PA Criminal Law and Procedure Flashcards
Pennsylvania criminal law is based on…
statute. NO common law!
Statutory offenses. Statutory defenses.
Actus Reus
a voluntary physical act or failure to act
Mens Rea in Pennsylvania follows
the Model Pendal Code approach
Enterprise Liability
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.
Accomplice
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
Insanity defense
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
M’Naughten test
Insanity test used in PA
Because of mental disease, accused did not understand nature of the act or the wrongfulness of the act.
Diminished Capacity defense
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
Voluntary Intoxication
Not a defense in PA
Can reduce first-degree murder to third degree murder
Types of offenses in PA
Summary - maximum of 90 days in jail
Misdemeanor - maximum of 5 years in jail
Felony - over 5 years in jail
First-degree murder
intentional killing that is willful, knowing, and premeditated
Second-degree murder
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.
Inconsistent Verdicts
Tolerable in PA.
Principal need not be convicted to convict accomplice.
Underlying felony need not be convicted for second-degree murder.
Third-degree murder
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
malice
act consciously disregarded the unjustified and extremely high risk that the actions might cause death or serious injury
Voluntary manslaughter
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.
Involuntary manslaughter
death as a direct result of a reckless or grossly negligent act
Heat of Passion
heat of passion is sudden and intense passion from a serious provocation. Must kill or attempt to kill the provocator.
Mistaken justification
accused believed killing was justified but mistaken
Theft
intentionally taking property that does not belong to you with the intent to deprive the lawful owner
Forgery
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)
Robbery
taking property from another by force, however slight OR inflicting bodily injury or threatening bodily injury in the course of a theft
Burglary
entering an occupied structure with the intent to commit a crime unless structure open to the public or abandoned
Criminal Trespass
a person enters or remains in an occupied building without a license to do so.
Defense - open to public, abandoned, permission
Simple Assault
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.
Aggravated Assault
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
Serious bodily injury
an act which causes a substantial risk of death, serious disfigurement, loss of body part
Reckless Endangerment of Another Person
Placing another in fear of death or serious bodily injury
Terroristic Threats
Communicating a threat of violence with the intent to terrorize others or cause serious bodily injury
Rape
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.
Consensual sex with a child
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
Involuntary Deviant Sexual Intercourse
IDSI = rape where sex is oral or anal
Kidnapping
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
Arson
starting a fire or causing an explosion
Solicitation
intentionally invite another to commit a crime
Defense: renunciation allowed if voluntary and active
Conspiracy
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.
Attempt
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
Self-Defense
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
Jury Right for criminal trial
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.
Jury size for criminal trial
12 person jury, unanimous decision
Automobile Exception to Warrants
No greater protection than the 4th Amendment.
