Misc Flashcards
Jurisdiction
When does a state have jurisdiction over a crime?
Act (constituting element of an offense) was committed in the state
OR
Act outside state caused a result in the state
Two states can have jurisdiction over a crime
Others
* Crime involved neglect of duty imposed by laws of state
* Attempt/conspiracy outside state but act was inside state
* Attempt or conspiracy inside state but offense was outside state
Merger
What is common law rule of merger?
If person’s conduct constitutes both misdemeanor and felony, can be convicted only of felony.
NO merger of crimes in modern law (but see inchoate offenses)
What is the difference between felony and misdemeanor?
Felony: crimes punishable by death or imprisonment for 1+ year
Misdemeanor: other crimes where imprisonment is < 1 year
Actus Reus
What is a physical act (actus reus)?
Voluntary bodily movement
OR
Failure to act where you had legal duty to act
No criminal liability for:
* Involuntary act (act not of your own volition)
* Reflexive/convulsive act (seizure)
* Act while unconscious or asleep (sleepwalking)
Actus Reus
What is omission as an “act”?
(a) There’s legal duty to act
(b) D has knows of legal duty to act
(c) It’s reasonably possible to perform duty
Actus Reus
Can possession (of contraband) be an “act”?
State of mind required?
If D has “control” over item for long enough time to have an opportunity to terminate possession (doesn’t need actual physical control).
State of Mind: Varies (could be awareness of possession of contraband but not of illegality or knowing identity/nature of item)
* D can’t consciously avoid learning what item is
- Multiple people can have possession
- Knowledge can be inferred from combo of suspicion/indifference to truth
Mens Rea
What are specific intent crimes?
Subjective standard
Inchoate Crimes: Solicitation, Conspiracy, Attempt
Against Person: Assault, First Degree (Premeditated) Murder ONLY
Property Crimes: Larceny, Robbery, Burglary, Embezzlement, False Pretenses, Forgery
Attempt: attempt always requires specific intent, even where crime attempted does not (ex. common law murder doesn’t require specific intent to kill, but attempted common law murder requires specific intent to kill)
* If victim survives and there was no specific attempt to kill, would be battery instead of attempted murder
Mens Rea
What crimes require malice and what is it?
Subjective standard
Common law murder + Arson
Malice: reckless disregard of obvious or high risk that a particular harmful result will occur
Mens Rea
What is general intent, and can a jury infer it from the commission of an act?
Subjective standard
D is aware of all factors constituting a crime and that they’re acting in the proscribed way + there’s high likelihood that certain attendant circumstances (pertaining to a crime) exist
* Jury can infer general intent just from the fact that D committed a particular act
- Prosecutor doesn’t need to provide evidence specifically proving general intent
- General intent applies to all other crimes (ex. battery, rape, kidnapping, false imprisonment)
Mens Rea
Describe strict liability
D is guilty from mere fact that they committed the act
No mens rea required - doesn’t require awareness of all factors constituting crime
Ex. Selling alcohol to minors; statutory rape; bigamy
- Defenses that negate state of mind (mistake of fact) CAN’T be used.
- Consent doesn’t matter
Mens Rea
What are the two defenses that can only be used for specific intent crimes?
(1) Voluntary Intoxication
(2) Unreasonable mistake of fact
MPC Mens Rea
What are the four MPC categories of intent?
(MPC gets rid of specific vs. general intent distinction in common law)
(a) Purposely
(b) Knowingly
(c) Recklessly
(d) Negligently
MPC Mens Rea
Describe Purposeful Intent
Subjective standard
Conscious object is to engage in certain conduct or cause a certain result
MPC Mens Rea
Describe Knowing Intent
Subjective standard
Nature of conduct
* Aware that their conduct is of a particular nature / that certain circumstances exist.
* Aware of a high probability that certain circumstances exist or deliberately avoids learning the truth
Result of conduct
* Know that their conduct will necessarily or very likely cause a particular result
MPC Mens Rea
Describe Reckless Intent
Subjective and objective standard
Consciously disregards substantial and unjustifiable risk that circumstances exist or prohibited result will follow –> disregard is a gross deviation from standard of care that reasonable person would exercise
