Criminal Law

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Essential Elements of a Crime

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Physical Act
Mental Act

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Ex Post Facto Laws

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Ex Post Facto Law is one that operates retroactively to (i) make criminal act that when done was not criminal (ii) aggravate a crime or increase punishment therefor; (iii) Alter the law of criminal procedure for deprive criminal defendants of substantive right.

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Bill of Attainder

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A bill of attainder is a legislative act that inflicts punishment or denies a privilege without a judicial trial.

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Merger of Solicitation or Attempt into Completed Crime

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One who solicits another to commit a crime cannot be convicted of both the solicitation and the completed crime.

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Elements of A Crime

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(i) Actus Reus (guility act)
(ii) Mens Rea (guilty mind)
(iii) Concurrence: The physical act and the mental state existed at the same time; and
(iv) Harmful Result and Causation: A harmful result caused (both factually and proximately)

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Physical Act

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the defendant must have either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act. An act is defined as bodily movement.

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Legal Duty to Act

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defendant must have a legal duty to act under circumstances. A legal duty to act can arise from the following: 1. statute 2. contract obligating d to act 3) relantionship between d and the victim 3) voluntary assumption of care. 4) creation of peril by d.

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Specific Intent Crimes

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Solicitation: Intent to have the person solicitate commit the crime.
Attempt: Intent to complete the crime

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Specific Intent Crimes

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Conspiracy: intent to have the crime completed.
First degree premeditated murder: Premeditated intent to killl.

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Specific Intent Crimes

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Assault: Intent to commit a battery
Larceny and Robbery: Intent to permanently deprive another of his interest in the property take.

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Specific Intent Crimes

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Burglary: Intent at the time of entry to commit a felony in the dwelling of another.

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Specific Intent Crimes

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Forgery: Intent to defraud
False Pretenses: Intent to defraud; and Embezzlement: Intent to defraud.

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Malice-Common Law Murder and Arson

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the defendant recklessly disregarded an obvious or high risk that he particular harmful result would occur.

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General Intent

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General intent. Awareness of all factors constituting that crime.

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Transferred Intent

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If a defendant intented a harmful result to a particular person or object and, in trying to carry out that intent, cause a similiar harmful result to another person or object, her intent will be transferred from the intended person or object to the one actually harmed. Any defenses or mitigating circumstances that the defendant could have asserted against the intended victim.

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Strict Liability

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offense that does not require awareness of all of the factors consituting the crime.

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Vicarious Liability

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one in which a person without personal fault may nevertheless be held vicariously liable for the criminal conduct of another.

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Enterprise Liability

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Common Law-No Criminal Liability: At common law, a corporation could not commit a crime because it was unable to form the necessary criminal intent. Modern statutes provide for liability of corporation and sometimes even unicorporated association. Act within scope of office or superior agent rule.

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Act within scope of office

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Except where the law specifically provides otherwise the conduc