Criminal Law

Front 1

Elements of a Crime

Back 1

(1) Actus Rea
(2) Mens Rea
(3) Concurrence
(4) Harmful Result and Causation

**State must prove all elements of a crime beyond a reasonable doubt EXCEPT possibly affirmative defenses or jurisdictional facts to establish venue

Front 2

Physical Act

Back 2

To be criminally liable, D must have either performed a voluntary physical act or failed to act under a duty.

**MUST be voluntary

Front 3

Involuntary Act

Back 3

There are three possible scenarios:
(1) D is physically forced into the unlawful act

(2) Act is the result of a seizure

(3) Act occurs while D is unconscious or asleep unless D knew she might fall asleep

Front 4

Omission

Back 4

D's failure to act will result in criminal liability if three requirements are satisfied:

(1) Legal Duty to Act

(2) Statute/Crime that prohibits causing a particular result

(3) Facts establishing that D, by doing nothing, substantially contributes to the result.

Front 5

Legal Duty

Back 5

(1) Contract obligates the person to take action

(2) Close relationship

(3) Voluntary assumption of care

(4) Creation of peril

(5) Statute

Front 6

Types of Mental State Crimes

Back 6

(1) Specific Intent Crime
(2) Malice Crimes
(3) General Intent Crime
(4) Strict Liability Crimes

Front 7

Specific Intent Crime

Back 7

Actor must have intended to do the act or caused the harm prohibited by the statute

Note: Defenses of Voluntary Intoxication and Unreasonable Mistake of Fact are OKAY!

Front 8

List of Specific Intent Crimes

Back 8

Solicitation
Attempt
Conspiracy
Assault
Larceny and Robbery
Burglary
Forgery
False Pretenses
Embezzlement

Front 9

Malice Crime

Back 9

Requires a showing of either intent or a "depraved heart"

[i.e. super reckless]

Front 10

Malice Crime List

Back 10

Murder
Arson

Front 11

General Intent Crime

Back 11

Requires showing of reckless ness

[Actor does not have to intend act or result]

**Transferred intent possible

Front 12

General Intent Crime List

Back 12

Battery
Rape
Manslaughter

Front 13

MS: Mental State Requirements

Back 13

Generally continues to follow common law distinctions except as noted in particular definitions of particular crimes

Intent or malice may be proved from circumstances surrounding the crime.

Front 14

Particular Result to Establish Criminal Liability

Back 14

State must prove two things to establish cause:

(1) The cause in fact AND
(2) Criminal proximate cause of the result

**Courts apply a "but for" test to determine cause in fact.

Front 15

Criminal Proximate Cause

Back 15

An act is the criminal proximate cause of all the natural and probable consequences of the act.

Front 16

Accomplice Liability

Back 16

(a) Help/Assist another person to commit the crime
AND
(b) Intent that the crime be committed.

Exception: No criminal liability if the alleged accomplice is a member of the class of people the statute is designed to protect (ex. Statutory Rape)

**Same in MS

Front 17

Accessory after the Fact

Back 17

One who recieves, comforts, or assists another knowing that he has committed a felony.

"harboring a fugitive"

Punishment typically bears no relationship to the prinicipal offense

Front 18

Exclusions from Accomplice Liability

Back 18

(a) Member of the protected class

(b) Withdrawal

Front 19

Withdrawal from Accomplice Liability

Back 19

Before the act is committed, a person withdraws from the encouragment.

IF just encouraged the act, must repudiate this encouragement

Must inform the authorities.

Front 20

Common Law Murder

Back 20

Unlawful killing of another human being with malice aforethought.

Front 21

Malice Aforethought

Back 21

Established in four ways:

(1) Intent to Kill
(2) Intent to inflict serious bodily harm
(3) Awareness of extreme risk to human life
(4) Felony Murder [death of another during or in flight from the commission of a crime.

Front 22

First Degree Murder

Back 22

(a) All killings that take place with premeditation and deliberation
AND
(b) Killings occurring during the commission of certain dangerous felonies

Note: Premeditation and deliberation can be formed in a very short period of time.

Front 23

Second Degree Murder

Back 23

Person intend to inflict serious bodily harm and death results
AND
Person acts with a depraved, wicked mental state and death results

Front 24

Manslaughter

Back 24

Unlawful killing of another human being without malice aforethought

Front 25

Voluntary Manslaughter

Back 25

Killing that takes place during the heat of passion after sufficient provocation

Front 26

Misdemeanor Manslaughter

Back 26

Killing that takes place during the commission or flight from commission of a misdemeanor

Front 27

Non-Capital Murder
[Mississippi]

Back 27

Killing of human being without authority of law:

(a) Done with deliberate design to cause death of person [transferred intent applies]

(b) Done during commission of imminently dangerous act evincing a depraved heart

(c) Done during commission of, or attempt to commit, felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, child rape, or felonious abuse/battery of a child.

Front 28

Capital Murder
[Mississippi]

Back 28

Killing of a human being without authority of law:

(a) When victim is a peace officer or fireman acting in official capacity and defendant knows status of victim

(b) Perpetuated by person under sentence of life imprisonment

(c) Done during commission of, or attempt to commit, rape, burglary, kidnapping, arson, robbery, sexual batter, or felonious abuse/batter of child/child rape

Front 29

Excusable Homicide
[Mississippi]

Back 29

(a) When committed by accident and misfortune while doing a lawful act

(b) When committed by accident and misfortune in the heat of passion with sudden and sufficient provocation

(C) When committed upon sudden combat without taking undue advantage, using a dangerous weapon or done in a cruel or unusual manner

Front 30

Weathersby Rule
[Mississippi: Excusable Homicide]

Back 30

If D and eyewitness give reasonable account of killing that is not substantially contradicted by credible witnesses, physical evidence, D's conduct after killing or commonly known fact, court required to enter judgment of acquittal.

Front 31

Manslaughter
[Mississippi]

Back 31

(a) Killing of a human being without malice by the act of another during commission of or attempt to commit felony other than rape, kidnapping, burglary, arson, robbery, sexual batter, childrape or felony abuse of a child.

(b) Killing of a human being without malice during commision or attempt to commit a misdemeanor

(c) Killing of another human being without malice in the heat of passion in a cruel manner or with dangerour weapon

(d) All unlawful killings not covered by other statutes.

Front 32

Common Law Battery

Back 32

Unlawful application of force to the person of another resulting in either bodily injury or offensive contact.

[General Intent Crime]

Front 33

Common Law Assault

Back 33

(1) An attempted battery

(2) Placing another person in reasonable apprehension of bodily harm

Front 34

Assault
[Mississippi]

Back 34

***Both battery and assault are called assault.

(1) Simple Assault
(2) Simple Domestic Assault
(3) Aggravated Assault
(4) Aggravated Domestic Assault

Front 35

Simple Assault
[Mississippi]

Back 35

(a) Person attempts to cause or purposefully or knowingly causes physical injury to another
OR
(2) Person attempts by physical menace puts another in fear of imminent serious bodily harm.
OR
(3) Negligently causes bodily injury with a deadly weapon or other means likely to cause death or serious bodily injury.

Front 36

Simple Domestic Assault

Back 36

Simple Assault + Commission against a member of D's family/household who lives or formerly lived with D, a current or former spouse, the parent of D's child, or someone in current dating relationship with D.

Front 37

Aggravated Assault

Back 37

Attempts to cause serious bodily injury or purposefully, knowingly, or recklessly causing serious bodily injury in circumstances manifesting extreme indifference to human life
OR
Attempts to cause or purposefully, knowingly, or recklessly causing bodily harm with a deadly weapon or other means likely to cause death or serious bodily injury

Front 38

Common Law False Imprisonment

Back 38

Unlawful confinement of a person without consent

Front 39

Common Law Kidnapping

Back 39

False Imprisonment + Movement OR Concealment

**Movement must be significant

**Concealement must be secretive

Front 40

Kidnapping
[Mississippi]

Back 40

Unlawful, forcible seizure and confinement of any person with intent to confine or imprison.

**Doesn't have to be secret confinement

Front 41

Common Law Rape

Back 41

Forced sexual intercourse by a man on a woman not his wife without consent

Front 42

Rape
[Mississippi]

Back 42

(1) Forced/Forcible Sexual Intercourse
(2) Evidence of penetration required unless it is a child under 6yrs
(3) Showing of actual force not necessary if victim has reasonable apprehension of serious bodily harm
(4) Applies even if victim is the spouse

(Life Imprisonment)

Front 43

Sexual Battery
[Mississippi]

Back 43

Sexual penetration and either:

(a) without consent
(b) with a mentally defective or incapacitated or physically helpless person
(c) With a person between 14 and 16, if the D is 36+ months older than victim
OR
(d) With a child under 14, if the D is 24+ months older
(e) Does not apply to spouses unles separated and living apart unless forced/forcible penetration without consent.

Front 44

Statutory Rape
[Mississippi]

Back 44

(a) Person over age of 17 has sexual intercourse with child who is between the ages of 14-16, at least 36 months younger than D, and is not D's spouse.

(b) Person of any age has sexual intercourse with child who is under the age of 14, at least 24 months younger than D, and is not the D's spouse.

**Consent is not a defense.

Front 45

Common Law Larceny

Back 45

Intentional taking and carrying away of personal property in the possession of another person, without consent and with the intent to permanently deprive the other person of the property.

**Must be intent to take property of another; if actor believes it is his property, no larceny

**Slightest movement is enough if actor has complete control at the time.

Front 46

Not Larceny

Back 46

Property must have been in legal possession of another.

If actor had lawful right to possession of property and then decided to keep it, there is NO LARCENY.

**Must intend to permanently deprive victim of the property

Front 47

Common Law Embezzlement

Back 47

Intentional fraudulent conversion of property of another by someone in lawful possession

**If had legal possession when he decided to take, the crime is embezzlement.

(Employee situations)

**No taking and carrying away required, only need to show use inconsistent with trust arrangement under which actor had possession.

Front 48

Common Law False Pretenses

Back 48

Actor with the intent to defraud obtains title and possession of property of another through fraud/lies.

MUST HAVE TITLE AND POSSESSION.

Front 49

Larceny
[Mississippi]

Back 49

Unlawful taking and carrying away of the personal property of another with the intent to deprive the owner of property

**Grand Larceny: Greater than $500

**Petit Larceny: Less than $500

Front 50

Embezzlement
[Mississippi]

Back 50

Wrongful appropriation of property of another where original possession or taking lawful or with owner's consent

FELONY: if greater than $500

MISDEMEANOR: if less than $500

(totals can be aggregated together)

Front 51

False Pretenses
[Mississippi]

Back 51

Obtain something of value by false representation of fact with the intent to deceive.

Front 52

Common Law Robbery

Back 52

Taking of personal property of another from the person or in their presence by force or intimidation with the intent to permanently deprive the person of the property.

Front 53

Robbery
[Mississippi]

Back 53

Felonious taking of property of another by violence or putting other owner in fear of immediate bodily injury.

**Robbery committed with use of deadly weapon is armed weapon.

Front 54

Common Law Burglary

Back 54

Breaking and entering of the dwelling place of another at night with the intent to commit a felony inside

**Breaking: open closed door or window

**Entry: crossing into house or dwelling

**Dwelling place includes vacation home

**Nighttime: unable to make out villain's features by natural light

**Intent to commit felony: must exist at time of breaking & entering. (if formed after breaking, NOT BURGLARY)

Front 55

Burglary: Inhabited Dwelling
[Mississippi]

Back 55

Breaking and entering of a dwelling house or inner door of house of another, with or without a deadly weapon, with intent to commit crime in the dwelling

**Can occur anytime (Day or Night)

**Dwelling house includes every building immediately connected to the dwelling, including vacation home

Front 56

Burglary: Other than Inhabited Dwelling
[Mississippi]

Back 56

Breaking and entering of building other than a dwelling (including booths, tents, boats, cars, trucks, etc) with intent to steal or commit a felony within.

(Applies to building not immediately connected to a dwelling house)

***Possession of burglary tooks an independent crime.

Front 57

Common Law Arson

Back 57

The malicious burning of the dwelling house of another

**Malice crime so intent or super reckless required.

**Need damage by fire not just smoke ("charring")

Front 58

First Degree Arson
[Mississippi]

Back 58

Willful and malicious setting fire to or burning any dwelling house

(a) Dwelling need not be occupied

(b) Includes garage, barn, or other outer building

(c) Also includes places of worship

Front 59

Second Degree Arson
[Mississippi]

Back 59

Willful and malicious setting fire to or burning any other building.

Front 60

Third Degree Arson
[Mississippi]

Back 60

Willful and malicious setting fire to or burning any personal property

Front 61

Fourth Degree Arson
[Mississippi]

Back 61

Willful and malicious attempts to set fire to or attempts to burn any such building or property mentioned above

Front 62

Common Law Solicitation

Back 62

Asking another person to commit a crime with the intent to see them commit the crime

**Crime complete at the time of asking

**If person commits crime then solicitor liable for crime as an accomplice. (but under doctrine of merger, just liable for crime, not solicitation as well)

**SAME IN MS

Front 63

Common Law Attempt

Back 63

Actor is guilty of attempt if:
(1) Specific Intent to commit crime

AND, EITHER

(2) Behavior that puts D in close proximity to intended crime OR substantial step toward completion

IF crime completed, it merges into crime.

Front 64

Attempt
[Mississippi]

Back 64

(1) Specific intent to commit crime

AND

(2) Overt act toward completion.

[Voluntary withdrawal is a defense]

Front 65

Common Law Conspiracy

Back 65

Agreement between 2 or more people to commit a specific intent crime.

**Overt act in furtherance of conspiracy.

**Can be implied and DOES NOT MERGE

Front 66

"Two Guilty Minds" Rule

Back 66

Agreement must be between two potentially guilty parties

Front 67

Withdrawal from Conspiracy

Back 67

Eliminates liability for future crimes, but requires communciation of withdrawal to co-conspirators.

MS: Withdrawal requires exhibition of unequivocal conduct.

Front 68

Conspiracy
[Mississippi]

Back 68

Agreement between 2 or more parties to commit crime.

**"Two Guilty Minds" Rule does not apply

**No overt act required.

Front 69

Defenses

Back 69

(1) Mistake of Fact

(2) Intoxication

(3) Self Defense

(4) Defense of Property

(5) Insanity

(6) Infancy

(7) Duress

(8) Entrapment

Front 70

Mistake of Fact

Back 70

If the D has made a mistake with respect to one of the elements of the crime, the D might have a defense

Specific Intent Crime: Mistake IS a defense even if unreasonable.

Malice/General Intent Crime: Mistake is a defense only if reasonable.

SAME IN MS

Front 71

Intoxication (Voluntary)

Back 71

**Defense only to specific intent crimes

**D must be so drunk that hte condition of intoxication makes it impossible to have the requisite specific intent.

NOT A DEFENSE IN MS!

Front 72

Non-Deadly Force: Self Defense

Back 72

Person can use non-deadly force if the person reasonably believes they are under attack.

Front 73

Deadly Force: Self Defense

Back 73

Person can use non-deadly force if the person reasonably believes they are under attack and threatened with immediate death or serious bodily harm.

EXCEPT:
(1) When a person is the original aggressor unless withdraws.

(2) When the jurisdiction follows minority rule, must retreat if possible before use of deadly force is justified (except in home)

Front 74

Self Defense
[Mississippi]

Back 74

**Essentially same as Common Law

**Nlo duty to retreat

**IF deadly force is used in defending the person or the person's dwelling, car, or business, a presumption exists that the person using the force reasonably believed they were under imminent threat of death or serious body injury

Front 75

Defense of Property

Back 75

Reasonable non-deadly force can always be used.

Deadly can NEVER be used.

SAME IN MS

Front 76

Insanity (Common Law)

Back 76

Did the D know right from wrong?

[M'Naughten Rule]

Modern: Did the D lack the substantial capacity to appreciate wrongful nature of conduct OR conform conduct to law?

(measured at time of act)

Front 77

Insanity
[Mississippi]

Back 77

Was D unable to appreciate wrongful nature of conduct?

Distinguish right from wrong?

Basically, the M'Naughten Rule

**D presumed sane, but when D offeres evidence creating a reasonable doubt as to D's sanity, state must prove sanity beyond a reasonable doubt.

(measured at time of act)

Front 78

Competence

Back 78

(measured at time of trial)

Does D understand the nature of the charges AND can the D assist in defense of the charges?

**Can be given psychotropic drugs if medically appropriate and even if D objects.

Front 79

Infancy (Common Law)

Back 79

If the child is under 7, NO criminal liability.

If the child is between the ages of 7-14, rebuttable presumption that child cannot form necessary mental state.

Person over the age of 14 treated as an adult.

Front 80

Infancy
[Mississippi]

Back 80

No child under 13 is criminally responsible (except traffic, alcohol, or game-related violations)

Children between ages of 13-18 handled by Youth Court

For capital cases, circuit court has original jurisdiction regardless of age.

Front 81

Duress (Common Law)

Back 81

D must establish that the crime was committed under threat of immediate death or serious bodily harm.

Front 82

Duress
[Mississippi]

Back 82

D must establish:
(a) crime was committed due to an impelling danger that was present, imminent, impending and could not be avoided.

(b) Also referred to as necessity/coercion

Front 83

Entrapment (Common Law)

Back 83

D must establish:

(1) Criminal design originated with the law enforcement officer
AND
(2) D was not predisposed to commit crime

Front 84

Entrapment
[Mississippi]

Back 84

(1) Criminal idea originated with the law enforcement officer
AND
(2) Law enforcement officiers urged and induced the person to commit the crime
AND
(3) D was not predisposed to commit crime.

**Must prove above by clear and convincing evidence.

Front 85

Entrapment Per Se

Back 85

Occurs as a matter of law when law enforcement officer provides the contraband

Front 86

Death Penalty: Test for State Statutory Scheme

Back 86

(1) Decision maker [jury] must be given reasonable discretion to not give death penalty regardless of crime committed

(2) Decision maker must be given reasonable amount of info about the D upon which to make a decision.

(3) Decision maker must be given guidance in the statute regarding the relevant factors to consider in making the decision.

Front 87

Death Penalty NOT Applicable

Back 87

(1) Crime of Rape

(2) D under the age of 18 at the time of the crime

(3) Felony murder if D was only an accomplice and no intent that deadly force be used or not reckless with disregard

(4) Mentally handicapped