Outlines w/ deff- Crim Flashcards
Murder
4 ways
Never infer specific intent to kill murder
1. Intent to kill
a. I wanna kill him and I kill him.
b. Specific intent
2. Intent to inflict serious bodily harm.
I didn’t wanna kill him I just wanted to injure him
b. No specific intent to kill
3. Felony murder
While in the course of committing a dangerous felony a death occurs
b. Dangerous felonies (BARRK)
i. Burglary
ii. Arson
iii. Rape
iv. Robbery
v. Kidnapping
4. Depraved heart
Reckless disregard for human life and someone died
a. Reckless you knew or should have known that a death could occur but you did it anyway.
Manslaughter
2 Ways
- “Voluntary”
Voluntary - HAN
a. Adequate provocation which put you in the heat of passion and you had no time to cool off (you snapped). Something provoked you
i. Adequate provocation
ii. Heat of passion
iii. No time to cool off
b. Ie: You come home spouse in bed with someone else
- “Involuntary”
Negligent conduct causing a death.
ACS
“Attempt”
Crime all by itself
1. Have the intent to commit the crime
2. Take an overt act (substantial step) towards completing the crime
“Conspiracy”
1.Two or more people
2.Specific intent to commit crime
3.Agreement
-Under MPC unilateral theory: only 1 person on their own has to come to an agreement by themselves with the specific intent to commit a crime and then they will be guilty of conspiracy
AKA: only one person has to agree
“Solicitation”
You encourage, urge, entice another to commit a crime. You egg them on
You have the intent that the crime should be completed. I want you to go rob the bank.
Larceny
1.Trespassory taking
2. Carrying away
3. Personal property of another
4. With the intent to permanently deprive
Kidnapping
Unlawful restraint of a person freedom by force
Rape
CL
1. Unlawful sexual intercourse
2. By a male with a female
3. Without consent
*Usually tested via statue
Arson
Malicious burning of the dwelling house of another.
o Malicious means: reckless. You knew or should have known that the dwelling could burn down.
o Malicious = reckless
If I burn my own house down for the insurance money at CL: not guilty arson because that’s not the dwelling of another.
Modern trend only needs to be a structure.
Burglary
Breaking and entering
Dwelling of another
At nighttime
With the intent to commit a felony
a. Intent must be present at the time of the breaking
b. Felony does NOT have to be actually committed
Defenses- Crim law
Duress
Reasonably believe that I an under threat of great bodily harm or death.
EXCEPTION
It is never a defense to murder.
Self Defense
If you are in reasonable belief that someone is going to hurt you then you can defend yourself with the same amount of force that is about to happen to you
Deadly force only allowed for deadly force.
Defense of others
Same defense and elements as self defense.
1. Reasonable belief that a 3rd party is in imminent danger
2. Return the same level of force
Defense of property
You can use reasonable force to defend your property.
Can never use deadly force unless you have a fear of being killed.
Factual Impossibility
Is never a defense. Because even thought the facts were not what I thought, I still committed the crime. I technically did it.
The elements were met
Legal Impossibility
always a defense
The elements were not met
because it was legally impossible for me to commit the crime.
Mistake
Specific intent crime- any mistake will be a defense weather the mistake was reasonable or unreasonable.
*Because mistake negates the element of intent
o General intent- mistake has to be reasonable
Voluntary Intoxication
You went out and go drunk
- It’s a defense to specific intent crimes
Involuntary intoxication
You were given something, someone put something in your drink without your consent, knowledge.
o This will be a defense to all crimes.
Entrapment
1.Law enforcement creates criminal activity
- Defendant not predisposed to commit crime
