Criminal Law

Front 1

Actus Reus (physical part)

Back 1

The actus reus are the elements of a crime that descibe the actions that the defendant performs or the results brought about by his actions

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Affirmative Action

Back 2

1) volitional acts
2) unconscious acts, generally no liability unless
a) gross negligence
b) mental disease
c) voluntary intoxication

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Negative Action

Back 3

Defendant is not liable for the occurence of an actus reus for failing to act to prevent injury to or the death of a victim.
Exceptions:
1) special relationship
2) duty upon statute, contract, voluntary assumption of care, creation of peril, landowner, duty to control conduct of others

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Mens Rea (Mental part)

Back 4

Elements of a crime which requires particular mental state at the eime of the proscribed crime

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Postive factor

Back 5

Requires particular mental state at the tiem of the proscribed crime

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Negative factor

Back 6

Absence of exculpating factors

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State of Mind (Specific Intent)

Back 7

Solicitation, attempt, conspiracy, theft crimes
An actual intent or purpose to do the prohibited action of the particular crime

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General Intent

Back 8

Rape, battery
General intent consists of the volitional doing of a prohibited act. According, the only state of mind required is an intent to commit the act constituting the crime. General intent need not be specifically proven but can be inferrred from the facts that the defendant engaged in the proscribed conduct

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Strict liability

Back 9

Bigamy/statutory rape
In these crimes only an action no mental state needs to be proven

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Willful/wanton misconduct (murder)

Back 10

As a general rusel these crimes need show only that there was the mental state of recklessness

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Criminal Negligence (involuntary manslaughter)

Back 11

An objective (reasonable person) test is all that is required to prove this mental state. Thuse for involuntary manslaughter, the killing accidental hut a reasonmable person should have known of the subtantial likelihood that death would occur.

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Malice (Murder/arson/mayhem)

Back 12

Malice is satisfied by recklesness of the defendant.

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Knowledge/willfulness (receiving stolen property)

Back 13

Knowledge requires that the defendant subjectively beleived he was doing the proscribed action and is satisfied even if the defendant was hoping he was wrong

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Transferred intent

Back 14

The defendant's intent will be transferred from the intended object or person to the object or person actually injured and criminal liability will follow.

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Model Penal Code

Back 15

1) Purposely - D does an act with the conscious object of causing the criminal result (subjective)
2) Knowingly - D does an act consciously aware of the fact that the criminal result is practically certain (subjective)
3) Recklessly - D is consciously aware of the fact that the act creates a substantial and unjustified risk that a criminal result will occur (Subjective)

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Model Penal Code (continued)

Back 16

4) Negligence - D creates an unreasonable risk that a criminal result will occur (objective)

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Accomplice liability (Common law)

Back 17

1) actual perpetrator
2) at the scene aider
3) pre crime aider
4) post crime aider

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Accomplice where misdemeanor involved

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1) all parties treated as principals
2) post crime aider not recognized

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Accomplice where felony involved

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1) perpetrator - principal in the 1st degree
2) at the scene aider - principal in the 2nd degree
3) Pre-crime aider - Accessory befor the fact
4) post crime aider - accessory after the fact

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Accomplice Modenly

Back 20

All roles termed accomplice

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Accomplice guity

Back 21

1) did D encourage or facilite offense?
2) Affirmative conduct required incited or abetted
3) accessory liability even if crime not completed

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Scope of Accomplic liability

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1) Common law - liability to extend to all probable consequences (foreseeability)
2) Minority rule - MPC - liability limited to contemplated (intended) crimes (those crimes of the perpetrator that D incited)

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Withdrawal

Back 23

1) mut be effectively and timely communicated to all other parties
2) MPC permits if D prevents commission of crim (notification of law enforcement)

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Solicitation

Back 24

Intent to induce another to commit a crime

Mergers with an attempt, conspiracy, or target offense

Withdrawal no effect to the soliciatioon but will avoid accomplice liability

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Attempt

Back 25

A substantial act towards perpetration of an intended crime.

Specific Intent

Withdrawal - Majority no effect if zone of perpetration entered; MPC allowed if voluntarily and successfully abandoned

Impossibility - Defense
1) Factual - D intends and acts to violate law but unknown facts make result impossible

2) Legal - D's conduct even if carried out would not constitute a crime

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Special Approach (SLAP)

Back 26

1) Specific Intent
2) Legal (no attempt) v. Factual impossibility (attempt)
3) Apparent liability
4) Preparation v. Perpetration

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Conspiracy

Back 27

An agreement between two or more persons to committ an unlawful act.

1) Intent - intent to agree/intent to accomplish objective

2) no merger with target crime

3) withdrawal - C/L and majority - No; MPC look for complete abandonment

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Pinkerton Rule

Back 28

Each member of a conspiracy is chargeable with all crim in furtherance of or the natural and probable consequences of the unlawful act (foreseeable) it may be easier to understand this concept in terms of mental state each member of the conspiracy is reasonale for actions of co-conspirators of which they have knowledge with the intent that these additional crimes may occur

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Wharton Rule

Back 29

No conspiracy ang guilt of the target crime if crime requires two parties (adultry, etc) .

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Can a female conspire to commit statutory rape?

Back 30

Female cannot conspire to committ statutry rate (since she is the beneficiary or purpose of the crimes existence)

Front 31

Model Penal Code (continued)

Back 31

4) Negligence - D creates an unreasonable risk that a criminal result will occur (objective)

Front 32

Accomplice liability (Common law)

Back 32

1) actual perpetrator
2) at the scene aider
3) pre crime aider
4) post crime aider

Front 33

Accomplice where misdemeanor involved

Back 33

1) all parties treated as principals
2) post crime aider not recognized

Front 34

Accomplice where felony involved

Back 34

1) perpetrator - principal in the 1st degree
2) at the scene aider - principal in the 2nd degree
3) Pre-crime aider - Accessory befor the fact
4) post crime aider - accessory after the fact

Front 35

Accomplice Modenly

Back 35

All roles termed accomplice

Front 36

Accomplice guity

Back 36

1) did D encourage or facilite offense?
2) Affirmative conduct required incited or abetted
3) accessory liability even if crime not completed

Front 37

Scope of Accomplic liability

Back 37

1) Common law - liability to extend to all probable consequences (foreseeability)
2) Minority rule - MPC - liability limited to contemplated (intended) crimes (those crimes of the perpetrator that D incited)

Front 38

Withdrawal

Back 38

1) mut be effectively and timely communicated to all other parties
2) MPC permits if D prevents commission of crim (notification of law enforcement)

Front 39

Solicitation

Back 39

Intent to induce another to commit a crime

Mergers with an attempt, conspiracy, or target offense

Withdrawal no effect to the soliciatioon but will avoid accomplice liability

Front 40

Attempt

Back 40

A substantial act towards perpetration of an intended crime.

Specific Intent

Withdrawal - Majority no effect if zone of perpetration entered; MPC allowed if voluntarily and successfully abandoned

Impossibility - Defense
1) Factual - D intends and acts to violate law but unknown facts make result impossible

2) Legal - D's conduct even if carried out would not constitute a crime

Front 41

Special Approach (SLAP)

Back 41

1) Specific Intent
2) Legal (no attempt) v. Factual impossibility (attempt)
3) Apparent liability
4) Preparation v. Perpetration

Front 42

Conspiracy

Back 42

An agreement between two or more persons to committ an unlawful act.

1) Intent - intent to agree/intent to accomplish objective

2) no merger with target crime

3) withdrawal - C/L and majority - No; MPC look for complete abandonment

Front 43

Pinkerton Rule

Back 43

Each member of a conspiracy is chargeable with all crim in furtherance of or the natural and probable consequences of the unlawful act (foreseeable) it may be easier to understand this concept in terms of mental state each member of the conspiracy is reasonale for actions of co-conspirators of which they have knowledge with the intent that these additional crimes may occur

Front 44

Wharton Rule

Back 44

No conspiracy ang guilt of the target crime if crime requires two parties (adultry, etc) .

Front 45

Can a female conspire to commit statutory rape?

Back 45

Female cannot conspire to committ statutry rate (since she is the beneficiary or purpose of the crimes existence)

Front 46

Homicide

Back 46

Killing of a human being by another being

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Homicide caustion

Back 47

D's act mut be the actual cause and proximate cause of the criminally proscribed act.

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Homicide causation approach

Back 48

1) Cause in fact
2) direct
3) indirect
4) dependent
5) independent
6) foreseeable
7) unforeseeable

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Murder

Back 49

Unlawful killing of a human being committed with malice aforethought

Front 50

Malice

Back 50

Mens rea
1) intent to kill or
2) intent to cause serious bodily harm or
3) wanton and reckless conduct "depraved heart "
4) FMR

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Felony Murder Rule

Back 51

Any homicide committed in the perpetration of an inherently dangerous felony
1) MARRMA/KSS - burglary, arson, rape, robberty, mayhem, kidnapping, sodomy, sexual molestation
2) attempted BARRM/KSS
3) Felony must be collateral to the homicide
4) Zone of perpetration

Front 52

First degree murder

Back 52

Specific intent to kill plus premeditation/deliberation
1) permeditation requires some thought about the killing prior to the act, one on which the defendant has reflected
2) deliberation requires that the act of the defendant be cold-blooded not implusive

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Second degree murder

Back 53

1) all murder which is not murder in the first degree
2) wanton conduct may equate to murder though not felony murder (gun battle)

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Justification (defense)

Back 54

1) self defense
2) defense of others
3) defense of property
4) pevention of crime
5) necessity

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Excuse Insanity

Back 55

1) M'Naghten
2) Irresistible impulse
3) MPC
4) Durham Rule

Front 56

M'Naughten

Back 56

Right wrong test. Because of mental disease D did not know what he did was morally wrong or did not know the nature/quality of act

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Irresitibile Impulse

Back 57

Inability to control conduct

Front 58

MPC

Back 58

Substantial capacity test. Due to a mental disease or defect in the reasoning, the defendant lacks the substantial capacity to conform his conduct to the law or appreciate the wrongfulness of his conduct

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Durham Rule

Back 59

Was crime product of mental illness

Front 60

Diminished capacity

Back 60

Negates specific intent
1) limited to specific intent crime where recognized

Front 61

Infancy at common law

Back 61

0-6 - incapacity to commit the crime

7-14 - rebuttable presumption

over 14 - juvenile/adult

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Intoxication - involuntary

Back 62

1) involuntary - equivalent to mental illness
1) slipped a micky
b) unexpected reaction to medicine
c) force to injest via threat/duress

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Intoxication -voluntary

Back 63

No excuse unless specific intent crime involved, and drunkenness degates that intent

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Voluntary Manslaughter (mitigation)

Back 64

Intential criminal homicide with malice (mitigated)
1) heat of passion - adequate provocation which would cause a reasonable man to lose his mind self control

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Involuntary Manslaughter

Back 65

Unintentional homicide without malice.
1) malum in se:misdemeanor (assult, battery, larceny)
2) Ciminal nelgience - mor than ordinary but less then wanton
3) intent to inflict non-serious bodily harm

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Battery

Back 66

The unlawful application of force to another's person (general intent)

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Assualt

Back 67

1) Common Law - attempted battery but offense not completed
2) modern law - assault with intent to create apprehension
3) Modern law - aggravated assault - assault with intent to accomplish another crime against the person (rob, rape)

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Rape

Back 68

An act of sexual intercourse accomplished with a person not the spouse of the perpetrator without consent

Common law - unlawful carnal knowledge of a woman against her will

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Mayhem

Back 69

The malicious maiming or disfiguring of another

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False imprisonment

Back 70

Unlawful detention or confinemtn of another

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Kidnapping

Back 71

The intentional and unlawful movement of anther

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Burglary

Back 72

The breaking and entering the dwelling house of another in the nightime with the specific intent to commit a felony therein (larceny will suffice)

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Breaking

Back 73

owner consent/scope
Constructive breaking
internal breaking
breakout theroy

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Dwelling

Back 74

Occupied for sleeping/curtilage
Modernly a public building with the intent to commit a felony during open hours will suffice

Front 75

Arson

Back 75

Malicious burning of the dwelling house of another
1) burning must be charring
2) malice - reckless/wanton conduct
3) leased house is dwelling of tenant

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Larceny

Back 76

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

Front 77

Larceny special principles

Back 77

1) abandoned property = no
2) lost/mislaid property - clues of ownership?
3) larceny by conversion
4) continuing trespass - specific intent formed subsequent to taking

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Larceny by trick

Back 78

Fraud to obtain possesion not title (borrow victim's property, cheating at cards)

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Breaking Bulk Doctrine

Back 79

Contents belong to owner through constructive possession - thus baliee who breaks in in guility of larceny

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Embezzlement

Back 80

Faudulent conversion of rightfully entrusted personal property

Front 81

False Pretenses

Back 81

Obtaining title by means of false representation of past or existing fact
1) specific intent: misreprenstaion must be known to be faluse and intentionally result in permanent deprivation
2) fale statement regarding further services is not false pretenses

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Robbery

Back 82

Larceny from the person or immediately presence of victim by means of force or fear or violence or intimidation

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Armed robbery

Back 83

requires the defendant to be armed and dangerous or deadly weapon

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Receiving stolen property

Back 84

Receiving of property knowning it to be stolen
D must have knowledge (subjective) plus the intent to permamently deprive owner of possession

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Forgery

Back 85

The fraudulent making or alterning of a writing with intent to defraud or deceive

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Uttering

Back 86

Offering as geniune an instrument known to be faluse with intent to defraud

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Extortion

Back 87

Obtaining property from another with consent by means of intimidation which is of a lesser degree than that required for robbery

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Misprision

Back 88

Concealment and nondisclosure of the known felonious conduct of another

Front 89

Breach of the peace

Back 89

any willful act which unreasonably disturbs the pubic peach

Front 90

malicious mischief

Back 90

malicious infliction of injury uon the property of another

Front 91

Mistake of Fact

Back 91

Did D lack the mens rea required for the crime
1) reasonable person rule
2) specific intent crimes do not require that the mistake be reasonable

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Mistake in law

Back 92

Allows defense
1) D reasonably relieed upon official interpretation of law which was later declared invalid

Front 93

Duress

Back 93

1) threat of harm must be imminent
2) no reasonable opportunity to escape
3) valide defense for all crimes except: FMR

Front 94

Consent of victim

Back 94

1) was it voluntary
2) legal capacity
3) free from gross fraud

Front 95

Entrapment

Back 95

Majority - innocent v. predisposed to commit crime
Minority - look to police activity / likihood to induce commission of crime