003 Tn Criminal Law Essay

Front 1

$ TN mental state requirements

Back 1

1. Intentional
2. Knowing
3. Reckless
4. Negligent

-if no mental state set forth in statute, recklessness is sufficient

-can always prove lesser mental state by proving a higher one

Front 2

$ TN mental state requirements--Intentional

Back 2

conscious object to engage in certain conduct or cause a certain result
"intent to kill"

Front 3

$ TN mental state requirements-Knowing

Back 3

Actor is aware that his or her conduct is of a certain nature or that circumstances exist;
AND
his or her conduct is reasonably certain to cause the result.

Front 4

$ TN mental state requirements--Reckless

Back 4

Consciously disregards a substantial and unjustifiable risk; that disregard constitutes a gross deviation from the standard of care.

Front 5

$ TN mental state requirements--Negligent

Back 5

Failure to perceive a substantial and unjustified risk; failure constitutes a gross deviation from the standard of care.

Front 6

$ First Degree Murder

Back 6

1. Premeditated and intentional killing of another

2. killing of another while committing a dangerous felony
-e.g. rape, aggravated arson, kidnapping, robbery, burglary

3. Death resulting from a bomb or destructive device (rock is not a destructive device)

Front 7

$ Second Degree Murder

Back 7

1. Knowing killing of another (shooting in to a crowd)

$ 2. Death resulting from unlawful distribution of illegal drugs f the drugs cause the death.

Front 8

$ VM

Back 8

killing in the heat of passion with sufficient provocation to cause a reasonable person to behave in an irrational manner

-cooling off period may negate the "heat of passion"

Front 9

Reckless Homicide

Back 9

same as involuntary manslaughter.

-reckless killing of another

Front 10

Criminally Negligent Homicide

Back 10

-person is negligent and a death results

Front 11

Vehicular homicide

Back 11

1. Death resulting from operation of car while drunk or intoxicated
2. death resulting from reckless operation of car.
-i.e. passing semi on double yellow line

Front 12

$ Assault

Back 12

No battery bc battery=assault.
if between husband and wife=domestic assault.

1. person intentionally, knowingly or recklessly causes physical harm

2. person intentionally or knowingly creates reasonable fear of bodily harm.

Front 13

$ Aggravated Assault

Back 13

assault plus either:

1. use of a weapon(here toy gun doesnt count but does for robbery)

2. serious bodily injury

Front 14

$ False Imprisonment

Back 14

knowingly confines person unlawfully so as to substantially interfere with his or her liberty

--$ if consent, can't be "unlawful"

i.e. unlawfully or knowingly removed or confined

Front 15

$ Kidnapping

Back 15

false imprisonment that exposes a person to substantial risk of bodily harm

Front 16

$ Aggravated Kidnapping

Back 16

kidnapping plus use of force or serious injury results

Front 17

Rape

Back 17

unlawful penetration of or by the victim any of the following:
1. force or coercion

2. no consent or knew or should have known no consent (objective standard)

3. knew or should have known that victim was mentally or physically incapacitated.

NB: sexually neutral.

Front 18

Aggravated Rape

Back 18

1. ∆ aided by someone else

2. Weapon used

3. serious bodily injury results

Front 19

$ Theft

Back 19

Actor,

1. with the INTENT TO DEPRIVE the owner of property,
2. KNOWINGLY obtains or exercises control over the property
3. WITHOUT the OWNER's consent.(can't be obtained by deception or coercion i.e. must be based on fact)

-merely requires intent, but not a permanent deprivation as long as the deprivation diminishes the value or enjoyment of the property

$ -sanctions based on the value of the property-->if <$500, then misdemeanor; 500 or more then felony

Front 20

$ Robbery

Back 20

Intentional or knowing theft of property of another by violence or fear.

Front 21

$ Aggravated Robbery

Back 21

robbery plus either: 1. use of dangerous weapon [or something that looks like a dangerous weapon i.e. toy gun] OR

2. the robbery results in serious bodily injury

Front 22

$ Especially Aggravated Robbery

Back 22

robbery plus both use of a dangerous weapon and results in serious bodily injury

Front 23

$ Burglary

Back 23

Without Consent,
1. enter any building (other than a home) with the intent to commit a felony, theft or assault.
NB: building is broadly defined

2. remain concealed in a building with the intent to commit a felony, theft, or assault.

OR

3. Enter any building and commit or attempt to commit a felony, theft or assault

Front 24

$ Aggravated Burglary

Back 24

Burglary of a home

Front 25

$ Especially Aggravated Burglary

Back 25

burglary and the victim suffers serious bodily injury

Front 26

$ Arson

Back 26

Knowing damage to any structure caused by fire or explosion

Front 27

$$ Aggravated Arson

Back 27

Arson where:

1. person present in structure OR

2. firefighter or police suffer serious bodily injury

Front 28

Solicitation

Back 28

Asking another person to commit a crime with the intent to see them commit the crime.

Crime is complete at the time of solicitation

If person commits the crime the solicitor is liable as an accomplice, but the solicitation offense merges with the actual crime/higher offense under the Doctrine of Merger.

Front 29

$ Atttempt

Back 29

Specific intent to commit the crime
and
SUBSTANTIAL STEP toward completion.

-defenses of voluntary intox, unreasonable mistake of fact are allowed bc attempt is a si crime.

Front 30

$ Conspiracy

Back 30

Agreement between 2 or more parties to commit the crime and overt act in furtherance of the conspiracy.

-usually acquittal of the other party to a conspiracy doe snot apply where other party is charged with a lessor offense or is no longer being prosecuted.

-all conspirators are liable for all FORESEEABLE crimes that occur within the scope of conspiracy.

Front 31

$ Conspiracy--∆ of Renunciation

Back 31

Conspirator can RENOUNCE conspiracy by WITHDRAWING AND PREVENTING the commission of the crime.

Front 32

$ DUI

Back 32

1. Drive or be in physical control (i.e. capable of starting the car and driving it) of a vehicle while intoxicated (drugs or alcohol)
-intoxication presumed if BAC is .08% or greater

2. Drive or be in physical control of a vehicle with a BAC of .08 or more.

-To establish CONTROL, courts look to the TOC

Front 33

$ DUI-punishment issues

Back 33

Class A misdemeanor
-mandatory minimum 48 hours, $350 fine, license suspended for a year.
-if .2 or greater, 7 days minimum
DUI 2
-45 day minimum; state can SEIZE car (must give proper notice of the seizure)
-DUI 3 120 days
-DUI 4 felony

Front 34

Mistake of fact

Back 34

Mistake is a defense if MISTAKE or IGNORANCE negates the culpable mental state of the crime

-for an INTENT crime, mistake of fact is a defense if it negates the requisite intent, even if the mistake is unreasonable

-for a KNOWING mental state, mistake of fact is a defense if it negates the requisite knowledge, even if the mistake is unreasonable.

-for a rime requiring only a RECKLESS mental state, mistake of fact is a ∆ only if it negates the requisite RECKLESSNESS, only if the mistake is REASONABLE.

Front 35

$ Voluntary Intox

Back 35

NOT A DEFENSE--be sure to say this.

BUT

Evidence of intoxication is admissible to negate the requisite mental state. could possible negate the state's case.

Front 36

Self-Defense--non-deadly force

Back 36

A person can use non-deadly force if the person reasonably believes that they are under attack.

Front 37

SD--Deadly Force

Back 37

Person can use deadly force if he reasonably believes that he is under attack and threatened with imminent death or serious bodily harm.

NO DUTY TO RETREAT.

-if a person is in car, home or business, presumption exists that person reasonably believed that he or she was under imminent threat of death or serious bodily harm.

Front 38

SD-Deadly Force--Exception

Back 38

when the person claiming SD is the original aggressor unless the person withdraws (abandons the attack and communicates the abandonment to his opponent)

Front 39

Defense of Property

Back 39

Reasonable non-deadly force can always be used to protect property
-deadly force can never be used i.e. no spring guns.

Front 40

$ Insanity

Back 40

Was the ∆
1. as a result of severe mental disease or defect
2. able to appreciate the wrongful nature of his or her conduct?

BOP: clear and convincing evidence

-"mental disease or defect" does NOT include abnormality manifested by repeated criminal or otherwise antisocial conduct
-experts cannot opine on whether ∆ is insane, only the jury.

Front 41

Infancy--not as important

Back 41

under 16=juvenile

16 to 18 both criminal court and juvenile court have jurisdiction.(juvenile has original jurisdiction, but jurisdiction can be transferred to the criminal court)

For certain crimes (i.e. murder, rape, kidnapping, aggravated robbery), any age can be transferred to criminal court.
-youngest case 12 year old tried in criminal court for murder.

Front 42

Duress-just be aware

Back 42

Crime was created due to a well grounded apprehension of death or serious bodily injury.
-harm avoided must outweigh the harm inflicted.
-thus, not a defense to homicide.

Front 43

Entrapment

Back 43

∆ must establish:

1. Criminal Plan originated with the Law Enforcement Officer

AND

2. ∆ was not predisposed to commit the crime. e.g. pushy, overbearing police officer.

Front 44

Punishment--who decides

Back 44

Court (not jury) determines sentence in felony and misdemeanor cases, EXCEPT:

1. Jury decides life and death in capital cases.

2. Only the jury can impose a fine of greater the $50 if a fine of over $50 is authorized by statute.

Front 45

Punishment-Pre Sentence Report

Back 45

TO ASSIST THE JUDGE in the determination of a sentence a PREJUDGMENT REPORT s required in felony cases but is discretionary in misdemeanor cases.


BUT

judge can dispense with the requirement if there is a plea bargain and the plea has been accepted byt he court.

Front 46

Punishment--Mitigating Factors

Back 46

-discretionary
-includes stuff like: provocation; no injury; minor role; particularly young or particularly old.

Front 47

Punishment--Aggravating

Back 47

-for a death sentence list is non-extensive and exclusive

-factors include: death of a police officer; torture; instigator; crime was particular cruel; leader v. accomplice; prior record.

Front 48

Punishment--Probation

Back 48

∆ is eligible for a suspended sentence or probation if the sentence is for 8 YEARS or LESS. Except for following crimes: 1st/2nd degree murder; Rape; Aggravated Kidnapping; Aggravated Robbery; Aggravated Arson.

Front 49

$ Custodial Interference

Back 49

when one relative of a child KNOWINGLY DETAINS or MOVES the child in KNOWING violation of a court order

Front 50

$ Felony Murder

Back 50

Felony murder occurs when a killing results during the perpetration or attempt to perpetrate a first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aircraft piracy, or the discharging o fa destructive device or bomb.

Front 51

$ Evading arrest

Back 51

results from intentionally fleeing a known police officer who is attempting an arrest,

Front 52

$ common law crimes

Back 52

There are no Cl crimes in TN. all crimes covered by the TN Criminal Code.

Front 53

$ Possession of illegal drugs [for resale]

Back 53

possession=state must show that ∆ intended to exercise dominion over the drugs.

possession for resale=possession AND INTENT to RESELL normally shown by the drugs being processed.

Front 54

$ Criminal Trespass (WSP at HOB)

Back 54

when a person knowing that he lacks owner's permission enters
OR
remains on the property.

Front 55

$ Reckless Endangerment

Back 55

∆ recklessly engages in conduct which MAY PLACE another person in IMMINENT danger of death or serious bodily injury.

-NO HARM is required

Front 56

$ maximum jail time for commission of a misdemeanor

Back 56

11 months and 29 days. Felonies 1 year or more.

Front 57

$ methods for state to counter insanity defense

Back 57

1. Expert testimony
2. Lay testimony to establish facts to the contrary
3. Cross-Examination

Front 58

$ intercepting an electronic communication

Back 58

In TN it is a felony to intercept any electronic communication
UNLESS
1. person intercepting is a party to the communication
OR
2. CONSENT of a party to the conversation.

e.g. wiretapping a phone and recording phone conversations

Front 59

$ Lessor Included offense--test

Back 59

1. All statutory elements are included as elements of the other crime

2. Only difference is that crime requires a LESS CULPABLE mental state

OR

3. crime is based on facilitation or an attempt of the other crime

Front 60

$ How does a ∆ assert an ALIBI defense

Back 60

∆ must provide notice of intent provide alibi
ONLY IF
state first supplies specific notice of the time, date, and place of the offense.

IF SO, ∆ must provide notice of: -specific PLACES where he claims to have been at the time of the crime
-names of any WITNESSES who will be called to establish or corroborate the alibi claim.

3. STATE must provide a list a WITNESSES it intends to call to place the ∆ at the scene o the crime or otherwise rebut his alibi defense.

Front 61

$ Vandalism

Back 61

appeared on test where burglar cut power lines.

Front 62

$ Accomplice Liability

Back 62

a person is guilty as an accomplice if the person:

1. Assist or encourages another crime

WITH

2. Intent that crime be committed

UNLESS

person is a member of the class of people the statute is designed to protect i.e. child labor; statutory rape

-words of encouragement are enough IT INTENT is PRESENT.

Front 63

$ Jurisdiction

Back 63

All related crimes were committed and completed in TN. Therefore TN has appropriate jurisdiction over the listed crimes.

Front 64

if an officer has PC to believe that a traffic law has been violated,

Back 64

she may stop the car even if her ulterior motive is to investigate whether some other law is being violated