Criminal Law

Front 1

Mistake of fact

Back 1

If a person commits an act or omits to act under an honest or reasonable belief in the existence of certain facts and circumstances which, if true, should make such an act or ommission lawful.

- MUST be reasonable for general-intent crimes (MPC: negligence)
- DOES NOT have to be reasonable for specific-intent crimes (MPC: purposely, knowingly, recklessly)

- HOW TO: Look at statute/charge and decide whether the crime is general- or specific-intent

(Example: I take your book because it looks just like my book.)

Front 2

Mistake of law

Back 2

When you misunderstand what the law is.

- MUST be reasonable for general-intent crimes (MPC: negligence)
- DOES NOT have to be reasonable for specific-intent crimes (MPC: purposely, knowingly, recklessly)

- HOW TO: Look at statute/charge and decide whether the crime is general- or specific-intent

Front 3

Burglary (p. 408)

Back 3

- A SPECIFIC INTENT crime
- Must have the intent BEFORE entry

- Breaking and entering*
- With the intent to commit a felony therein.

State v. Crossman
- Entering or surreptitiously remaining in a structure,
- With knowledge that the actor is not licensed or privileged to do so;
- With the intent to commit a felony therein.

(Is this statute only for a dwelling?)

Front 4

Robbery (p. 399)

Back 4

Commonwealth v. Jones
- Taking
- With intent to steal
- The personal property of another,
- From his or her presence,
- Against his will,
- By violence or intimidation.

EXPECT ISSUES OF CONCURRENCE.
See custody and possession.

Front 5

Attempt

Back 5

- Intent to commit the crime alleged attempted;
- Some act in furtherance of that attempt.

Front 6

Proximity Approach

Back 6

Act must be sufficiently proximate to the intended crime. (Strictest approach is LAST PROXIMATE ACT.) Most pro-defendant.

Example: You almost have to FIRE the gun. You must look at what is LEFT to occur.

Front 7

Probable Desistance Approach

Back 7

The ordinary course of events would result in the commission of the intended crime except for the intervention of some extraneous factor. (Past the point where most men would think better and desist.)

Think of it as the "Improbable" Desistance Approach, because you're at the point where you wouldn't have desisted in the ordinary course of events.

Example: Act will result unless stopped by an outside factor.

Front 8

Equivocality Approach

Back 8

A step toward the commission of the intended crime, and the doing of the act can have no other purpose than the commission of that crime.

Example: Think of this as the "Unequivocality" Approach.

Front 9

Model Penal Code attempt approach

Back 9

Having the intent to commit the crime and purposefully committing a substantial step in the course of conduct planned to culminate in his commission of the crime.

Front 10

Solicitation

Back 10

The crime of asking another person to join in a course of criminal conduct, with the intent that the other person committ the crime or participate in its commission.