MBE Criminal Law - General & Crimes Against Persons Flashcards
Void-for-Vagueness Doctrine
(1) crimes definition must give fair and adequate notice of what is a crime
(2) arbitrary and discriminatory enforcement must be avoided
Actus Reus
-a voluntary act; not convulsions and reflex actions
-Omissions: failure to act is not sufficient unless LEGAL DUTY is imposed: (1) by statute; (2) by contract; (3) by a special relationship (parent-child, etc.); (4) by creation of the peril; (5) by voluntary assumption of duty to act.
+ D is aware of facts giving rise to duty
Common Law mens rea
(1) Specific Intent: intent to commit act + intent to commit crime (1st degree murder, larceny, burglary, all attempt crimes)
(2) Malice: intentional or reckless disregard of an obvious or known risk (murder, arson)
(3) General Intent: intent to commit act, but not necessarily intent to commit any crime (rape)
(4) Strict Liability: no mens rea required (statutory rape, bigamy)
Model Penal Code (MPC) mens rea
(1) Purpose: actual desire to commit crime, or with intent
(2) Knowledge: awareness
(3) Recklessness: conscious disregard of a substantial and unjustifiable risk; wantonly
(4) Criminal Negligence: Gross negligence; failure to be aware of a substantial and unjustifiable risk
(5) Strict Liability: no mens rea required
Transferred Intent
if D had required intent as to one victim, this mens rea is proven as to any other victim. (recognized in MD except as to attempted murder of bystander - which is concurrent intent)
- -Exception: no transferred intent for attempt.
- -MD: concurrent intent - if D shoots multiple bullets at one victim who D intends to kill, D may be guilty of attempted murder of another person in “kill zone”
Requirements for Crimes
- actus reus + mens rea
- both must exist at the same time
Solicitation
AR: inducing, urging, commanding another to commit a felony
MR: purpose/specific intent. Actual desire for other person to commit a felony.
(1) D’s change of mind is not a defense, crime is complete once solicitation is made
(2) Impossibility is not a defense
(3) protected class exception applies
(4) merges with completed crime and conspiracy. Cannot be guilty of solicitation and other crimes
Conspiracy
AR: (1) agreement between 2 or more persons (2) to accomplish a criminal or unlawful purpose, or accomplish a lawful purpose by unlawful means. (Agreement need not be express)
MR: specific intent, purpose. The purpose of agreement is to achieve objective.
(1) Conspiracy to commit strict liability crimes requires specific intent (purpose of committing crime)
(2) Does not merge with substantive crime.
(3) Knowledge of all conspirators is not necessary
(4) All conspirators are guilty of substantive crimes committed by other conspirators if in furtherance of conspiracy + foreseeable
(5) Withdrawal: conspirator can limit liability for subsequent crimes by notifying other members in time for them to abandon plans.
(6) protected class exception applies
(7) Wharton Rule: if by definition the substantive crime req. 2 persons, there is no conspiracy unless additional persons are part of agreement.
(8) Impossibility is not a defense
MD: no overt act required
Attempt
AR: An act beyond mere preparation
–CL Proximity Test: whether D came dangerously close to completing the crime
–MPC Substantial Step Approach: (MD) whether D made a substantial step to completing the crime.
MR: specific intent, purpose.
(1) Impossibility is not a defense
(2) Abandonment: once D has, with required MR, performed required act beyond preparation, D’s abandonment is not a defense (MD rule)
–MPC accepts abandonment defense if it is voluntary. (i.e.: not the result of fear of being caught or difficulty in completion)
Criminal Battery
AR: (1) unlawful application of force (2) resulting in bodily injury or offensive touching
MR: general intent, knowledge. D must intend touching, not necessarily to commit crime
(1) Consent is a valid defense (sports, medical operations)
MD: 1st degree requires (1) use of firearm; or (2) causing or attempting to cause death or serious bodily injury. Otherwise 2nd degree
Criminal Assault
AR: (a) attempted battery OR (b)(1) intentional creation (2) of reasonable apprehension of imminent bodily harm (3) other than by mere words.
–MD: also includes common law tort of battery (battery does not merge with assault?)
MR: specific intent
Homicide (Actus Reus)
AR: [unlawful] killing of [another] human being
- death is defined as (1) irreversible cessation of circulation and respiration; OR (2) irreversible cessation of all brain functions
- death must be natural and probable consequence of the act
- victim must be “born alive” if death results form prenatal injury; otherwise > feticide
- MD: homicide if D attacks pregnant woman with intent to kill unborn baby
Common Law Murder Mens Rea
requires malice which is proven by showing:
(1) intent to kill
(2) intent to inflict great bodily harm
(3) reckless indifference to unjustifiably high risk to human life
(4) homicide during commission of a felony
- -Manslaughter: homicide without malice
Felony Murder
(a) Felony must be inherently dangerous (rape, kidnapping, robbery)
- –MD: Mayhem, Rape, Sodomy, Burglary, Arson, Kidnapping, Escape, Robbery/Carjacking
(b) Felony must be independent of killing
- –MD: aggravated assault can lead to felony murder
(c) Timing: Homicide must be during commission of felony, which includes escape.
- –felony complete when felon reaches place of safety (objective test)
- –Not felony murder if felony occurs after and independently of homicide. (ex: A kills B, then A notices B’s $$ watch and steals it)
(d) Assumption of Third Party Killing: not guilty of felony murder if police or victim did killing.
- –MD: hostage/human shield exception
- –victim must be innocent person (not another felon)
(e) Must be guilty of felony to be guilty of felony murder
First Degree Murder
Always based on statute.
-Murder by (1) poison, (2) torture, (3) lying in wait, (4) felony-murder, (5) premeditated and deliberate murder
—premeditated: decision to kill made in cold and dispassionate manner
—deliberation: D must reflect on decision to kill for “some appreciable period”
MD: (1) poison, (2) lying in wait, (3) premeditated and deliberate, (4) MRS BAKER felony murder
