Criminal Law

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Homicide

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The killing of a human being proximately caused by the defendant's act.

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Murder

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A homicide committed with malice aforethought.

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Malice

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Acting with the intent to kill, intent to cause serious bodily injury, a depraved heart or killing during the commission of a dangerous felony.

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Wanton conduct

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More than reckless behavior where the defendant knows or should have known the behavior created a very high risk of death or serious bodily injury.

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Felony murder rule

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A homicide which takes place during the commission or attempted commission of an inherently dangerous felony. Some jurisdictions also find that a felony is inherently dangerous when it is committed in an inherently dangerous manner even if no elects of the offense include dangerous conduct. Each jurisdiction identifies its own list of first degree felony murders.

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Felonies covered by rule

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All inherently dangerous felonies including burglary kidnapping rape, robbery & arson and in some jurisdictions felonies committed in an inherently dangerous way.

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Vicarious liability

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All co-felons are equally liable for the actions of the others.

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Voluntary manslaughter

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A murder committed with the intent to kill but the malice is mitigated

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Mitigation

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A defense for heat of passion murder where the circumstances provoked the defendant to the point where he/she could not reflect before acting. The provocation must be such that a reasonable person would act irrationally and without deliberation under the circumstances. If a reasonable cooling off period has elapsed, there is no mitigation.

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Imperfect self defense rule

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Where defendants mistake of using deadly force is unreasonable but made in good faith b/c defendant believed deadly force was needed.

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Involuntary manslaughter

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A killing without malice either where defendant killed victim in a criminally negligent manner and caused victim to die or under the misdemeanor manslaughter rule

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First degree murder

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An intent to kill with premeditation and deliberation and killing in the course of an inherently dangerous felony

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Second degree murder

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An intentional killing that is not premeditated or planned --any murder that does not qualify for first degree

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Battery

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An intentional unlawful application of force to the victim

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Assault

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Any attempted battery when defendant places the victim in apprehension

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Mayhem

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Intent to maim with resulting injuries as loss of a limb, eyes, nose or sex organs.

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Rape

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Unlawful sexual intercourse without the woman's consent

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False Imprisonment

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The intentional unlawful confinement of the victim.

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Kidnapping

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An aggravated form of false imprisonment. If defendant moves the victim then false imprisonment is escalated to kidnapping.

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Larceny

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The trespassory taking and carrying away of tangible personal property of another with the intent to permanently deprive.

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Robbery

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An aggravated form of larceny from victim's person or presence by force or threat of force.

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Extortion

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Another aggravated form of larceny involving threats of future force or violence to acquire the victim's property.

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Larceny by Trick

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The defendant with the intent to permanently deprive the owner of property, obtains possession of the property by fraud.

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Embezzlement

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The fraudulent conversion of the property of another by one who is already in lawful possession of it.

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False Pretenses

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A false representation of a material present or past fact that causes the victim to pass title to his property to the wrongdoer who knows his representation to be false and intends thereby to defraud the victim.

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Receiving stolen property

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The receiving of stolen property knowing it to be stolen property and done with the intent to deprive the owner of his property.

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Burglary

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The trespassory breaking and entering into a protected structure of another with the intent to commit a felony.

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Arson

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The burning of a protected structure of another with malice.

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Solicitation

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asking someone else to commit a criminal act with the specific intent that the requested crime be committed.

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Conspiracy

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a combination of two or more persons to accomplish some crime or unlawful purpose or to accomplish some purpose not in itself criminal or unlawful by criminal or unlawful means

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Common law definition of conspiracy

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an agreement between two or more people to commit an unlawful act or a lawful act by unlawful means

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MPC Definition of conspiracy

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the majority rule - unilateral conspiracy theory where the agreement by the defendant plus an overt act is enough to be guilty of conspiracy

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Withdrawal

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allows you to cut off vicarious liability and has to be effectively communicated to the other conspirators

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Attempt

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a specific intent to commit a crime and an actwhich tends to consummate the crime - MPC reflects majority rule where the defendantmust purposely engage in conduct which shows that he has taken a substantialstep towards the commission of the offense.

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Self Defense

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where one who is not the aggressor uses reasonable force against another when there is a reasonable belief that there is an immediate danger of unlawful bodily harm and that the use of such force is necessary to avoid this danger.

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Defense of Others

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the use of reasonable force to protect a third party when there is a reasonable belief that they are facing an immediate danger of unlawful bodily harm and use of such force is necessary to avoid that danger.

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Crime Prevention

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one who reasonably believes that a felony or misdeamenor amounting to a breach of the peace is being committed or about to be committed in his presence may use reasonable force to terminate or prevent it.

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Apprehension of a Fleeing Felon

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a justification defense where the victim was engaged in the commission of a dangerous felony, deadly force was reasonably necessary to prevent the commission of the felony and the felon must pose a significant threat to the police or public.

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Defense to specific intent crime

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a good faith mistake of fact even if its unreasonable.

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Defense to general intent crime

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a good faith mistake of fact that must be reasonable.

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Entrapment

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the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, pursuasion or fraud of the officer.

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Principal in the First Degree

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the perpetrator causing the actual result.

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Principal in the Second Degree

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the person aiding and abetting the principal in committing the crime and is present at the scene of the crime.

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Accessory before the fact

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the person who helps prior to the commission of the crime.

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Accessory after the fact

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someone who renders help after the crime is committed.

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Requirements for accomplice liability

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a crime must be commited, another person committed the crime, the defendant had knowledge of it and intentionally aided, abetted, advised or encouraged in the commission or planning of the crime