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79 Cards in this Set
- Front
- Back
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Murder
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1. The unlawful killing
2. of a human being 3. with malice aforethought |
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Malice
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The legal term which comprehends not only a particular ill will, but every case where there is a wickedness of disposition hardness of heart, cruelty, recklessness of consequences, or a mind regardless of social duty. Malice aforethought is an unjustifiable, inexcusable and unmitigated person-endangering state of mind.
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Elements of Malice Aforethought
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-The intent to kill (express malice)
-The intent to inflict grievous bodily harm - (malice is implied) -Reckless indifference to the value of human life (depraved heart) - malice is implied -The intent to commit a felony (felony murder rule) - malice is implied |
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Involuntary Manslaughter
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1. Unintentional killing
2. Of human being 3. Without malice 4. Reckless-aware but consciously disregard *no intent and no malice* |
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Criminal Negligence
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*Substantial deviation from the standard established by law
1. Knowledge of the risk 2. Aware of the risk 3. It is forseeable that the action will happen |
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Modern Law Rape
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1. sexual intercourse
2. with force of threat of force a. force – actual, constructive, threatened b. lack of consent (no defense to mistake of consent) 3. against will |
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Common Law Rape
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1. Sexual intercourse
2. With a woman 3. Not man’s wife 4. Without consent |
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Common Law Robbery
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1. Breaking
2. Entering 3. Dwelling house 4. Of another 5. At night 6. Intent to commit felony |
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Modern Law Robbery
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1. Entering
2. A structure 3. With intent to commit felony *if at night it increase degree |
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Aggravated Burglary
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1. Unlawful entry
2. Of another’s structure 3. Without consent 4. With intent to commit theft and sexual battery 5. Knowingly 6. In which there is a human occupying |
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Common Law Larceny
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1. Trespassory
2. Taking 3. Carrying away 4. Of personal property (must have value) 5. Of another 6. With intent to steal (deprive permanently) |
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Embezzlement
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1. Taking
2. Carrying away 3. But they have lawful possession 4. Taker is on the inside (with access so no trespass) |
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False Pretenses
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1. Knowingly and by designedly
2. Obtain (both title and possession) 3. Property of another 4. By means of untrue misrepresentation of fact 5. With intent to defraud *think cheat, swindler, consumer fraud |
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Larceny by trick
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1. Obtain only possession (only custody)
2. Property of another 3. Through fraud |
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Theft
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1. Wrongfully
2. Obtaining (dominion of control) 3. Property of another (with value) 4. With intent to deprive *no need to carry away |
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Forgery
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1. False making or material alteration
2. Of a writing, which if genuine, might be of legal efficacy 3. With the intent to defraud |
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Solicitation
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1. One who counsels, incite, solicits another
2. To commit either felony or misdemeanor 3. With specific intent that person commits crime *crime is complete at time solicitation is made *merges with attempt and act |
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Stalking
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1. Willfully
2. Maliciously 3. Repeatedly 4. Follow or harass 5. With intent to seriously alarm/annoy |
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Attempt____
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1. Intent to commit the crime
2. Substantial step toward commission *more than mere preparation |
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Conspiracy
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1. Agreement between two or more people
2. To commit a criminal act or series of acts 3. Some over act in furtherance |
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For a person to be responsible for conspiracy, 3 elements
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1. Knowledge
2. Actual participation 3. Intent to join |
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What three actions must happen to be guilty of conspiracy?
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1. Reasonable foreseeable
2. In furtherance 3. Within the scope |
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Conspiracy: Substantive or add on crime?
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Substantive (does not merge with target offense)
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Attempt: Substantive or add on?
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Add on (merges with target offense if target offense was complete)
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Aiding and abetting elements
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1. Knowing
2. Assisting 3. Intent to aid the criminal venture 4. Treated as a principal |
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Aiding and abetting: substantive or add on?
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Add on
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Accessory after the fact
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1. Predicate felony completed
2. Person has knowledge that person aiding committed the crime 3. Accessory concealed or aided the principal 4. Conviction of the principal is not a condition precedent to the conviction |
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Agency
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1. Superior
2. Commanded or directed 3. A subordinate 4. To commit a crime |
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Arson
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1. Willing or voluntary
2. Malicious burning 3. Of the dwelling house 4. Of another |
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Causation
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1. Intention, probability and non-intervention of an independent cause
2. Within natural and continuous sequence |
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What is the standard for measuring adequate provocation for involuntary manslaughter?
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Objective standard of ordinary man; mere words are NOT enough to sufficiently provoke
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True or False: words alone are sufficient for assault
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False. Threat MUST be immediate; no future threat is assault
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Types of Intent
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Specific and General
Or Purposeful, knowing, recklessness, and negligence |
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In general, must an individual act affirmatively for the benefit of others?
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No. the law does not impose duty to help others. Exceptions: special relationship (parent-child); statute imposes duty; K duty; voluntary assumption; creation of peril; landowner for invitees
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Define mens rea
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Literally “guilty mind.” Refers to culpable mental state or a requirement that Δ be at fault with respect to the objective elements of crime
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Distinguish false pretense and larceny by trick
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False pretense = obtain possession and title by fraud
Larceny by trick = obtain possession only |
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Distinguish embezzlement and larceny
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Embezzlement is lawfully obtaining possession
Larceny is unlawful taking |
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What is it when one rents a car by telling Hertz that they will return it in 3 days but at time, intended to deprive permanently?
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Larceny by trick (this is constructive trespass because owner-bailer gave possession based on purpose which was a lie) – theft did not obtain title so not false pretense – not embezzlement because he never had title to convert
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How does one “abandon” a crime so no liability for attempt?
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Must renounce crime within reasonable time before commission of crime or other substantial steps
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Negative Act - define
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One is guilty for the omission of an act – when one has a duty and does not act. Ex. mother is aware and lets child eat poison, it does not matter if mother gave it to child or just watched child did it, same culpability because of duty.
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Name all specific intent crimes
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BAFFLE PACK
Burglary, Attempt, Forgery, False Pretenses, Larceny, Embezzlement, Premeditated murder (1st degree), Assault, Conspiracy, Kidnapping (for ransom) |
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At common law, name the categories of parties to a felony
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1. Principal in first degree
2. Principal in second degree 3. Accessory before the fact 4. Accessory after the fact |
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Of the 4 categories of common law parties to a felony, how is each party charged relative to the other
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1. *Principal in first degree
2. *Principal in second degree (accomplice) 3. *Accessory before the fact (accomplice) 4. Accessory after the fact – charged as lessor *All charged as Principals and names changed too |
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What category and degree is the perpetrator?
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Principal in first degree
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Elements of accessory after the fact
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1.Knowledge (not just suspicion) the felony was committed
2. Personal assist felon 3. Assistance to hinder detection, arrest, trial, or punishment Ex: obstruction of justice |
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At common law, is accessory before or accessory after guilty of crime if principal is acquitted or is never charged?
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No. Common law requires that there first be a guilty principal if order to find a guilty accessory, as long as principal’s guilt was determined first.
Modern – allow accessory to be convicted even if principal is never tired or is acquitted |
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Is principal vicariously liable to its agent for a crime if he did not know about it?
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No. a principal is only vicariously liable if he knew or commanded it
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At common law, can a corporation be indicted for crime? What the modern rule?
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CL – no, but its members could be.
Modern- the whole corporation is indictable, punishable for crime |
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Is an accessory after the fact guilty or aiding and abetting – modern rule?
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No, it is called obstruction of justice
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What two theories can accomplices be convicted under?
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Aiding and abetting (merges if successful crime); Conspiracy (a target offense)
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Causation test
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But for” test; injury would not have happened but for the Δ’s actions
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Proximate causation elements
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The cause which through its (1) natural and foreseeable consequence, (2) unbroken by any sufficient intervening cause, (3) produces the injury which would not have occurred BUT FOR that cause
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Name three inchoate crimes
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1. Attempt
2. Solicitation 3. conspiracy |
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Common law definition of solicitation
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1. enticing, advising, encouraging, ordering another to commit crime
2. Crime against public welfare (breach of peace) 3. With specific intent to solicit one to do crime (specific intent) *actually commission |
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What are the defenses of solicitation? What are not defenses?
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Defense – only some states allow renunciation but it requires Δ to prevent crime.
No defense of factual impossibility, nor change of heart |
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Distinguish conspirator and accomplice
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Conspirator must agree to commission of crime; and guilty at contemplation not completion.
Accomplice need not have agreed or conspired but may have aided the commission, and to be liable, the crime must be completed. |
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Pinkerton doctrine
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It isn’t necessary that all conspirators know of each other’s existence so when one joins the same criminal purpose, all conspirators are guilty of each other acts IF 1. Act was in furtherance, 2. With the scope, and 3. Foreseeable.
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Is legal impossibility a defense to a conspiracy charge?
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No – not factual either. However, if the charge was attempt then legal impossibility IS a valid defense
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Is an “overt act” the same for attempt and conspiracy
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No. Attempt: a sufficient act is an act beyond mere preparation which subjects the actor to liability. The standard for such an act varies, but it must be at least a substantial step toward commission
Conspiracy: overt act refers to any act by a conspirator in furtherance of agreement, so no need for substantial. |
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Defense to attempt is abandonment under what circumstances?
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Only when: (1) it is completely voluntary (not due to problems or risk of getting caught); and (2) it represents a full renunciation of the criminal purpose (not a decision to delay). Even if met, court may allow defense.
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Define legal impossibility
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Rises when what Δ intends to do is not criminal. It is a valid defense to an attempt charge, not conspiracy
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Elmer Fudd goes hunting for rabbits, believing that it’s really duck season and thus he is hunting illegally. However, unbeknownst to him, it is rabbit season. Is he guilty of attempt to violate statute by actually hunting rabbits?
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No because he did everything he intended to do and his actions did not constitute a crime – legal impossibility
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A 25 year old has consensual sex with a girl believing her to be 14 years old but she is actually 18. Is he guilty of statutory rape?
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No, legal impossibility – having consensual sex with an 18 year old is not a crime
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Oliver Twist reaches into pocket with intent to steal. The pocket is empty. Is he guilty of pickpocketing?
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Yes, this was a factual impossibility and that is NOT a defense.
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Define factual impossibility
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Arises when completion of the crime is impossible due to physical facts not known to the Δ
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Man aims at another man with intent to kill, and pulls the trigger and the gun goes off, but unbeknownst to either man, the bullets were blanks. Is he guilty of attempted first degree murder?
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Yes you are guilty but is it legal or factual? Ask Hutton. I think it is factual because he did everything he intended to do but only because it had blanks, the victim did not die. It could be legal however because it is not a crime to shoot a gun at someone when it is loaded only with blanks.
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Mnemonic – C. ISSAC
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Causation
Insanity Solicitation Accomplices Attempt Conspiracy |
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Mnemonic – MIM BARK
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Murder
Imprisonment Manslaughter Battery Assault Rape Kidnapping |
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Mnemonic –PEBBLE FARM F
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Perjury False Pretense
Extortion Arson Burglary Robbery Bribery Malicious Mischief Larceny Embezzlement Forgery |
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Difference between crime that is “malum in se” and “malum prohibitum”
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In se = common law made crime; act that is bad in and of itself
Prohibitum – statute made crime |
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Elements of malum in se
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1. Mental element – mens rea
2. Physical element – actus reus |
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Elements of malum prohibitum
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Whatever the statute says; mental element is not always necessary
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Test for depraved heart (magic language)
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(1) There is a very high risk that someone will get hurt (it appears eminent that someone will get hurt);
(2) knowing of the circumstances (awareness) and (3) without justification social utility (trying to get someone to hospital) Magic: manifesting extreme indifference to human life; must be a gross deviation from what a reasonable person standard of conduct |
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What crimes make felony murder a first degree offense?
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MPC: Burglary, Arson, Rape, Robbery, Poison, Lying in wait, Torture, Mayhem,
BARRPL TM |
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Voluntary Manslaughter
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1. Intent to kill or inflict great bodily injury
2.Wanton/willful disregard of unreasonable human risk 3. Adequate provocation (Heat of passion killing or imperfect self defense where the person who shoots where the person honestly believes but its an unreasonable belief) |
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Three kinds of Involuntary Manslaughter
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1. In the commission of a crime (not a felony)
2. In the commission of a lawful act which might produce death, in an unlawful manner 3. Without due caution and circumspect (No malice, no intent to kill, but death occurs) *different than depraved heart- still a risk here but not that high of degree of risk |
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Assault
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1.An attempted battery
2.Placing another in apprehension of a battery 3. An actual battery |
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Simple Assault
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An unwanted touching, slapping, such no long lasting harm
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Aggravated Assault
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1. intent to kill with the means to likely produce death(or)
2. intent to injure with means to inflict greivous bodily harm(or) 3. Assault w/ a deadly weapon 3. |
