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74 Cards in this Set
- Front
- Back
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Sleeping
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Actions during sleep, unconsciousness will not be voluntary.
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Willful blindful exception
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Subject liable where he is deliberately ignorant of something that would satisfy mens rea
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3 types of crime
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1) Specific Intent
2) General Intent 3) Strict Liability |
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Specific Intent
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Requires an actual subjective intent to cause a specific result
(Mens rea) = willful, purposeful, knowingly |
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General Intent
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Requires only an intent to do the prescribed act
BAR- Battery, Arson, Rape "Knowingly commit" = general intent |
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Strict Liability
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Requires no mens rea
- Regulatory Offenses - Regulatory of food, drugs,firearms - Morality crimes NN: If they give "knowingly commit" then general intent |
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Mistake of law
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No Defense
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Mistake of Fact
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A defense where it negates the mens rea; must be "honest"
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Mistake of Fact
Specific Intent |
any mistake, reasonable or unreasonable
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Mistake of Fact
General Intent |
only reasonable mistake
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Mistake of Fact
Strict Liability |
Mistake of fact is no defense
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Larceny
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the trespassory taking and carry away the personal property of another with intent to steal
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Elements of a crime
AMC CD |
1) Actus Rea
2) Mens Rea 3) Concurrence 4) Causation 5) Defenses |
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Restoration
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NO DEFENSE to Larceny
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Self-Defense
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-Reasonable non-deadly force is allowed where Defendant reasonably believes it is necessary to avert imminent harm
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Self-Defense
Deadly Force |
Deadly Force- ALLOWED
1) to meet deadly force, or 2) to counter a threat of serious bodily harm |
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Self-Defense
Gen Rule |
No duty to retreat
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Arson
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Malicious burning of dwelling house of another
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Voluntary Intoxication
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A defense to a specific intent crime where it negates the mens rea, but no defense to a general intent crime (i.e. arson)
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Charring
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Charring is sufficient to establish arson!
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Insanity Defense
M'Naghten |
Cognitive Test
1) defendant does not know the nature and quality of his act; or 2) he does not know what he was doing was wrond |
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Insanity Defense
ALI/MPC |
Cognitive, volitional
Defendant lack the substantial capacity either to 1) appreciate the criminality of his conduct, or 2) conform his conduct to the requirements of the law |
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Entrapment
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Available as a defense where defendant is unpredisposed to commit the crime prior to contact by the government (police).
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Criminal Liability for Failure to Act where there is a Legal Duty to Act
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Duty may arise:
1) by statute 2) by contract 3) by creation of victim's peril 4) by relationship (parent for child, husband for wife, wife for husband) |
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4 Forms of Mens Rea
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1) Intent to Kill
2) Intent to cause serious bodily harm 3) Depraved Heart 4) Felony Murder |
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Intent to Kill
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Specific Intent
1st Degree Murder Attempted Murder |
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Intent to cause serious bodily harm
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2nd Degree Murder
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Depraved Heart
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Reckless and Wanton
Negligent 2nd Degree Murder |
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Felony Murder
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Killing which occurs during the commission of attempted of and inherently dangerous felony [BARRK]
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Felony Murder Rule
BARRK |
Burglary
Arson Rape Robbery |
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Insanity Defense
M'Naghten |
Cognitive Test
1) defendant does not know the nature and quality of his act; or 2) he does not know what he was doing was wrond |
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Insanity Defense
ALI/MPC |
Cognitive, volitional
Defendant lack the substantial capacity either to 1) appreciate the criminality of his conduct, or 2) conform his conduct to the requirements of the law |
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Entrapment
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Available as a defense where defendant is unpredisposed to commit the crime prior to contact by the government (police).
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Criminal Liability for Failure to Act where there is a Legal Duty to Act
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Duty may arise:
1) by statute 2) by contract 3) by creation of victim's peril 4) by relationship (parent for child, husband for wife, wife for husband) |
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4 Forms of Mens Rea
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1) Intent to Kill
2) Intent to cause serious bodily harm 3) Depraved Heart 4) Felony Murder |
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Intent to Kill
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Specific Intent
1st Degree Murder Attempted Murder |
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Intent to cause serious bodily harm
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2nd Degree Murder
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Depraved Heart
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Reckless and Wanton
Negligent 2nd Degree Murder |
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Felony Murder
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Killing which occurs during the commission of attempted of and inherently dangerous felony [BARRK]
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Felony Murder Rule
BARRK |
Burglary
Arson Rape Robbery |
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Manslaughter
Voluntary |
Intentional Killing
1) Adequate Provocation-objective 2) Mistaken justification |
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Manslaughter
Involuntary |
Unintentional
1) Gross or criminal negligence- subjective 2) Misdemeanor- manslaughter (Cousin to Felony Murder) |
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Voluntary Intoxication
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Can reduce 1st Degree murder to 2nd Degree, but does NOT mitigate murder to manslaughter
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Solicitation (SI)
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-D. entices, encourages, orders or requests another to commit a crime. The crime is complete at this point.
-Merges into the target offense Applies to felonies and breach of the peace misdemeanors at C/L -No defense at C/L -MPC defense is renunciation |
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Attempt (SI)
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Elements:
1) Intent to commit a crime 2) a "substantial" step in furtherance that goes beyond mere preparation -Merges into the complete offense -Defenses: legal impossibility- Yes Factual impossibility- No |
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Conspiracy (SI)
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Elements (CL):
1) Agreement b/t 2 or more persons- plurality 2) Intent to achieve a criminal objective -Conspiracy does NOT merge -Defenses: Withdrawel is no D. at C/L MPC D if the Defendant "thwarts the success" |
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Unilateral Theory of Conspiracy
MPC §5.03 (1) |
Agreement b/t "2 or more" persons is not required. Only agreement by a single actor agreeing with another is needed.
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Conspiracy
Pincuraton Crimes |
The scope of Conspiracy is all crimes that are committed in furtherance of the conspiracy.
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Pincuraton Crimes Withdraw
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You can withdraw from a Pincuraton Crime but notice must be timely.
NN: it has to be FOG (forseeable out Growth) |
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Majority Agency theory
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Co Def is guilty of felony murder where the killing occurs by on e of the other co Def. (Police kills- no/ Co Def kills yes)
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Accomplice Liability
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An accomplice
1) gives aid or encouragement 2) With the intent to achieve a criminal objective Scope: all crimes "reasonably foreseeable" |
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Battery
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General intent crime
-Unlawful Application of force |
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Assault
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1) Attempted Battery Type - SI
2) Intent to Frighten Type- GI |
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Accessory After the Fact
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-knows of a completed crime and
-Gives aid to hinder apprehension or conviction |
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Robbery
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Larceny:
1) From the person or his presence 2) By force or threats (intimidation) |
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Embezzlement
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Fraudulent conversion of the personal property of another by one in lawful possession
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Burglary C/L
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Breaking and entering the dwelling hose of another at nighttime with the intent to commit a larceny or felony therein.
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Larceny by trick
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Larceny accomplished by fraud or trick
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False Pretenses
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False representation of a past or present material fact which causes the victim to pass title to the wrongdoer.
(bad checks, securities fraud) |
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Presumptions
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-Shifts the burden of production to the opposing party
-Must be accepted as true, unless rebutted -A jury instruction creating a presumption as to an element of the crime charged is unconstitutional and violates due process. |
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Basis for Appeal
Rt to a Jury Trial |
Arises when imprisonment for more than 6 mos. is possible
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Basis for Appeal
Rt. to Counsel |
Arises for felony trials and misdemeanors where imprisonment is actually imposed, or , in the case of an indigent, where a suspended jail sentence is imposed
-violation is automatic grounds for reversal |
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Standing
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Def. must have a possessory interest in the premises searched or in the items seized.
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Inventory Search
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A routine search to protect the arrestee's personal items and to safeguard the police from any claims of theft.
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Reasonable Expectation of Privacy
(REP) |
-If there is a REP, then police intrusion constitutes a search
-If there is no REP, then police intrusion is not a search |
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"Open Fields" Doctrine
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-Applies to the area beyond the "curtilage"
-No REP -No 4th Amend protection -A view of "open fields" is NOT a search |
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"Consent" Search
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Consent extends to all areas where a person with an apparent equal right to use or occupy the property would have joint access or control.
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Dog Sniff
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- A dog sniff of the exterior of a lawfully stopped vehicle does NOT constitute a search
- A positive canine alert provides probable cause to search |
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Search
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1) Probable Cause
2) Warrant, unless an exception: -Stop and Frisk -Search incident to lawful arrest -Plain View -Automobile -Consent -Hot Pursuit -Exigent Circumstances |
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Probable Cause
Based on an Informant's Tip |
"Totality of the circumstances" test:
1) Reliability of the informant 2) Credibility of the information |
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Prosecutorial Comment
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-Both pre-arrest (Jenkins v. Anderson) and post-arrest (Fletcher v. Weir) silence may be used for impeachment where Miranda warnings have NOT been given
-Post-Miranda silence may NOT be used for impeachment (Doyle v. Ohio) |
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Miranda Waiver
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"Totality of Circumstances" test:
1) Competency of the Def 2) Nature of the Police Conduct |
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4 Bases to Attack Admissibility of a Statement/Confession
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1) Voluntariness approach
2) Miranda approach 3) Right to Counsel approach 4) "Fruits of the Poisonous Tree" doctrine |
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Separate Sovereignties Doctrine
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-Retrial by separate sovereignties does not violate double jeopardy (i.e. does not constitute the "same offense")
-Caveat: the city and the state in which it sits are NOT separate sovereignties Exc: (Mistrial, No verdict on Merits) |
