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89 Cards in this Set
- Front
- Back
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Classification of Crimes
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Felony / Misdemeanor
Malum in Se / Malum Prohibitum |
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Actus Reus and Mens Rea
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Actus Reus: The physical act necessary for the crime
Mens Rea: The mental state necessary for the act to be criminal Generally AR and MR must occur concurrently. |
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Parties to the Crime
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Principal in 1st Degree: Commits acts which constitute crime.
Principal in 2nd Degree: Present during crime and assists encourages, facilitates, or directs actions of perpetrator Accessory Before the Fact: Not present during the crime, but solicits, aids, encourages perpetrator Accessory After the Fact: Assists person known to have committed a crime in avoiding apprehension or prosecution. Most states have abandoned these distinctions and hold all participants equally liable as aiders adn abettors, except accessories after the fact who are not liable for acts prior to their involvement. |
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Specific Intent vs. General Intent
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General intent is the intent to perform or cause to be performed the actus reus. A crime requiring this intent is called a general intent crime.
Specific Intent: Crimes that require the presence of two states of mind: Intent to cause the actus reus PLUS intent to cause some further objective or goal. Common SPECIFIC INTENT CRIMES: Burglary, assault, murder, attempt, conspiracy, theft and solicitation. |
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Varying Mental States
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Actual Intent
Wantonness/ Recklessness Criminal Negligence Malice Knowledge Strict liability Willfulness Premeditation and Deliberation Transferred Intent |
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Define: Actual Intent
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Where D actually intends to cause the actus reus, or is substantially certain that his act will create the actus reus
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Define: Wantonness / Recklessness
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Where D intentionally performs the act that creates a very high probability that the actus reus will occur.
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Define:Criminal Negligence
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Where D should have been aware that his conduct creates a high probability that the actus reus will occur.
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Define: Malice
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Actual intent or wantonness (but not criminal negligence) without any exculpating or mitigating factors.
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Define: Knowledge
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Where D has knowledge of a certain fact.
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Define: Strict Liability
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No intent necessary
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Define: Willfulness:
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Ambiguous term which usually means that one must realize at the time of his act that he violated the law.
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Define: Premeditation and Deliberation
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Premeditation means taht the idea of killing was "turned over" in the mind or given a second thought. Deliberation means that D was acting calmly, as opposed to impulsively or in sudden anger.
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Define: Transferred Intent
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D's intent aims criminal act at one party, but causes it to another. D's intent is treated as if he intended injury to that other person.
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Define: Solicitation
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Inciting another to commit any felony or misdemeanor involving breach of the peace.
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Elements: Solicitation
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Actus Reus: Instigation or origination of criminal scheme.
Mens Rea; Specific intent to incite another to commit a crime. |
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Solicitation: Vicarious liability
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Vicarious liability- accomplice liability if one solicited either attempts or perpetrates crime.
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Solicitation: Merger
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Merger: Solicitation merges into conspiracy or accomplice liability.
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Solicitation Withdrawal
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Withdrawal: Solicitor who withdraws remains guilty of solicitation, but avoids accomplice liability.
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Define: Attempt
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An act in the direction of perpetrating an intended crime.
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Attempt: Elements
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Actus Reus: D must commit an act that goes beyond mere preparation
Mens Rea: Specific intent to perform or cause an act which if accomplished would be the target crime. |
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Attempt: Merger
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Attempt merges into completed target offense
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Attempt: Withdrawal
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Maj: Abandonment of plan does not excuse liability.
Min: Absolved of liability if D voluntarily, permanently and successfully abandons criminal project. |
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Attempt: Impossibility
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Factual impossibility is not a defense.
Legal impossibility is. |
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Attempt: Mistake of Fact
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Attempt is a specific intent crime. Any mistake of fact, reasonable or unreasonable, is a defense.
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Conspiracy: Define
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A combination or agreement for an unlawful purpose.
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Conspiracy: Elements
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Actus Reus: Mere act of two or more persons combining or joingin together to achieve an unlawful goal. (Majority requires an overt act)
Mens Rea: Actual intent to combine and specific intent to achieve unlawful goal. |
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Conspiracy: Withdrawal
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Not a defense, unless conspirator withdraws before commission of the overt act (MPC: Voluntary withdrawal is a defense where D thwarts success of conspiracy)
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Conspiracy: Vicarious Liability
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Pinkerton Rule: Conspirator is liable for any criminal act of co-conspirators in furtherance of the conspiracy.
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Conspiracy: Merger
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No merger
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Conspiracy: Wharton's Rule
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It takes two to tango: A crime that by its nature requires at least two persons acting in concert cannot be prosecuted as conspiracy (e.g. adultery, fornication, etc.)
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Conspiracy: Impossibility
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Where the conspiratorial objective is legal, there is no conspiracy--regardless of the parties intent.
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Conspiracy: Chain vs. Wheel Theories
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Chain theory: D's liability extends to the acts of any other co-conspirator.
Wheet theory: D has no liability for other parties' independent acts with confederates. |
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Battery: Define
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Intentional or criminally negligent application of unlawful force to the person of another.
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Battery: Elements
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Actus Reus: Any unlawful touching, no matter how slight.
Mens Rea: Actual intent either to contact the V or criminal negligence. |
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False Imprisonment: Define
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Intentional use of force to confine the person of another
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False Imprisonment: Elements
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Actus reus; Use of force and confinement against the person of another.
Mens Rea: Actual intent to exert force and achieve confinement. Force: May be exerted by physical barriers, physical restraint or threats. |
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Mayhem: Define
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Maiming or disfiguring another with malice
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Mayhem: Elements
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Actus Reus: Causing bodily injury to another which permanently disfigures or maims another.
Mens Rea: Presence of actual intent or wanton conduct. |
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Assault: Define
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"Attempted battery"
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Assault: Elements
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Actus reus: Act of perpetration
Mens rea: With specific intent to commit an act which would be battery. (Minority: requires present ability to injure V.) |
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Assault: Intentional Inducement of Fear Rule
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Menacing act or gesture with specific intent to produce in another a fear of imminent battery.
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Aggravated Assault:
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Some states treat assault as a felony if aggravating factors are present (i.e. deadly weapon.)
NO ATTEMPTED ASSAULT |
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Rape: Define
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Sexual intercourse with a female not the perpetrator's wife when he knows or should know it is without consent.
(Statutory rape is sexual intercourse under a statutory age specified by law, even WITH consent) |
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Rape: Elements
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Actus Reus: Slightest penetration of vaginal area without consent.
Mens Rea: Actual intent to have intercourse or criminal negligence. |
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Kidnapping: Define
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False imprisonment with asportation
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Kidnapping: Elements
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Actus reus: False imprisonment and coerced movement of V.
Mens rea: Actual intent to confine and asport another. |
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Arson: Define
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Malicious burning of the dwelling house of another
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Arson: Elements
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Actus Reus: Any act which causes another's dwelling house to burn.
Mens Rea: Intent that burning take place, or with reckless disregard of an obvious risk that the structure would burn. MODERN LAW: Abandoned the dwelling house requirement. |
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Larceny
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Actus Reus: Trespassory taking and carrying away of another's personal property
Mens Rea: Specific intent to deprive the other person of the property permanently. |
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Burglary: Define
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Trespassory breaking and entering of a dwelling house of another at night with the specific intent to commit a felony or larceny therein.
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Burglary: elements
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Actus reus: Any slight physical intrusion into a dwelling house without consent.
Mens rea: Specific intent to commit a felony or larceny therein. MODERN LAW: Eliminated "breaking and entering" "dwelling house" "nighttime" "intent to commit a felony" requirements. |
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Extortion
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Defined: use of threats of future harm with specific intent to induce another to relinquish property.
D's lawful right to do the threatened act or truth of the information that D threatens to release ARE NOT DEFENSES. |
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Robbery
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Larceny from the person or presence of another by the use of force or intimidation upon her.
Force applied must be designed to effectuate the taking. The property must be taken from the person or presence of the victim. |
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Larceny by Trick
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Use of fraud to procure a temporary delivery of mere possession of another's property with the intent to deprive her of it permanently.
Fraud requires a representation of fact which the maker knows is false, and that the maker intends to cause another to give up property. |
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False Pretenses
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Fraudulent misrepresentation of past or present fact which causes V to pass title to personal property made with the specific intent to defraud.
Majority holds that false-pretenses relate to a past or present fact, minority view is that it includes false promises to do something in the future. |
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Uttering
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Offering as genuine an instrument that D knows to be false with the intent to defraud.
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Receiving stolen property
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Receiving property known to be stolen with the specific intent to deprive the owner of it.
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Embezzlement
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Conversion of personal property of another by a person in lawful possession (fiduciary relationship)
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Larceny by Conversion
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Conversion of personal property by a person in lawful possession with the specific intent to defraud.
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Forgery
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Making of a false writing having apparent legal significance with intent to defraud.
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DEFENSES:
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Drunkenness, Entrapment, Mistake, Age, Necessity, Duress, Insanity, Prevention of Crime, Defense of Others, Defense of Property, Self Defense.
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Drunkenness
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Involuntary intoxication: Results from force, fraud, mistake or medical prescription.
Voluntary intoxication: Applies only to specific intent crimes. |
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Insanity:
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Where mental illness has certain prescribed effects on D's mind, acts that are otherwise criminal are excused
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Insanity: M'Naghten Rule
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Disease of mind causes a defect of reason such that D lacks ability at the time of his actions to appreciate the wrongfulness of actions and nature/quality of his act.
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Insanity: Irresistible Impulse
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Mental disease makes D unable to control his conduct.
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Insanity: ALI Substantial Capacity
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Mental disease causes D to lack substantial capacity to appreciate criminality of her conduct, or to conform her conduct to the requirements of law.
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Insanity: Durham Rule
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But for the mental illness, D would not have committed the act.
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Insanity: Diminished Responsibility
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Mental illness short of insanity may be asserted in homicide cases/specific intent crimes to mitigate culpability or reduce the charge.
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Entrapment:
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D committed act (other than one involving serious injury) because s/he did it at instigation of LEO.
Maj/Fed: Rule focuses on D's subjective disposition to commit the crime. Min: Rule objective effect of police activity on reasonable law-abiding person. |
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Mistake
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An honest mistake that negates a mental state with respect to ANY material element of an offense is a defense.
Mistake of Fact: Look to the reasonableness of the mistake / type of intent required. For malice and general intent crimes, the mistake must be REASONABLE. For specific intent crimes, the mistake can be unreasonable. Mistake of Law: Not a defense unless the gov't has not publicized the law, OR knowledge of the law is a material element of the offense. |
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Age:
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Modern statutes often provide that anyone over a certain statutory age (usually 13-14) is criminally responsible for their acts.
Common law: Child under the age of 7 was not liable. 7-14 years = rebuttable presumption that the child was unable to understand wrongfulness of acts. Many states permit minors charged with serious crimes to be tried as adults. |
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Necessity
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Conduct which would otherwise constitute an offense is justifiable where physical forces of nature make the commission of the crime necessary to avoid a greater evil.
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Duress
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One may excuse actus reus (not a homicide) performed or caused by showing that s/he acted under a threat from another to imminently inflict death or serious bodily harm to himself or to a member of his immediate family. An act committed under duress is "excusable" not "justifiable."
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Prevention of a Crime
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Justified in use of non-deadly force that reasonably appears necessary to prevent a misdemeanor or felony constituting a breach of the peace. Deadly force may be used to prevent a dangerous felony involving risk to human life.
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Defense of Others
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Maj: Holds that D may use such force which she reasonably believes necessary under the circumstances
Min: D may use the same quantum of force in defending another person as the person being defended would be privileged to use. |
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Defense of Property
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One is justified in using that amount of non-deadly force as is reasonably necessary to prevent imminent trespass to his or her real or personal property. Deadly force is not justified except where preventing intrusion into home.
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Self-Defense
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INNOCENT person is justified in using non-deadly force which seems reasonably necessary to prevent physical attack. Deadly force may be used ONLY in response to deadly force.
Maj: NO duty to retreat. Min: Duty to retreat, except in home. |
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Homicide: Define
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Killing of: Any voluntary act/omission that causes death.
A human being: Baby is a human being when it is born alive (i.e. circulation independent of mother) Death occurs when there is a permanent cessation of heartbeat/respiration or brain death. Some states have statutes which define when a fetus is a human being for the purposes of homicide law. By: Apply torts proximate cause rules. Death must occur within 1 year of criminal act (altho' there are some states that extend this to 3 years.) Another: Suicide is not homicide With Criminal Intent: D's state of mind determines whether the crime is murder or manslaughter. |
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Common Law Murder: Define
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Homicide committed with malice aforethought.
Criminal Homicide + -Actual intent to kill -Actual intent to inflict grave bodily injury -Wantonness -Felony Murder Rule: State of mind while one is committing dangerous felony. |
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Felony Murder:
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1) Did unintended death occur during crime?
2) Was the crime a FMR felony? (Burglary, arson, rape, robbery, kidnapping, sodomy) 3) Does the merger doctrine apply? 4) Is the purpose of felony underlying FMR totally independent of homicide? 5) Are all the elements of the underlying felony present? 6) Did killing occur during the perpetration of the felony? 7) Was the killing a foreseeable result of the felony? |
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FMR: Who did the killing?
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CL: Killing could be by co-felon, victim, police officer, or bystander.
Statute: May require that killing be committed by accused / co-felon |
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FMR: Who was the victim?
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CL: FMR applied to killing of ANY person, even a co-felon.
Redline: PA case: FMR does not apply where felon justifiably shot by cop. CA & NY: Victim must be innocent party before FMR applies. |
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Voluntary Manslaughter
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An intentional criminal homicide committed without malice aforethought--i.e. with mitigating factors:
-imperfect self defense, -unreasonable mistake of fact -coercion -voluntary intoxication -mental disease or defect -anger -heat of passion (reasonable provocation + inadequate cooling-off period) |
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Involuntary Manslaughter
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An unintentional homicide committed without malice; an intent to inflict non-serious bodily injury or state of mind one is in when she is acting in a way that creates grossly negligent risk of death or great bodily injury.
Misdemeanor Manslaughter Rule: Accidental killing when engaged in a non-dangerous felony or misdemeanor that is malum in se, is involuntary manslaughter. |
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Defenses to Homicide
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Crime Prevention
Defense of Others Age Self-Defense Insanity Necessity |
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Statutory Categories of Murder
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First Degree
Second Degree |
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First Degree Murder
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Intentional criminal homicide with malice aforethought, premeditation and deliberation. Includes felony murders committed during dangerous felonies (rape, robbery, burglary, arson, kidnapping or sodomy); any murder committed by means of poison, torture, ambush or bomb.
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Second Degree Murder
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Residual category: Any murder which is not in the first degree is in the second degree.
Intentional criminal homicides with malice aforethought, but without premeditation or deliberation. Includes wanton and depraved heart murders. FMR murders not named above. |
