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113 Cards in this Set
- Front
- Back
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When may a state prosecute a crime?
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If a significant portion of the prohibited conduct or result occurred in that state.
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When may a person be prosecuted for the same criminal activity?
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Different states may prosecute the same criminal activity as long as prohibited conduct or result occurred in those states. Different sovereigns = Different crimes
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Describe the merger doctrine in criminal law.
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Merger is when one crime is subsumed into another; cannot be convicted of both.
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Does conspiracy merge into the target offense?
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NO--conspiracy does NOT merge into the target offense.
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Does solicitation merge into the target offense?
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YES--solicitation merges into the target offense.
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Does attempt merge into the target offense?
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YES--attempt merges into the target offense.
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Do lesser-included offenses merge into the target offense?
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YES--lesser-included offenses merge into the target offense.
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What are the components of actus reus?
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Prohibited conduct or result and any attendant circumstances.
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Commission of actus reus requires either __________________ act or __________________ which violates a _______________________.
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voluntary; omission; legal duty
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List 5 ways that legal duty to act or aid may arise.
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1. Statute
2. Contract 3. Relationship (e.g. parent, spouse) 4. Assumption of care 5. Creation of peril (e.g. hitting pedestrian) |
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What crimes are specific intent crimes?
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-first-degree murder
-assault -inchoate offenses -property-related offenses |
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What is malice?
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Gross recklessness or worse
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What are the malice crimes?
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Murder and arson
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What is general intent?
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A catch all including criminal negligence
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What are general intent crimes?
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Rape
Battery Kidnapping |
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What are the strict liability crimes?
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Statutory rape
Public health and safety regulations |
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State the rule of transferred intent.
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Defendant's intent to harm a particular individual or object transfers if instead causes *similar harm* to another person or object.
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State the rule regarding concurrence of AR and MR
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Mental state required for offense must exist simultaneously with commission of the offense.
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What is the modern approach to accomplice liability (for AR and MR)?
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One is liable for a crime someone else commits if one assists with the intent to assist in the commission of a crime.
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Under the common law, what are the four categories of parties to a crime?
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Principal in the first degree
Principal in the second degree Accessory before the fact Accessory after the fact |
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What is a principal in the first degree?
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Present at the scene, commits at least one element of the crime
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What is a principal in the second degree?
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Present at the scene; assists but does not commit any element of the crime.
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What is an accessory before the fact?
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Not present at the scene; provided assistance beforehand.
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What is an accessory after the fact?
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Not present at the scene; provided assistance after crime was over.
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At common law, what is the liability of principals an accessories before the fact?
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1. Crime committed, and
2. Any foreseeable crimes that occurred along the way |
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What is the liability for an accessory after the fact?
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Not liable for crime committed; liable for *separate crime* of being accessory after the fact.
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What is the mens rea for solicitation, conspiracy, and attempt (inchoate crimes)?
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Specific intent crimes--must have goal of committing some target crime
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What are the elements of solicitation?
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Asking or encouraging another to commit a crime with intent that they commit the crime.
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When is the crime of solicitation complete?
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Solicitation is complete once the words are spoken.
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Is impossibility a defense to solicitation?
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NO
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What are the elements of conspiracy?
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Agreement to commit an unlawful act or acts with intent to achieve the object of the agreement.
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Conspiracy: What counts as an act in furtherance?
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Any overt act, however minor, in furtherance of the conspiracy.
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Describe the unilateral (minority) approach to conspiracy.
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Only one party must have intent to achieve target objective.
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Describe the bilateral (majority) approach to conspiracy.
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Both parties to the agreement must have intent to achieve target objective (i.e. both are criminals; doesn't count if one is an undercover cop).
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Describe a chain conspiracy.
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One large scheme in which subagreements between conspirators form links in a common enterprise. (e.g. drug distribution chain)
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Describe a wheel conspiracy.
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Central figure forms agreements with different individuals who are independent of, and indifferent to, each other. (e.g. mortgage broker helps numerous buyers get fraudulent loans)
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What is the liability of a conspirator?
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Conspirators may be liable for:
1. Conspiracy 2. Completed target crime (no merger) 3. Foreseeable crimes of co-conspirators in furtherance of conspiracy. |
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How does one withdraw from a conspiracy?
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Withdrawal occurs by notifying co-conspirators of abandonment of conspiracy.
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What is the effect of withdrawal on conspiracy liability?
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Withdrawal cuts off liability for further crimes of co-conspirators, but not for conspiracy itself or completed crimes.
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Is impossibility a defense to conspiracy?
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NO--impossibility is no defense to conspiracy.
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What are the elements of attempt?
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Dangerous proximity or a substantial step beyond mere preparation toward completion of a crime, with the intent to commit a crime.
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Is impossibility a defense to attempt?
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Factual impossibility is not a defense, but legal impossibility is a defense.
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What are the elements of battery?
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Unwanted touching of another person with general intent (criminal negligence suffices).
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What is aggravated battery?
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Aggravated battery is battery plus
1. deadly or dangerous weapon 2. serious bodily injury 3. child or police victim |
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What are the elements of assault?
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Attempted battery, or putting someone in reasonable apprehension of battery, with specific intent.
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What is aggravated assault?
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Assault plus
1. deadly weapon, or 2. intent to rape, maim, or murder |
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What are the elements of murder?
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Unlawful killing of another human with
--intent to kill --intent to inflict serious bodily injury --gross recklessness in risking human life (depraved indifference), or --felony murder |
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What are the elements of felony murder?
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A killing during the course of a felony--strict liability
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Can D be convicted of felony murder if the predicate felony is not proved?
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NO--must prove the predicate felony.
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By whom must the person be killed in order to prosecute for felony murder?
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Common law--by anyone (inc. victim or police)
Modern: by one of the defendants |
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When must a killing occur to be eligible for felony murder?
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"During" the commission of the crime, including to and from the scene.
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What kind of felony qualifies as a predicate for felony murder?
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Common law: Violent crimes (e.g. rape, robbery, arson)
Modern: Expanded by statute (e.g. drug crimes) |
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How is the "foreseeable" element applied in felony murder?
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It is applied very broadly; intent is irrelevant.
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What is voluntary manslaughter?
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Murder (intentional killing) committed in the heat of passion.
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What is the heat of passion that qualifies for reduction to voluntary manslaughter?
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1. Sudden and intense reaction
2. Adequate provocation --would inflame ordinary person; words alone are insufficient 3. No cooling-off period |
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Describe the two kinds of involuntary manslaughter.
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1. Criminally negligent or reckless killing (not gross recklessness/depraved indifference)
2. Killing during course of misdemeanor or felony not included in felony murder. |
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Describe the two kinds of first-degree murder.
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1. Premeditated and deliberate killings--the only specific intent homicide.
2. Certain kinds of felony murder (statutorily enumerated felonies) |
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What is second-degree murder?
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Every common law murder that doesn't qualify as first-degree murder.
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What are the elements of rape?
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Sexual intercourse (i.e. penetration) by force or threat of force without consent, with any criminally culpable state of mind regarding consent.
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What is the effect of mistake on rape?
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Reasonable mistake as to consent exculpates.
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What are the elements of statutory rape?
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Sex with a minor; strict liability.
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What is the effect of mistake on statutory rape?
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Mistake as to age is no defense.
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What are the elements of false imprisonment?
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Confinement of a person against his will with general intent.
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Define kidnapping.
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Intentional movement of the victim against his will--some courts require movement beyond that incident to other crimes.
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Define larceny.
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Taking away another's property by trespass (w/o valid consent) with intent to permanently deprive.
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Define embezzlement.
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Conversion of property held in trust with intent to defraud.
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Define false pretenses.
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Taking *title* to property by misrepresentation with intent to defraud.
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What is the difference between larceny and embezzlement?
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Possession: Larceny-->owner originally in possession; Embezzlement-->criminal originally in possession
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For larceny, how long does the dispossession need to last?
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Brief dispossession suffices.
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For larceny, does the thief have to keep the property?
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NO--may sell or otherwise dispose of it.
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Does larceny apply to real property?
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NO--larceny only applies to personal property.
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For false pretenses, what must the misrepresentation be about?
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Misrepresentation must be about a past or present fact--not future.
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Define robbery.
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Taking another's personal property from his or her presence by force or threat of force with intent to personally deprive (specific intent). Robbery is larceny by force or threat of force.
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Define extortion.
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Seeking to obtain another's property by future threat with intent to permanently deprive.
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Compare robbery and extortion.
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Victim's presence not necessary for extortion; Extortion need not involve immediate or imminent harm.
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Define receiving stolen property.
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Receiving another's personal property with knowledge it has been stolen and intent to permanently deprive.
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Define burglary at common law.
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Breaking and entering a dwelling of another at night with intent to commit felony within.
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What constitutes the "breaking" part of breaking and entering for common law burglary?
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Breaking is any force, or by threat or by fraud.
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What constitutes the "entering" part of breaking and entering for common law burglary?
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Entering = any part of body, or any object for committing a felony.
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What is a "dwelling" for common law burglary?
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Dwelling = place where someone sleeps
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What is the definition of burglary under the modern trend?
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Breaking and entering any building with intent to commit a felony within.
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Define arson at common law.
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Burning the dwelling of another with malice (recklessness or above suffices)
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What constitutes "burning" in the definition of arson?
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burning = any flame damaging structure (not smoke or heat)
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Define arson under the modern trend.
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Burning any building with malice.
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Define a possession offense.
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Possession of a prohibited item with knowledge (of possession; not knowledge that it's prohibited)
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Compare actual, constructive, and joint possession.
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Actual--physically has item
Constructive--controls access to item Joint--more than one person may possess item at same time (e.g. joint occupants of house or car) |
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For what kind of crimes is causation relevant?
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Causation is relevant for result crimes (homicide, etc.)
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Does criminal liability require more than actual cause?
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YES--criminal liability requires both actual cause and proximate cause.
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Define actual cause.
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"Cause in fact"--But for D's conduct, prohibited result would not have occurred.
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Define actual cause for homicide.
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D's conduct shortened victim's life by any amount of time.
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Define proximate cause.
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Proximate cause turns on foreseeability; i.e. natural and probable consequence of D's conduct.
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What types of intervening acts may defeat proximate cause?
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Intervening acts may defeat proximate cause if sufficiently coincidental, free and independent, or unforeseeable.
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Can negligent medical care be included in proximate cause?
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YES--negligent medical care is always foreseeable.
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Describe the M'Nagten test for insanity.
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Mental illness precluded
--Knowing right from wrong; OR --Understanding nature and quality of act. |
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Describe the irresistible impulse test for insanity.
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Mental illness precluded ability to control actions or conform conduct to law.
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Describe the Durham test for insanity.
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Crime was a product of the mental illness.
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Describe the MPC test for insanity.
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Mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct OR conform conduct to law. (M'Nagten plus irresistible impulse)
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Describe the defense of involuntary intoxication.
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Intoxication arose without knowledge or against will; is a defense against ALL crimes (can't form MR).
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Describe the defense of voluntary intoxication.
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Intoxication was knowingly self-induced--need intent to drink, if not intent to get hammered. Voluntary intoxication is a defense against specific intent crimes.
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Describe the mistake of fact defense for specific intent crimes.
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Any mistake that negates mens rea, however unreasonable, is a defense to a specific intent crime.
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Describe the mistake of fact defense for general intent and malice crimes.
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A reasonable mistake that negates mens rea is a defense to a general intent or malice crimes.
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Is mistake of fact a defense to a strict liability crimes?
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NO
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What is the general rule regarding mistake of law as a defense?
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Mistake of law is generally NOT a defense.
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When can mistake of law be a defense?
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When D relied on interpretation of official responsible for interpreting or enforcing law at issue.
When MR of crime includes knowledge of relevant law (e.g. criminal tax evasion) |
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Under what circumstances may deadly force be used in self defense?
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When reasonably believed force used was necessary to defend against --imminent unlawful deadly force or --serious bodily injury
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When may non-deadly force be used in self defense?
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When reasonably believed force used was necessary to defend against imminent unlawful force
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Describe the requirement of retreat.
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Majority--never required
Minority--required before using deadly force, except in home, during rape or robbery, or making a lawful arrest |
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What right does the aggressor have to self defense?
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NO right--UNLESS:
--Withdrawal + communication, OR --Escalation from nondeadly force to deadly force by victim |
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State the rule regarding defense of others.
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May use such force to defend others as reasonably believed others may use to defend themselves.
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When may deadly force be used in defense of property?
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Deadly force is not allowed to defend property. But allowed in the home if reasonably believed necessary to defend against entry with intent to (seriously) injure or commit forcible felony.
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When may non-deadly force be used to defend property?
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When reasonably believed necessary to prevent imminent unlawful entry or dispossession.
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Describe the defense of duress.
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Defense for crimes *except homicides* if reasonably believed
--under threat by another person --of imminent death or serious bodily injury --to self or family (or maybe any 3d party) --no reasonable way out of situation --not at fault in bringing about situation |
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Describe the defense of necessity
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Defense for crimes, likely excluding homicides, if reasonably believed
--necessary to avoid greater imminent harm to society --from natural forces NO killing to protect property; likely not even to protect more lives |
