MEE Rules Criminal Flashcards
C
homicide - CL
Murder is the unlawful killing of a human being with malice afore¬thought, with one of the following states of mind:
* Intent to kill
* Intent to inflict great bodily injury
* Reckless indifference to an unjustifiably high risk to human life or
* Intent to commit a felony
Homicide - minority division
In some jurisdiction divides in first degree (with plan. Premeditated, intent) and second-degree murder- unplanned, intentional killing in the heat (like voluntary manslaughter), third degree- all other, is characterized by recklessness or inattention.
Felony Murder
Any death—even an accidental death—caused in the commission of, or in an attempt to commit, a felony is murder. Malice is implied from the intent to commit the underlying felony. BARRK – Burglary, arson, robbery, rape, kidnapping (other felonies)
Felony Murder limitations on liability:
Limitations on liability:
a) Defense that negates to underlying offense is also a defense to the felony murder.
b) Felony must be distinct from killing itself
c) Death must have been foreseeable
d) Death must have been caused before immediate flight from felony ended
Voluntary Manslaughter elements:
is a killing that would be murder but for the existence of adequate provocation. 1. Provocation sudden and intense passion that would cause a reasonable person to lose control. 2. The defendant was in fact provoked, 3. Not enough time for reasonable person to cool off, 4. Defendant did not cool off.
Involuntary Manslaughter
Killing committed: 1. With criminal negligence (or by recklessness under the MPC) or in some states 2. During the commission of an unlawful act (misdemeanor or felony not included under the felony murder rule.
Co-felon Murder majority view
In the majority of jurisdictions, the robber would not be held guilty of felony murder for a justifiable killing of a co-felon by a police officer.
* Agency theory: Felon liable only if killing committed by felon or agent. (Use this one is hypo is silent about theory)
* Proximate cause theory: felon liable for deaths by anyone other than co-felon
Proximate cause theory:
Felon liable for deaths of innocent victims caused by someone other than co-felon
Personal Crimes
BARKS + F
* Battery
* Assault
* Rape
* Kidnapping
* Statutory Rape
*False Imprisonment
Plus attempts
Larceny - TIP
Larceny – 1. Taking and asportation of property from possession of another person 2. Without consent or with consent obtained by fraud, 3. With intent to steal (permanently deprive).
Larceny by Trick
Larceny by Trick- If the victim is tricked—by a misrepresentation of fact—into giving up mere custody or** possession **of property.
Burglary
Burglary- a breaking (not wide open door) and entry of a dwelling of another at nighttime with the intent to commit a felony in the local.
Embezzlement
Embezzlement- 1. The fraudulent conversion (that is, dealing with the property in a manner incon¬sistent with the arrangement by which defendant has possession), 2. Of personal property of another, 3. By a person in lawful possession of that property.
False Pretenses
False Pretenses- * Obtaining title * To personal property of another * By an intentional false statement of a past or existing fact * With intent to defraud the other.
Robbery
Robbery- 1. Taking of property from another’s presence, 2. By force or threat of force, 3. With intent to steal.
Extortion-
Extortion- obtaining property by means of threats to do harm or to expose information.
Receipt of stolen property
- Receiving possession and control * Of “stolen” personal property * Known to have been obtained in a manner constituting a criminal Offense * By another person * With the intent to permanently deprive the owner of their interest in it.
Forgery-
Forgery- * Making or altering * A writing with apparent legal significance ( not a painting) * So that it is false; that is, representing that it is something that it is not, not merely containing a misrepresentation (for example, a fake warehouse receipt, but not an inaccurate real warehouse receipt) * With intent to defraud (although no one need actually have been defrauded)
for example a check, contract.
Arson
Arson - the malicious (intentional or with reckless disregard of an obvious risk), burning of the dwelling or another.
Solicitation-
Solicitation- consists of asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.
Attempt
Attempt is an act, done with intent to commit a crime, that falls short of completing the crime. Attempt requires (1) specific intent plus (2) an overt act in furtherance of the crime (beyond mere preparation).
defense: Impossibility MPC only: abandonment
Conspiracy CL approach
Common law approach. A conspiracy requires (1) an agreement between two or more persons; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement.
Conspiracy MPC
Requires only one person having general criminal intent - commmon law- reqs. 2 guilty minds
Accomplice in Common law
- Principals in the 1st Degree: persons who engage the criminal act.
- Principals in the 2nd Degree: Persons who aid, advise or encouraged the principal, and were present at the time.
- Accessories before the fact: Persons who assisted or encouraged but were not present.
- Accessories after the fact: Persons who, with knowledge other committed felony, assisted them to escape arrest or punishment.
Accomplice MPC
An accomplice is one who aids, advises, or encourages the princi¬pal in the commission of the crime charged. (1) the intent to assist the principal in the commission of a crime; and (2) the intent that the principal commit the substantive offense.
When withdrawal of accomplice is satisfied?
Withdrawal: B4 the crime becomes unstoppable.
* If encourage the crime, must repudiate the encouragement.
* If aid the crime, must do everything to neutralize any assistance
* Notifying the police or taking other action to prevent crime also sufficient.
termination of conspiracy
- Usually terminates upon completion of the wrongful objective.
Acts and statements of co-conspirators are admissible against a conspirator only if they were done or made in furtherance of the conspiracy.
Defenses for conspiracy
(1) Factual impossibility, and (2) withdrawal CAN’T be a defense.
Withdrawal may be a defense to crimes committed in furtherance of the conspiracy.
Classify general and Specific intent crimes
Malice: Murder and Arson
Specific Intent: Everything else except strict liability. FIAT-First degree murder -Inchoate offenses -Assault with intent to commit a battery -Theft offenses
General Intent – Beyone Knowles Raps fast - Battery, kidnapping, rape and false imprisonment.
Only Specific intent crimes defense (no mens rea) not for general
2 additional defenses for GI
involuntary and voluntary intoxication, reasonable and unreasonable mistake of fact
General Intent crimes defenses
involuntary intoxication and reasonable mistake of fact
Inchoate crimes
Asking – Solicitation
More than Mere prep? Attempt.
Agreeing with another? Conspiracy
Helping another? Accomplice Liability
Merger in Common Law define
At common law, if a person engaged in conduct constituting both a felony and a misdemeanor, they could be convicted only of the felony. The misdemeanor merged into the felony.
Merger in MPC define
Under the M.P.C., a defendant may not be convicted of more than one inchoate crime (that is, attempt, conspiracy, or solicitation) when their conduct was designed to culminate in the commission of the same offense. Conspiracy, however, does not merge with the completed offense
Felony
Punishment by death or imprisonment for more than one year
Actus Rea
Actus rea: Act
(1) Voluntary physical act or, (2) failed to act: legal duty to act, D has knowledge, reasonably possible to perform.
Is D. liable for a police officer murder?
Murder of a police officer (some states) – D must know V is law enforcement officer, and V must be acting in line of duty
Intervening acts in Homicide
shields D from liability if the act is a coincidence or is outside the foreseeable sphere of risk created by D. However, 3rd party’s negligent medical care and the victim’s refusal of medical treatment for religious reasons are both foreseeable risks, so D would be liable.
Causation for Homicide - elements to be criminally liable
(1) Cause in fact: the result would not have occurred BUT FOR D’s conduct
(2) Proximate cause of the V’s death: the result is a natural and probable consequence of the conduct, even if the defendant did not anticipate the precise manner in which the result occurred.
Imperfect self-defense
D was at fault, D unreasonable but honestly believed the necessity of responding with deadly force. Therefore, defense actions does not qualify for self-defense.
It cannot defeat a charge entirely, but it may allow a defendant to reduce the level of the charge and the
Reasonable Mistake of Fact
D lack the state of mind required for the crime. No intent to commit crime. For specific intent, no need to be reasonable mistake. (defense of mistake of fact is irrelevant for strict liability).
Aggravated battery
Punishment as a felony
(1) With a deadly weapon
(2) Resulting in serious bodily harm
(3) Battery of a child, a woman or a police officer
Aggravated assault:
(1) Use of deadly or dangerous weapon
With intent to rape, maim or murder
Battery
Unlawful application of force resulting in: (1) bodily injury, or (2) offensive touching.
Assault
- Attempt to commit a battery
- Intentional creation of reasonable apprehension of imminent bodily harm (other than mere words)
The M.P.C. eliminates the common law distinctions between general and specific intent and adopts the following categories of intent: CRIM K
C – CRIMINALLY negligently-Fail to be aware of substantial and unjustifiable risk
R – RECKLESSLY (a.k.a. wantonly)-Consciously disregard substantial and unjustifiable risk
I – INTENTIONALLY Consciously object to engage in certain conduct or cause certain result
M – MALICIOUSLY - disregard of obvious of high risk that particular harmful result will occur.
K – KNOWINGLY Aware conduct is of particular nature or certain circumstances exist
A CUB can’t be sentenced to death for felony murder:
C – D didn’t COMMIT, command, or request the homicide
U – D was UNARMED with a deadly instrument or substance readily capable of causing death or serious physical injury AND
B – D had no reason to BELIEVE another co-conspirator was armed or intended to engage
in conduct likely to result in death
Self-defense
Self-defense: Nondeadly force – reasonable believes is necessary to protect themselves from imminent use of unlawful force.
Rule for deadly force – (1) without fault, (2) confronted with unlawful force, (3) reasonably believes they are threatened with imminent death or great bodily harm.
HIS negates a murderous intent:
H – Committed in the HEAT of passion (HOP) or under extreme emotional disturbance
I – INSANITY or infancy of killer
S – SELF-DEFENSE or defense of others/justification
Strict liability crimes - BSS
Bigamy
Statutory Rape
Selling Liquor to minors
Minimised C raise criminal defenses:
M –MISTAKE of Fact – unreasonable mistake of fact specific intent crimes, if other crimes only reasonable mistakes
I – INSANITY
N – NECESSITY a.k.a. Choice of Evils Defense
I-Infancy
M-Mistake of Law
I- intoxication – (voluntary intoxication on SI)
S – SELF-DEFENSE/justification (ordinary defense in NY, affirmative defense in MBE)
E – ENTRAPMENT
D – DURESS
C – Consent
Retroactive criminal laws are prohibited by a PIED piper:
P – The law made PAST conduct a crime, which, at the time it occurred, was not a crime
I – The law INCREASED the punishment for a past crime
E – The law altered the rules of EVIDENCE after the crime was committed by requiring less evidence for a conviction
D – The law eliminated DEFENSES that were available on the date the crime was committed
In asserting justification, D can RAT on the violent victim by presenting evidence of the victim’s violent:
R – REPUTATION
A – Violent ACTS
T – THREATS of violence against D
Transferred intent:
Transferred intent: D intended harm to a different victim/object. They may be held liable for intending to commit a crime.
Applies ONLY to homicide, battery and arson.
The doctrine of transferred intent does not apply to attempt crimes.
Kidnapping
Unlawful confinement of a person, involving (1) some movement, (2) concealment of V in a secret place.
Aggravated kidnapping:
(1) Ransom
(2) Purpose of committing other crimes
(3) Offensive purposes
(4) Child stealing (consent of child is invalid. No capable of giving consent)
False Imprisonment
Unlawful confinement of a person without valid consent. (MPC – Must interfere substantially with V´s liberty.)
Insanity 4 rules
- M’Naghten Rule (right-wrong test): D is entitled to acquittal if: (1) a disease of the mind; (2) caused a defect of reason; (3) such that D lacked the ability at the time of their actions if wrong.
- Irresistible Impulse Test: D. unable to control their actions or conform their conduct to the law.
- Durham Test: Crime was the product of their mental illness.
- MPC Test: D is entitled to acquittal if: they lacked the substantial capacity to either: (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of law.
Infancy
No criminal liability, under 7.
Rebuttable presumption child unable to understand wrongfulness to of acts, Ages 7 to 14.
Age 14 and older, treated as an adult.
Intoxication
Any substances.
* Voluntary intoxication: Defense to specific intent crimes. (In 1st degree murder, it reduces the crime to a 2nd degree, reckless.)
* Involuntary intoxication: Treated same as insanity. Is a defense to all crimes.
Defense to Property
Never deadly force. Only non-deadly force if to defend one’s possession if believe to be unlawful interference
To regain property, only non-deadly force if in immediate pursuit.
Duress
other than intentional homicide, D reasonably believed another person would imminently inflict death or great bodily harm if D did not commit crime. (Harm of a 3rd person also suffice).
Necessity
To avoid imminent and greater injury to society.
Defense to other
Majority view – if D reasonably believes person has right to use force in own defense.
Minority view requires a special relationship (familial)
“Malice aforethought”
Define
“Malice aforethought” can mean that the defendant is acting with reckless indifference to an unjustifiably high risk to human life
Mens rea - Mental state on MPC
(1) Purposely: Consciously object to engage in certain conduct
(2) Knowingly: Aware conduct is of particular nature.
(3) Recklessly: Consciously disregard substantial and unjustifiable risk
(4) Negligently: Fail to be aware of substantial risk
Accomplice Liability - Modern rule
An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extent as the principal, as long as the other crimes were probable or foreseeable.
First degree murder
Deliberate (conscious of intent) and premeditated
Second degree murder
Reckless disregard to unjustifiably high risk to human life
Duty to retreat ( minority rule)
Duty to retreat when using deadly force, unless: (a) the attack occurs in the victim’s own home, (b) the attack occurs while the victim is making a lawful arrest, (3) the assailant is in the process of robbing the victim
defense of a crime, defendant must prove:
burden
under the burden of persuasion
Justifiable murder
explain
Most courts today would not allow the defendant to be convicted on a felony murder theory when a co-felon is killed by a third party during the crime. Some courts base this result on the fact that the person who did the killing was justified in doing so.
