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91 Cards in this Set

  • Front
  • Back
The "situs" of the crime is defined by
1. where the proscribed act (or omission) takes place
OR
2. the place of harmful result
Federal criminal law is governed entirely by
statute (i.e. there is no federal common law)
Article I of the Constitution places these two substantive limitations on both federal and state legislatures
1. No Ex Post Facto Laws
AND
2. No Bills of Attainder
Ex Post Facto Laws opertate to retroactively
1. Make criminal an act that when done was not criminal
2. Aggravate a crime or increase punishment thereafter
3. Change the rules of evidence to the detriment of criminal defendants as a class
OR
4. Alter the law of criminal procedure to deprive substantive rights
A Bill of Attainder is a legislative act that
Inflicts punishment or denies a privilege without a judicial trial
Plain meaning rule
when stautory language is plain and the meaning is clear, the court must give effect to it
Ambigous statements are construed how?
In favor of defendant
Generally there is NO MERGER EXCEPT for
1. Solicitation or Attempt
AND
2. Lesser included offenses merge into greater offenses
Not a violation of Double Jeopardy where statute provides
Multiple, separate punishments for single act
Elements of a crime
1. Act
2. Intent
3. Concurrence
4. Harmful result/causation
As a physical act must be voluntary these acts are NOT considered "voluntary"
1. Conduct not the product of the actor's determination (shoved into something)
2. Reflexive or convulsive act (epileptic seizure)
OR
3. Acts performed while unconsious or asleep (unless D knew likely to happen)
Failure to act will result in criminal liability provided three requirements are satisifed
1. Legal duty to act
2. Knowledge of facts giving rise to duty (law may impose duty to learn - i.e. lifeguard)
AND
3. Reasonably possible to perform
Legal duty to act can arise from the following sources
1. Statute (file taxes)
2. Contract obligation (lifeguard)
3. Certain relationships(parent-child/spouse)
Voluntary assumption of care
once aid is rendered may be liable for not satisfying a reasonable standard of care
Enumerated specific intent crimes (10 of them)
1. Solicitation
2. Attempt
3. Conspiracy
4. First degree premeditated murder
5. Assault
6. Larceny and Robbery
7. Burglary
8. Forgery
9. False Pretenses
10. Embezzlement
Two malice crimes
1. Common law murder
2. Arson
Standard of proof for prosecuting malice crimes
D recklessly disregarded an obvious or high risk that the particular harmful result would occur (note: these crimes are not open to the specific intent defenses)
Doctrine of transferred intent is most commonly applied to (3 crimes) and does not apply to (1 crime)
Applies to: homicide, battery, and arson
DOES NOT Apply to: attempt
Formula for identifying strict liability crimes
The crime concerns administrative, regulatory, or morality issues and no adverb in the statute
Under enterprise liability, corporations may be held liable under the following conditions
1. Acts within scope of office (look for agent acting on behalf of corp.)
OR
2. Superior Agent rule (agents sufficiently high to presume acts reflect corp. policy)
Scope of Accomplice Liability
1. The crime itself
2. All other foreseeable crimes
Define Accomplice
One who, WITH THE INTENT THE CRIME BE COMMITTED, aids, counsels, or encourages the principal before or during the commissions of the crime (KNOWLEDGE INSUFFICIENT)
Define Accesory After the Fact
Need a FELONY and a COMPLETED crime (usually a five yr. max sentence)
Exclusions from liability
1. Members of the protected class
2. Withdrawal (before crime is actually committed)
Methods of withdrawal
- encouraged:
- provided materials to assist:
- encouraged: repudiate
- provided materials: neutralize the assistance
OR
- notify authorities; take some action to prevent
List the inchoate offenses (3)
1. Solicitation
2. Attempt
3. Conspiracy
Define Solicitation
Asking someone to commit a felony with the intent that the person solicited do the crime
At what point is the crime of solicitation complete
At the time the solicitation is made
- Non-defenses to soliciation
- Potential defense
- Impossibility and withdrawal
- Exemption from intended crime (minor female not guilty of soliciting statutory rape)
Successful conspirators can be convicted of
1. The criminal conspiracy
AND
2. The completed crime
Liability of one conspirator fOR crimes committed by other conspirators - two requirements
1. Crimes were committed in furtherance of the conspiracy AND
2. They were foreseeable
Elements of Conspiracy
1. An agreement between two or more persons (need not be express, court will infer)
2. An intent to enter into an agreement
AND
3. An intent to acheive the objective ("meeting of guilty minds")
(4). An overt act (mere preparation will suffice)
Split in jurisdication regarding overt act to a conspiracry
Majority: agreement and overt act
Minority/Common law: agreement is enough
Withdrawal as a defense to conspiracy
Not a Defense: the crime is complete as soon as the agreement is made and the overt act taken
May limit liability for subsequent acts of other members of the conspiracy if
1. Perform an affirmative act notifying ALL members
AND
2. Must be done in time for them to abandon their plans
Define Attempt
The specific intent AND a substantial step beyond mere preparation
Defenses to liability for attempt
Legal impossibility
Can D argue abandonment to attempt
General rule: it is never a defense
MPC: withdrawal will be a defense if 1.)fully voluntary and 2.) complete abandonment
Formulations of Insanity Defenses
1. M'Naghten rule
2. Irresistible Impluse Test
3. Durham Test
4. ALI/MPC Test
Under the M'Naghten Rule a D is entitled to an acquittal if
Lacked the ability at the time to know the wrongfulness and understand the nature and quality of his actions
Irresistible Impulse test
D unable to control his actions or conform conduct to the law (no self control and no free choice)
Durham Test
crime was a product of mental diseas or defect (but for the disease)
ALI/MPC approach to insanity
suffered from a mental disease and as a result lacked capacity to appreciate the criminality of his conduct OR conform his conduct (combination of M'Naghten and irresistible impulse tests)
Burden of proof on insanity
Presumed sane; D must present some evidence
A good defense to specific intent crimes
Voluntary intoxication
Voluntary intoxication is no defense to
Crimes requiring malice, recklessness or negligence, or to strict liability crimes
Establish involuntary intoxication
1. Under duress
2. Without knowledge
OR
3. Pursuant to medical advice
Infacny is determined by
Physical age at the time of the crime
No criminal liability based on infancy under age
Seven
Rebuttable presumption of no criminal liability on infancy under age
Fourteen
May use deadly force if (3 things)
1. Without fault
2. Confronted with unlawful force
AND
3. Threatened with imminent death or great bodily harm
The threat of imminent death or great bodily harm (2 requirements)
1. D must reasonably believe the threat exists
AND
2. Threat must be a present one
Retreat from deadly force
Majority: no duty
Minority: only if could do so safely and never from home or while being robbed
Right of the agressor to use self-defense (2 requirements)
1. Must remove from fight
AND
2. Must communicate such
OR
Upon sudden escalation from a minor fight to one of deadly force without a chance to withdraw
For defense of property
Deadly force may NEVER be used
Duress is a defense to
All crimes except homicide
Mistake of Fact as a defense to a specific intent crime
Any mistake will serve as a defense
Mistake of Facts as a defense to malice or a general intent crime
Reasonable mistake only
Mistake of Facts as a defense to strict liability
NEVER a defense
Consent as a defense
NEVER indulge consent of the victime as a defense
Two elements to Entrapment
1. Criminal design originated with alw enforcement
AND
2. Defendant must NOT have been PREDISPOSED to commit the crime
(vary narrowly interpreted)
Offenses against Person include
- Assault and Battery
- Homicide
- Voluntary Manslaughter
- Involuntary Manslaughter
- Statutory Rape
Define Battery
A completed assault; force to another resulting in either bodily injury or and offensive touching
State of mind for battery
Intent not required; criminal negligence sufficient
Aggravated Battery
- Deadly weapon
- Serious bodily injury
- Victim is a child, woman, or police officer
Define Assault (2 possibilities)
1. An attempt to commit a battery (specific intent)
OR
2. Intentional creation of a reasonable apprehension (more than just words)
Common law criminal homicide subdivided into three different offenses
1. Murder
2. Voluntary Manlaughter
3. Involuntary Manslaughter
Define Murder
Unlawful killing of a human with malice
Define Malice
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless disregard to an unjustifiably high risk to human life
OR
4. Intent to commit a felony
Define Voluntary Manslaughter
Intentional killing by provocation (i.e. passion)
Elements of adequate provocation
1. Sudden and intense passion as an ordinary person
2. D was in fact provoked
3. Not time to cool down
4. D did not in fact cool down
Involuntary Manslaughter - two forms
1. Criminal Negligence
2. "Unlawful Act"/"Misdemeanor Manslaughter"
Involuntary Manslaughter - Criminal Negligence
Death caused by criminal negligence (some states require subjective awarenss of risk)
Involuntary Manslaughter -"Unlawful Act"/"Misdemeanor Manslaughter"
Killing caused by an unlawful act; in the commission of a misdemeanor (inherently wrong act or foreseeable)
Define Felony Murder
A killing committed during the course of a felony (malice is implied from the intent to commit the underlying felony)
Defenses to Felony Murder
- a defense to the felony is a defense to felony murder
- felony must be independant of the killing
- death must have been forseeable (broadly interpreted)
- death must have been "caused during" the commission of the felony (includes fleeing)
- death of co-felon caused by resistance from victim or police pursuit
Applicability of the year and a day rule
Outdated; mostly abolished
Hastening an inevitbale result
Is a legal cause of that result
List Property Offenses
- Larceny
- Embezzlement
- False Pretenses
- Robbery
List Offenses against Habitation
- Burglary
- Arson
Elements of Larceny (possession not title)
1. a taking (D takes control)
2. and carrying away
3. of tangible personal property
4. of another (someone with a superior possessory interest)
5. by trespass
6. with intent to permanently deprive
Larency among joint owners or against abandoned property
Cannot be committed
Larceny of lost or mislaid property
Considered constructively in the owner's possession
Embezzlement generally requires
1. The fraudulent
2. Conversion (manner inconsistent with trust arrangment; need not benefit D)
3. Of Property (real property and services not included)
4. Of Another
5. By a person is lawful possession
False Pretenses general consists of
1. Obtaining title
2. To the property of another
3. By an intentional (or knowing) false statement of past or existing fact
4. With intent to defraud
Robbery (larceny + assualt) consists of
1. A taking
2. Of personal property of another
3. From the other's person or presence (broadly construed)
4. By force or intimidation (threat of imminent harm)
5. With the intent to permanently deprive
Aggravated Robbery
Robbery with a deadly weapon
Extortion disinguished from Robbery
- future rather than imminent harm
- don't have to take anything from the person or his presence
Elements of Burglary (common law)
1. A Breaking
2. And Entry
3. Of the Dwelling
4. Of Another
5. At Night
6. With the Intent to commit a felony therein
Breaking requirement for burglary
- minimal force sufficent; can be constructive (i.e. fraud, threat); must be a trespass; must be to gain entry
Elements of Arson
1. Malicious
2. Burning
3. Of the Dwelling
4. Of Another