Themis Crim Law Final Outline

Question 1

Actus reus

Answer 1

(i) a voluntary, affirmative act, or (ii) an omission (failure to act), causing a criminally proscribed result.

1. Voluntary act
   - Physical and voluntary
   - Unconscious/asleep/under hypnosis–not voluntary
2. Failure to act when a duty exists
   - Imposed by statute
   -Contract
   -Special relationship
   -Detrimental undertaking
   -Causation

Question 2

Mens rea

Answer 2

A guilty mind or legally proscribed mental state (NO MENS REA FOR STRICT-LIABILITY CRIMES I.E. RAPE, SELLING ALCOHOL TO MINORS, TRAFFIC OFFENSES, POSSESSION)

Question 3

Specific Intent Crimes –

Answer 3

The defendant has a subjective desire, specific objective or knowledge to accomplish prohibited result (FIAT)
-First degree murder
-Inchoate crimes
-Assault with the intent to commit battery
-Theft offenses

Question 4

Malice crimes (CL murder, arson)

Answer 4

Reckless disregard of a high risk of harm
Does not require D to act with ill will toward victim

Question 5

What do General-intent crimes (battery, rape, kidnapping, false imprisonment) require?

Answer 5

-Require the intent to perform an unlawful act
-INTENT–purposefuly, knowingly, recklessly, or negligently
-Transferred intent
–When D acts with intent to cause harm to one person or object and that act directly results in harm to another person or object
–Applies to only “bad aim” cases
–Usually confined to homicide, battery, and arson
–Not for attempted crimes
–MPC–transferred intent not specifically recognized, but liability is recognized when purposely, knowingly, recklessly, or negligently causing a particular result is an element of an offense.

Question 6

MPC

Answer 6

PURPOSELY, KNOWINGLY, RECKLESSLY, NEGLIGENTLY

Question 7

Insanity M’Naghten

Answer 7

D did not know either the (i) nature and quality of the act, or the wrongfulness of the act, because of a defect of reason due to mental disease.

Question 8

Voluntary intoxication

Answer 8

Choosing to get intoxicated, don’t intend to get intoxicated, defense for SI crimes if it blocks required intent. MPC: Defense for purposely or knowingly crimes if it blocks those mental states.

Question 9

Involuntary intoxication:

Answer 9

Taken w/o knowledge of intoxicating nature, or under duress; a defense when intoxication negates an element of GI, SI, or malice crime; may be a defense to strict liability crime by negating the voluntary act.

Question 10

Murder

Answer 10

the unlawful killing of another living human being with malice aforethought.

Question 11

Malice

Answer 11

can be shown by: Intent to kill, intent to do serious bodily injury, reckless indifference to human life, intent to commit a felony

Question 12

Felony murder rule (FMR)

Answer 12

Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony

BARRK

must establish the underlying felony and that D committed that felony

D is not liable for co-felon’s death by a victim or police officer.

Question 13

Agency theory (majority position) Felony murder rule

Answer 13

—D is not liable for a bystander’s death caused by a
felony victim or police officer

Question 14

FMR Proximate cause theory (minority position)

Answer 14

—a bystander’s death falls under FMR
because the death is a direct consequence of the felony

Question 15

Statutory murder FIRST-DEGREE

Answer 15

1. Deliberate and premeditated murder; or
   o After forming the intent to kill, D had time for reflection
   o Specific-intent crime (specific-intent defenses are available to D)
2. Felony murder

Question 16

Second-degree murder (malice crime)—

Answer 16

committed with the necessary malicious intent (commonlaw murder), or the default category if not first-degree murder

Question 17

Voluntary manslaughter

Answer 17

Homicide committed with malice aforethought, but also with mitigating circumstances.
1. HEAT OF PASSION
2. IMPERFECT DEFENSE
-Many states reduce murder to voluntary manslaughter if D started the altercation or unreasonably believed in the necessity of using deadly force.

Question 18

Involuntary manslaughter

Answer 18

An unintentional homicide committed with criminal negligence or during an unlawful act
1. Criminal negligence–grossly negligent action (or inaction when there is a duty to act) that puts another person at a SIGNIFICANT RISK OF SERIOUS INJURY OR DEATH
2. Unlawful act–a killing committed during the commission of:
- A malum in se misdemeanor, or
- A felony that is not treated as a first-degree felony murder or second-degree murder

Question 19

Larceny

Answer 19

Trespassory
Taking and;
carrying way;
of the personal property;
of another;
with the specific intent to permanently deprive the owner of the property.

Question 20

Larceny by trick

Answer 20

Larceny;
Accomplished by fraud or deceit;
That results in the conversion of the property of another.

Question 21

Forgery

Answer 21

Marking;
of a false writing;
with apparent legal significance;
and with the intent to defraud

Question 22

Embezzlement

Answer 22

Fraudulent;
conversion;
of the property;
of another
by a person who is in lawful possession of the property

Question 23

False pretenses

Answer 23

obtaining title to the property;
of another person
through the reliance of that person
on a known false rep of a material past or present fact;
and the rep is made with the intent to defraud

Ex: This scenario illustrates the elements of false pretenses: obtaining title to the property of another person (the painting), through the reliance of that person (Paul) on a known false representation (Jane’s false claims of being an art historian), with the intent to defraud (Jane’s plan to resell the painting for profit).

Question 24

Robbery

Answer 24

Larceny;
From the person or presence of the victim;
By force or intimidation

Question 25

Extortion

Answer 25

The taking of money or property from another by threat
Making the threat (not obtaining the property) is the essence of the crime (majority view)
The threat need not be of immediate harm or of phyiscal nature
The property need not be on the victim or in his presence

Ex: Coercing someone into giving up property or money through fear or intimidation. Using blackmail to obtain something of value from someone by threatening to reveal damaging information about them.

Question 26

Burglary (common law)

Answer 26

Breaking and entering
of the dwelling
of another
at nighttime
with the specific intent to commit a felony therein

Question 27

Arson - common law

Answer 27

Malicious
burning
of the dwelling
of another

(MPC) includes any intentional fire/explosion intended to destroy a building or occupied structure, or destroying/damaging property to collect insurance

Question 28

Possession offenses

Answer 28

D exercises dominion and control over a prohibited object or substance
D is not required to be aware that possession of the object is illegal
Duration of possession–must be for a period long enough to have provided D with an opportunity to cease such dominion and control

Question 29

Receipt of stolen property

Answer 29

Receiving control of stolen property; knowledge that the property is stolen; and intent to permnanetly deprive the owner of the property.

Question 30

Battery

Answer 30

Battery
* Unlawful;
* Application of force;
* To another person;
* That causes bodily harm to that person or constitutes an offensive touching.

Question 31

Assault

Answer 31

• An attempt to commit a battery; or
• Intentionally placing another in apprehension of imminent bodily harm.

Question 32

Mayhem

Answer 32

Mayhem—a common-law felony battery that causes the dismemberment or permanent
disfigurement of a person

Question 33

Kidnapping

Answer 33

• Unlawful;
• Confinement of a person;
• Against that person’s will;
• Coupled with either:
  o The movement; or
  o. The hiding of that person.

Question 34

False imprisonment

Answer 34

Unlawful
Confinement of a person
Without consent

Question 35

Rape

Answer 35

Unlawful
Sexual intercourse
with a female
against her will by force or threat of immediate force.
(Most modern statutes are gender-neutral and have replaced the force requirement
with lack of consent.); the required intent is negated if D reasonably believes that the
victim’s lack of resistance indicates consent

Question 36

Merger—D may be tried, but not punished, for (i) solicitation and the completed crime; (ii)
attempt and the completed crime; (iii) under the MPC, more than one inchoate offense (but
conspiracy and attempt do not merge under the CL)

Answer 36

Merger—D may be tried, but not punished, for (i) solicitation and the completed crime; (ii)
attempt and the completed crime; (iii) under the MPC, more than one inchoate offense (but
conspiracy and attempt do not merge under the CL)

Question 37

Solicitation

Answer 37

1. Enticing, encouraging, requesting, or commanding another person;
2. To commit a crime;
3. With the intent that the other person commits the crime.
4. Renunciation (MPC)—voluntary renunciation may be a defense if D thwarts the
   commission of the solicited crime

Question 38

Conspiracy

Answer 38

1. An agreement;
2. Between two or more persons;
3. To accomplish an unlawful purpose;
4. With the intent to accomplish that purpose
5. Unilateral conspiracy—may be formed when only one party actually agrees (majority and
   MPC; not recognized under common or federal law)
6. Overt act
   —* Common law—no overt act required
   * Majority/federal law/MPC
   o Require a lawful or unlawful overt act in furtherance of the conspiracy, but
   o MPC does not require an overt act if the conspiratorial crime is a first- or seconddegree felony
7. Scope–a conspirator is liable for conspiracy and the co-conspirators’ substantive crimes
   committed in furtherance of the conspiracy (Pinkerton Rule)
8. Liability for conspiracy
   o Federal/majority rule—withdrawal is possible after the agreement and before the
   commission of an overt act, but D must give notice to co-conspirators or give timely
   notice to police
   o MPC/minority rule—subsequent withdrawal is possible only if D acts voluntarily to
   “thwart the success” of the conspiracy
   * Liability for substantive crimes—for this purpose, D may withdraw by giving notice to
   his co-conspirators or timely advising legal authorities of the existence of the
   conspiracy even though such an action does not thwart the conspiracy

Question 39

Attempt

Answer 39

1. A substantial step toward commission of crime (beyond mere preparation); coupled with
2. The specific intent to commit the crime.
3. Factual impossibility—not a defense (legal impossibility is a defense)
4. Abandonment—not a defense after completion of actus reus (substantial step or
   dangerous proximity)
5. If the crime is completed, the attempt merges into the completed crime (D may be charged
   with both, but may be convicted of only one)

Question 40

Defense ENTRAPMENT

Answer 40

• The crime is induced by a government official or agent; and
• D was not predisposed to commit the crime.

Question 41

Consent DEFENSE

Answer 41

Consent
* Not a defense unless it:
o Negates a required element of the crime, or
o Precludes the harm sought to be avoided by the crime.
* Consent must be:
o Voluntarily and freely given;
o Involve no fraud; and
o Be given by one who is competent to consent.

Question 42

Mistake of fact

Answer 42

Mistake of fact
* A viable defense, if the mistake is a reasonable one
o Consider D’s physical characteristics, experiences, and knowledge
* An unreasonable mistake is only a defense to specific-intent crimes

Question 43

What is malice aforethought?

Answer 43

“Malice aforethought” includes the following mental states: intent to kill, intent to inflict serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), or intent to commit certain felonies (felony murder).