Crimes

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COMMON LAW FELONIEs

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MR & MRS LAMB
Murder, Robbery Manslaughter, Rape, Sodomy, Larceny, Arson, Mayhem, Burglary

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SOLICITATION

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Requesting, urging or tempting someone to commit a crime with the intent that the solicitee commit the crime

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CONSPIRACY

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Agreement by two or more persons to commit a crime with the(actus reus) intent that the crime be committed(mens rea)

(does not merge into completed crime)
Modernly: Most jurisdiction need an overt act. CL complete at agreement.

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WHARTON RULE

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when a crime by its very nature requires more than one person, the in order to have a conspiracy you need the requisite number plus one

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DEFENSES TO CONSPIRACY

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1) Impossibility-no defense
2) Abandonment-withdrawal
3) Member of Protected Class: Valid Defense

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ATTEMPT
Popular Approach

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Popular Approach: An act done with the intent to commit a crime that falls short of completion

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ATTEMPT
Proximate Approach

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Proximate Approach:
Last proximate act-nothing more for defendant to do to commit crime.
Physical proximate-close to commit crime

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ATTEMPT
Probable Desistance Approach

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When the act reaches a point where most people would desist and turn back into law abiding citizens

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ATTEMPT
Unequivocal Approach

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Act itself is evidence of the criminal intent-res ipsa loquitor

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ATTEMPT
Preferred Approach

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A substantial step towards the completion of a crime with intent to complete the crime

NOTE:Attempt merges into completed crime

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ATTEMPT
Transferred Intent Doctrine

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Does not apply unless a death occured to an unintended victim

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DEFENSES TO ATTEMPTS

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Traditionally; no defenses
1) Impossibility; as def see's them
"Is it a crime?" If yes-factual impossibility is no defense
Exception: success to remote
Is it a crime?- NO
Legal impossibility is a valid defense.

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HOMICIDE

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The killing of one human being by another

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MURDER

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The killing of one human being by another with malice aforethought

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FELONY MURDER

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If a death occurred during the perpetration of a felony(BARR), malice is implied.

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MALICE

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Express: Intent to kill;know with
substantial certainty;deadly weapon doctrine
Implied: Intent to commit serious bodily harm; Wanton conduct; Extreme difference to human life
a) Act that creates high risk of death b) act of little or no social value c) act was performed intentionally d) defendant was aware of the risk

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REDLINE VIEW

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Co-felon dies: felon is not liable for death
Third party: split opinion

Common law: Felon liable

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2nd DEGREE MURDER

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Common law Murder: anything except 1st degree

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1st DEGREE MURDER

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Intent to kill plus premeditation and deliberation

SPECIFIC INTENT CRIME
Transferred Intent Doctrine applies

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VOLUNTARY MANSLAUGHTER

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Is mitigated murder

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INVOLUNTARY MANSLAUGHTER

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Homicide without malice during an unlawful act

) Intent to commit less than great bodily injury)criminal negligence/recklessness

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MISDEMEANOR MANSLAUGHTER RULE

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Malum in se crimes; Felonies not dangerous to human life
does not have to be independent or collateral

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BATTERY
Criminal

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Unlawful application of force either harmful or offensive to the person or another

GENERAL INTENT CRIME

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TRANSFERRED INTENT DOCTRINE

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Defendant may be liable for TID where she intends the harm that is actually caused, but to a different victim or object.

For General Intent Crimes
Battery;Manslaughter; Rape; Kidnapping, False imprisonment
1st Degree Murder

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ASSAULT:
Attempted Battery Type

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substantial step towards completion of a battery with SPECIFIC INTENT to commit the battery

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ASSAULT:
Apprehension Type

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SPECIFIC INTENT to cause apprehension to receive a battery

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ASSAULT
Aggravated

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Assault with a deadly weapon OR with specific intent to maim, rape or murder

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RAPE

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Sexual intercourse with a woman by a man not her husband without consent

GENERAL INTENT

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STATUTORY RAPE

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Sexual intercourse with a female under a certain age
STRICT LIABILITY CRIME

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FALSE IMPRISONMENT

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is the unlawful confinement of a person to a bounded area by force or threats of force

GENERAL INTENT

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KIDNAPPING

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secreting away of a person

GENERAL INTENT

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MAYHEM

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Disablement, disfigurement or dismemberment of a person with the extent of the injury to be permanent

MALICE CRIME

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BURGLARY

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Trespassory breaking and entering into the dwelling house of another in the nightime with the specific intent to commit a felony

STATUTORY: Entry into any structure at anytime with specific intent to commit a crime

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ARSON

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burning of a dwelling house of another with malice

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LARCENY

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Trespassory taking and carrying away of personal property of another with specific intent to permanently deprive.

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LARCENY BY TRICK

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Larceny where consensual taking was induced by misrepresentation

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CONTINUING TRESPASS DOCTRINE

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wrongful trespass: defendant knows he has no right to possess property. Larceny occurs when mens rea is formed.

Innocent trespass: if defendant believes he has right to possess; doctrine does not apply.

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EMBEZZLEMENT

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Wrongful conversion of property of another by defendant in rightful possession with intent to defraud.

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FALSE PRETENSES

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obtaining title of property of another with by fraud with intent to defraud.

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ROBBERY

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Trespassory taking and carrying away of personal property of another by force or threats of force to the person(or family) with the specific intent to permanently deprive

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RECEIVING STOLEN PROPERTY

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Receiving possession of stolen property, knowing it to be stolen with intent to permanently deprive.

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MALICIOUS MISCHIEF

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destruction or damage of property of another with malice

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FORGERY

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False making or altering of a writing with intent to defraud.

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COUNTERFEITING

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is the unlawful making of false money with specific intent to defraud

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ATTEMPT

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is the taking of a substantial step towards the completion of ( )
with the specific intent to.....


MERGES INTO COMPLETED CRIME

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DEFENSES
IMPOSSIBILITY

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FACTUAL IMPOSSIBILITY: no defense
LEGAL IMPOSSIBILITY:defense

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DEFENSE TO CONSPIRACY

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Withdrawal is communicated with ample time before crime to co-defs

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DEFENSES

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1) Self-defense(reasonable force, no retaliation), deadly force if immediate danger of unlawful deadly attack

2) Defense of others;
C/L Alter ego doctrine/Majority rule; can use force 3rd party is allowed. Majority allows for mistakes.

Defense of Property: No deadly force to to personal property

Defense to Habitation:
Deadly forces used by trespasser committing dangerous felony(Burgulary/Arson)not to trespass alone.

Crime Prevention: No deadly force may be used to prevent a felony or breach of peace except dangerous felony involving risk to human life.

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DEFENSES

Duress

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defendant commits a crime in response to a threat of serious bodily harm or death.(not for homicide)

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DEFENSES
Necessity

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Defendant commits criminal act under threat of natural forces/ Balance harm anticipated v harm inflicted

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DEFENSES
Consent

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Victim cannot consent to a felony
May negate "trespassory or w/o consent elements

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DEFENSES
Mistake of Law

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generally no defense to crime even if based on advice of attorney
except where statute not published;reliance on alt decision;official interpretation

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DEFENSES
Mistake of Fact

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Valid defense for all crimes except strict liabilty
Test: As defendant thought them to be: IS IS A CRIME?
Yes-no defense No-defense

Unreasonable mistake: reasonable person would not have made the mistake.

TEST: Take the fact as defendant thought them to be
IS IT A CRIME?
Yes-no defense
No-Valid defense

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DEFENSES
Mistake of Fact

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Valid defense for all crimes except strict liabilty
Test: As defendant thought them to be: IS IS A CRIME?
Yes-no defense No-defense

Unreasonable mistake: reasonable person would not have made the mistake.

TEST: Take the fact as defendant thought them to be
IS IT A CRIME?
Yes-no defense
No-Valid defense

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DEFENSES
Infancy

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cannot commit a crime under 7 years of age.
Between 7-14 rebuttable presumption of inability to commit a crime
14 years or older: treated as an adult

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DEFENSES
INSANITY

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MNaghten:

Mental illness: defendant does not know the nature and quality of his act; defendant does not know what he is doing wrong(Maj)=morally or legally wrong

IRRESISTIBLE IMPULSE
Result of mental illness; def unable to control his actions

Some jurisdictions combine with Mnaghten test

Durham Test
defendant suffers from mental illness and "BUT FOR" the mental illness would not have committed the act

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DEFENSES
INTOXICATION

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defendant is under the influence of drugs or alcohol

VOLUNTARY INTOXICATION
Valid defense for specific intent crimes only
INVOLUNTARY INTOXICATION
By force or fraud: defendant must satisfy jurisdictions insanity defense