PA Criminal Law and Procedure

Question 1

Pennsylvania criminal law is based on…

Answer 1

statute. NO common law!

Statutory offenses. Statutory defenses.

Question 2

Actus Reus

Answer 2

a voluntary physical act or failure to act

Question 3

Mens Rea in Pennsylvania follows

Answer 3

the Model Pendal Code approach

Question 4

Enterprise Liability

Answer 4

Corporations can be charged with crimes when the commission of the crime is performed, authorized, or recklessly tolerated by the Board of Directors or a high-management agent acting within their scope of employment.

Question 5

Accomplice

Answer 5

mens rea: person intends to assist or commit the offense
actus reus: solicit another; aid in planning/commission of the offense; act with sufficient intent for commission of crime and causing an innocent person to commit the crime
withdrawal: possible, voluntary and give warning or thwart offense
principal: NOT required to be tried/convicted for accomplish to be convicted

Question 6

Insanity defense

Answer 6

PA follows M’Naughten rule test.
Burden of proof on defendant by a preponderance of the evidence.
NOT a complete defense–guilty but mentally ill

Question 7

M’Naughten test

Answer 7

Insanity test used in PA

Because of mental disease, accused did not understand nature of the act or the wrongfulness of the act.

Question 8

Diminished Capacity defense

Answer 8

Applies only for murder.
Defendant has mental disease that reduces capacity to understand nature or wrongfulness of the act
NOT a complete defense - reduces first degree murder to third degree murder

Question 9

Voluntary Intoxication

Answer 9

Not a defense in PA

Can reduce first-degree murder to third degree murder

Question 10

Types of offenses in PA

Answer 10

Summary - maximum of 90 days in jail
Misdemeanor - maximum of 5 years in jail
Felony - over 5 years in jail

Question 11

First-degree murder

Answer 11

intentional killing that is willful, knowing, and premeditated

Question 12

Second-degree murder

Answer 12

the killing of another during the commission of a serious felony by the principal or an accomplice
(BARRKD felony - burglary, arson, rape, robbery, kidnapping, and deviant sexual intercourse)
Commission includes attempt and flight after.
NO intent to kill!
No conviction on felony is required.

Question 13

Inconsistent Verdicts

Answer 13

Tolerable in PA.
Principal need not be convicted to convict accomplice.
Underlying felony need not be convicted for second-degree murder.

Question 14

Third-degree murder

Answer 14

the killing of another by intentional act with malice
Malice - act consciously disregarded an unjustified and extremely high risk the actions might cause death or serious injury

Question 15

malice

Answer 15

act consciously disregarded the unjustified and extremely high risk that the actions might cause death or serious injury

Question 16

Voluntary manslaughter

Answer 16

killing of another while in the heat of passion OR
mistaken justification

heat of passion is sudden and intense passion from a serious provocation. Must kill or attempt to kill the provocator.

Question 17

Involuntary manslaughter

Answer 17

death as a direct result of a reckless or grossly negligent act

Question 18

Heat of Passion

Answer 18

heat of passion is sudden and intense passion from a serious provocation. Must kill or attempt to kill the provocator.

Question 19

Mistaken justification

Answer 19

accused believed killing was justified but mistaken

Question 20

Theft

Answer 20

intentionally taking property that does not belong to you with the intent to deprive the lawful owner

Question 21

Forgery

Answer 21

intentionally defrauding another by altering any writing of another without authority; creation of a writing purporting to be another’s work without permission; or knowingly uttering a writing.
Uttering (presenting for payment)

Question 22

Robbery

Answer 22

taking property from another by force, however slight OR inflicting bodily injury or threatening bodily injury in the course of a theft

Question 23

Burglary

Answer 23

entering an occupied structure with the intent to commit a crime unless structure open to the public or abandoned

Question 24

Criminal Trespass

Answer 24

a person enters or remains in an occupied building without a license to do so.

Defense - open to public, abandoned, permission

Question 25

Simple Assault

Answer 25

Attempting to cause bodily injury; or
Intentionally, knowingly, or recklessly causing bodily injury; or
negligently causing bodily injury with a deadly weapon; or attempting to put another in fear of bodily injury
Misdemeanor.

Question 26

Aggravated Assault

Answer 26

Attempting to cause serious bodily injury; or
Intentionally, knowingly, or recklessly causing serious bodily injury while manifesting extreme indifference to the value of human life.

Serious bodily injury = substantial risk of death, serious disfigurement, loss of body part

Question 27

Serious bodily injury

Answer 27

an act which causes a substantial risk of death, serious disfigurement, loss of body part

Question 28

Reckless Endangerment of Another Person

Answer 28

Placing another in fear of death or serious bodily injury

Question 29

Terroristic Threats

Answer 29

Communicating a threat of violence with the intent to terrorize others or cause serious bodily injury

Question 30

Rape

Answer 30

Engaging in SEXUAL INTERCOURSE 
with forcible compulsion, 
with a person who is unconscious, 
with a person who is unaware that intercourse is occurring, when the actor has impaired the other person's self-control, with a mentally disabled person, or
with a person under the age of 13.

Question 31

Consensual sex with a child

Answer 31

Consensual sexual intercourse with a person under 16 who is not their spouse
Age difference between 4 and 11 years - second-degree felony
Age difference over 11 years - first-degree felony

Question 32

Involuntary Deviant Sexual Intercourse

Answer 32

IDSI = rape where sex is oral or anal

Question 33

Kidnapping

Answer 33

unlawful removal of another a substantial distance under the circumstances or unlawful confinement of another for a substantial period of time with intent to terrorize victim, hold victim for ransom, or to facilitate the commission of a crime

Question 34

Arson

Answer 34

starting a fire or causing an explosion

Question 35

Solicitation

Answer 35

intentionally invite another to commit a crime

Defense: renunciation allowed if voluntary and active

Question 36

Conspiracy

Answer 36

agree with another to commit a crime and an overt act occurs in the futherance of a crime.

Overt act done by any co-conspirator.
Feigned agreement is allowed (when cop is co-conspirator)
Withdrawal allowed: must stop the success of the crime after renunciation.

Question 37

Attempt

Answer 37

person takes a substantial step toward the commission of a crime with intent to commit crime

Abandonment allowed: voluntarily taking steps to prevent the crime

Question 38

Self-Defense

Answer 38

deadly force allowed when reasonably believe deadly force will be used against him

Duty to retreat only when KNOWS can safely retreat
No duty to retreat from home or workplace.
Right to stand your ground anywhere when not engaged in criminal act, not in illegal possession of firearm, believe force necessary, or target of force displays a deadly weapon

Question 39

Jury Right for criminal trial

Answer 39

right to jury if sentence can be greater than 6 months or an in rem forfeiture is possible.
Both prosecutor and defendant have right to demand jury. Both must waive right to a jury for a bench trial.

Question 40

Jury size for criminal trial

Answer 40

12 person jury, unanimous decision

Question 41

Automobile Exception to Warrants

Answer 41

No greater protection than the 4th Amendment.