmative act or omission causing a criminally proscribed result
Voluntary Act
Physical and Voluntary
Unconscious/Asleep/Hypnosis don’t count
Duties to Act
- By statute
- Contract
- Special Relationship
- Detrimental Undertaking
- Causation
Types of Mens Rea
Specific Intent
Malice
General Intent
MPC Mens Rea
Purposely
Knowingly/Willfully
Recklessly
Negligently
Specific Intent Crimes
FIAT
First-Degree Murder
Inchoate Offenses
Assault with Intent to Commit Battery
Theft Offenses
Malice Crimes (CL)
Murder
Arson
Involves reckless disregard of a high risk of harm
Requires only a criminal act without excuse, justification, or mitigation
Intent can be inferred from accomplishing the act
General Intent Crimes
All the others not Specific or Malice
Only the intent to perform the unlawful act is required
When Transferred Intent Applies
Yes: usually homicide, battery, arson
No: attempted crimes
Applies to “bad aim” cases but not “mistaken identity”
MPC doesn’t recognize specifically, but liability recognized when purposely, knowingly, recklessly, or negligently causing a result is an element of an offense
Strict Liability Crimes
Statutory Rape; Bigamy; Regulation of Food/Drugs
Generally disfavored; must be clear legislative intent
Vicarious Liability Crimes
Generally limited to regulatory crimes with punishment limited to fines
Think corporations being liable for actions of high-ranking corporate agents representing corporate policy
Causation Requirements for Crimes
If required, the mens rea must cause the actus reus, which must cause the particular result that is unlawful
Mistake of Fact
May negate criminal intent (if “honest”)
Defense to specific intent crimes even if unreasonable
Defense to general intent or malice crimes but must be reasonable
Never a defense for strict liability crimes
Mistake of Law
Generally not an excuse
3 exceptions:
1. Reliance on high-level government interpretations
2. Lack of notice
3. Mistake of law going to an element of a specific intent crime (FIAT)
Accomplice Liability
Majority/MPC: Must act with the intent of assisting the principal to commit the crime
Minority: intentionally or knowingly aided/caused another to commit an offense
Even approving bystanders aren’t accomplices
Liable for both the planned crime and any other foreseeable crimes occurring in the course of the criminal act
Can be criminally liable even if they couldn’t be the principal or the principal can’t be convicted
Exception: someone protected by statute can’t be an accomplice in violating it (e.g., underage person not an accomplice to statutory rape)
Aiders/Abettors Liability
Individuals who aid or abet a defendant to commit a crime may be guilty of conspiracy (in addition to accomplice liability) if there was an agreement to commit the crime and an overt act was taken in furtherance of it
Criminal Facilitation
A person who is not guilty of the substantive crime (because of lack of intent) can be guilty of the lesser offense of criminal facilitation for assisting
Accessory Before the Fact
Accomplice neither physically nor constructively present during the crime but possesses the requisite intent
To Withdraw, Must:
- Repudiate prior aid;
- Do all that is possible to countermand prior assistance; and
- Do it before the chain of events is in motion/unstoppable
Accessory After the Fact
Aids/assists a felon to avoid apprehension or conviction after commission of the felony
Must know a felony was committed
Only liable for a separate crime (obstruction, etc.)
Insanity Defense Tests
4 Tests
- M’Naghten - D didn’t know either the nature/quality of the act OR the wrongfulness of it due to mental disease
- Irresistible Impulse - D lacked capacity for self control/free choice due to mental disease
- Durham - unlawful act was the product of D’s mental disease
- MPC - combines M’Naghten and Irresistible Impulse - at the time, D lacked substantial capacity to appreciate wrongfulness of the act or conform conduct to law because of mental disease
Intoxication Defense
Voluntary: intentional taking of substance known to intoxicate (need not intend actual intoxication)
Defense to Specific Intent (only if preventing intent formation)
Defense to MPC crimes “purposely” or “knowingly” that prevents formation of mental state
Involuntary: taken without knowledge or under duress
Negates elements of general intent, specific intent, and malice crimes
Murder (CL)
Unlawful killing of another living human being with malice aforethought
Malice
- Intent to kill
- Intent to do serious bodily injury
- Reckless indifference to human life (“depraved heart”)
- Intent to commit a felony (felony murder)
Felony Murder Rule
Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony
Inherently Dangerous Felony
BARRK
Battery Arson Robbery Rape Kidnapping
When is a Defendant liable for another’s death during a felony?
Bystander by Police/Victim
Majority: Agency Theory; No
Minority: Proximate Cause Theory; Yes
Co-Felon by Police/Victim: No
Death occurring after flight from the scene of the crime isn’t included(?)
Statutory Murder
First Degree: deliberate and premeditated OR had time for reflection after forming intent
Specific Intent Crime
Includes Felony Murder
Second-Degree: necessary malicious intent (CL murder) or default if not first-degree
Malice Crime
Voluntary Manslaughter
Homicide committed with malice aforethought but also mitigating circumstances
“Heat of Passion” - not a defense but reduces murder to voluntary manslaughter; might not work if there’s enough time to cool down
Transferred provocation applies (D misidentified provoker or killed the wrong person)
Can be reduced from murder if D started altercation or unreasonably believed in needing deadly force
Involuntary Manslaughter
Unintentional homicide committed with criminal negligence or during an unlawful act
Criminal Negligence
Grossly negligent action (or inaction with a duty to act) that puts another at significant risk of serious injury or death
Unlawful Act for Involuntary Manslaughter
Malum in Se misdemeanor (assault, battery) OR
Felony that isn’t a first-degree felony murder or second-degree murder
Larceny
- Trespassory
- Taking and
- Carrying away
- Of the personal property
- Of another
- With the specific intent to permanently deprive the owner of the property
Larceny by Trick
- Larceny
- Accomplished by fraud or deceit
- That results in the conversion of the property of another
Forgery
- Making;
- Of a false writing;
- With apparent legal significance; and
- With the intent to defraud
Embezzlement
- Fraudulent
- Conversion
- Of the property
- Of another
- By a person who is in lawful possession of the property
False Pretenses
- Obtaining title to the property;
- Of another person;
- Through the reliance of that person;
- On a known false representation of a material past or present fact; and
- The representation is made with the intent to defraud
Robbery
- Larceny
- From the person or presence of the victim
- By force or intimidation
Extortion
The taking of money or property from another by threat
Making the threat (not obtaining the property) is the essence of the crime (majority view)
The threat need not be of immediate harm or physical
Property need not be on the victim or in his presence
Burglary (CL)
- Breaking and;
- Entering;
- Of the dwelling;
- Of another;
- At nighttime;
- With the specific intent to commit a felony therein
Arson
- Malicious
- Burning
- Of the dwelling
- Of another
(MBE not always consistent with this definition)
Possession Offenses
Defendant exercises dominion & control over a prohibited object/substance
No requirement that Defendant knows it’s illegal
Duration: must be long enough to provide Defendant with an opportunity to cease dominion/control
Receipt of Stolen Property
- Receiving control of stolen property;
- Knowledge that it’s stolen; and
- Intent to permanently deprive the owner of the property
Battery
- Unlawful
- Application of force
- To another person
- Causing bodily harm or an offensive touching
Assault (2 Types)
Attempt to Commit a Battery (specific intent)
Intentionally placing another in apprehension of imminent bodily harm (general intent)
Mayhem
Common law felony battery that causes the dismemberment or permanent disfigurement of a person
Kidnapping
- Unlawful
- Confinement of a person
- Coupled with either: (a) the movement or (b) the hiding of that person
False Imprisonment
- Unlawful
- Confinement of a person
- Without consent
Rape
- Unlawful
- Sexual Intercourse
- With a female
- Against her will by force or threat of immediate force
(most modern statutes are gender neutral and replace “force” with lack of consent)
Inchoate Crimes
Solicitation
Conspiracy
Attempt
Merger
A defendant may be tried, but not punished, for:
- Solicitation + completed crime
- Attempt + completed crime
- more than one inchoate offense (MPC)
Conspiracy and attempt do not merge under CL
Solicitation
- Enticing, encouraging, requesting, or commanding another person
- To commit a crime
- With the intent that the other person do so
Renunciation (MPC): voluntary renunciation may be a defense if Defendant thwarts the commission
Conspiracy (CL)
- An agreement
- Between two or more persons (bilateral)
- To accomplish an unlawful purpose
- With the intent to accomplish that purpose
No overt act required
Conspiracy (MPC/Federal/Majority)
Allows for unilateral conspiracies
Requires a lawful or unlawful overt act in furtherance of the conspiracy
MPC doesn’t require overt acts if the conspiratorial crime is a first- or second-degree felony
Pinkerton Rule
A co-conspirator is liable for the conspiracy and the co-conspirators’ substantive crimes committed in furtherance of the conspiracy
Withdrawal from a Conspiracy
Federal/Majority: withdrawal is possible after agreement but before the overt act; Defendant must give notice to co-conspirators or to police
MPC/Minority: possible only if Defendant acts voluntarily to thwart the success of the conspiracy
Attempt
- A substantial step toward the commission of a crime; coupled with
- The specific intent to commit the crime
Factual impossibility: not a defense (legal impossibility is)
Abandonment: not a defense after substantial step taken (CL)
Merges with completed crime
Specific Defenses
Self-Defense Defense of Others Defense of Property Arrest Duress Necessity Consent Entrapment
Self-Defense/Defense of Others
Non-aggressor may use reasonable force against another to prevent immediate unlawful harm to himself or others
Imperfect self defense can reduce murder to voluntary manslaughter
Aggressor may if own non-deadly force was met with deadly force or if they withdrew and told the victim
Duty to Retreat
Majority: no duty to retreat before using nondeadly force, deadly force in home, or anywhere you’re legally allowed to be
Minority: retreat required if safely accomplishable
Defense of Property
Nondeadly force is ok; Deadly force is not ok (unless occupant in a dwelling reasonably believes intruder intends to commit a felony inside)
Can use reasonable steps to protect property but must believe the real property is in immediate danger of unlawful trespass or personal property is in immediate danger of being carried away
Arrest
Police can use reasonable force to make a lawful arrest
Police can use deadly force only if suspect is a threat to officer/third parties
Defendants can use non-deadly force (never deadly) in resisting unlawful arrest
Duress
- Third party’s unlawful threat causing Defendant to reasonably believe the only way to avoid death/serious bodily injury to himself/another is to violate the law; and
- The belief causes Defendant to do so
Not a defense to intentional murder
Necessity
Forces of nature (not human) caused Defendant to commit what would otherwise be a crime
Not a defense if Defendant set the natural forces in motion (e.g., set a fire) or if there’s a reasonably apparent noncriminal alternative
Consent
Not a defense unless it:
- Negates a required element of the crime; or
- Precludes the harm sought to be avoided by the crime
Must be
- Voluntarily and freely given;
- Involve no fraud; and
- Be given by one who is competent to consent
Entrapment
- Crime is induced by a government official/agent; and
2. Defendant was not predisposed to commit the crime
