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145 Cards in this Set
- Front
- Back
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Intent to Kill Murder
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CONDUCT + Intent to Kill which legally causes death
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Intent to Kill Murder
Permissible inference |
one intends the natural and probably consequences of his acts
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Deadly Weapons Doctrine
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It can be inferred that one who intentionally uses a deadly weapon on a vital organ of another human being and thereby kills him intends to kill him.
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Intent to Inflict Serious Bodily Injury Murder
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CONDUCT + Intent to Cause Serious Bodily Injury
**Intnet is inferred from conduct words, circumstances |
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Depraved Heart Murder
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CONDUCT + Awareness of a very high risk of death or serious bodily injury
NO INTENT TO KILL REQUIRED |
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What murder is described as "Outrageously Reckless Conuduct coupled with wanton and wilful disregard of a very high risk of death or serious bodily harm" and there is NO social utility or justification for engaging in the risk
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Depraved heart murder
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Felony Murder
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Homicide is murder when the death results from the perpetration of an inherently dangerous felony.
1)intent to engage in felony 2)causal connection 3)death occurs while "..perpetrating, attempting to perpetrate, or fleeing from the felony" |
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Independant Felonious Purpose (Merger Doctrine)
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a felony will suppoer a conviction of felony murder only if the underlying felony has an independant felonious purpose. MUST HAVE A PURPOSE OTHER THAN TRYING TO CAUSE DEATH OR SERIOUS BODILY HARM
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Inherently dangerous felony limitation
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to support fenlony murder, the felony must be an inherently dangerous felony
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Inherently dangerous felony limitation
2 approaches court uses |
1)consider the elements of the offense in the abstract (Thus, grand theft not an inhrently dangerous felony)
2) Consider both the nature of the felony in the abstract and the circumstances surrounding the commission. |
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Agency Theory (Majority)
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felony murder does no extend to a killing, although growing out of the commission of the felony, if directly attributable to the act of one other than defendant or those associated with him in the unlawful enterprise.
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Proximate Causation Theory
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a felon is liable for any homicide that occurs during the commission of the offense, whether the killer is a felon or a third party, if the killin was the proximate result of the felonious activity.
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Felony Murder (Crimes the allow for this charge BARRK)
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burglary, arson, robbery, rape, and kidnapping
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Voluntary Manslaughter (5 elements)
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1)intentional
2)in a sudden rage of passion 3)engendered by adequate provocation 4)no cooling off period 5)causal connection |
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What is the state of mind for Voluntary Manslaughter
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Intent to kill
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Under common law what acts constitute adequate provocation? (7)
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1) violent physical blows
2)mutual combat 3)aggravated assault 4)adultery 5)words alone are not enough 6)serious injury to 3rd parties (if close relatives) 7)unlawful arrest |
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Mistake of provocation
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if killer reasonably thinks that an injury exists to him even though no injury actually exists, homicide will be reduced to manslaughter
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Involuntary Manslaughter
2 kinds |
1)criminal negligence
2)misdemeanor manslaughter |
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Criminal Negligence Involuntary Manslaughter
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an unintended homicide resulting from acts which are a GROSS DEVIATION from the standard of care a reasonable person would use in which there is a substantial and unjustifiable risk of death
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Criminal Negligence Involuntary Manslaughter
3 elements common law (Modern View) |
1)reasonable person to dtermine if the acts are gross deviation
2) high degree of risk of death or serious bodily harm 3)Conscious disregard of risk (D must be aware that his conduct creates the risk MODERN VIEW -- consciousness of risk is required -->recklessness |
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Involuntary Manslaughter Misdemeanor Manslaughter
Elements |
1)Unlawful act
2)Causal connection between death and unlawful act |
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Involuntary Manslaughter Misdemeanor Manslaughter
What are the limitations of what misdemeanors are applicable ? |
1)Mesdemeanors which are "malum in se"
2)all misdemeanors (OHIO) 3)Misdemeanors which are inherently dangerous (Most frequently tested BATTERY & ASSAULT) |
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Malum-in-se
Where is it applicable to this test? |
evil in itself --- under misdemeanor manslaughter
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Examples of Crimes that are Mala-In-Se
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1)all common crimes
2)malicious injury to property 3)driving while intoxicated 4)public intoxication 5)posession of drugs 6)abortion |
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Mala Prohitbita and Examples
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"acts not wrong in themselves, wroing only because they were prohibited by the legislature"
Eg. -- speeding, failure to yield, leaving the scene, unlawful sale of liquor, public intox, DUI, Hunting w/o permit |
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Assault Elements
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1)attempt to commit a battery OR
2)intentional placing of another in apprehension of an immediate battery |
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Battery Elements
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UNLAWFUL appplication of FORCE to the PERSON of ANOTHER (either) INTENTIONALLY or CRIMINALLY NEGLIGENTLY
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Arson Def
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MALICIOUS BURNING of the dwelling HOUSE of ANOTHER
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Burglary Def
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The BREAKING and ENTERINGof the dwelling HOUSE of ANOTHER in the NIGHTTIME with the INTENT TO COMMIT A FELONY or a THEFT OFFENSE
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Conspiracy Def
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An AGREEMENT between TWO or MORE PERSONS to COMMIT a CRIME + INTENT to commit that crime
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Embezzlement Def
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FRAUDULENT CONVERSION of PROPERTY of ANOTEHRby one who is already in LAWFUL POSSESSION of it.
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False Pretense Def
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FALSE REPRESENTATION of a material PRESENT or PAST FACT which CAUSES the victim to PASS TITLE of his property to the WRONGDOER. Who KNOWS his representation to FALSE and INTENDS to DEFRAUD the victim.
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Larceny Def
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TRESPASSORY TAKING and CARRYING AWAY of the PERSONAL PROPERTY with the INTENT to PERMANENTLY DEPRIVE the OWNER
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Rape Def
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SEXXUAL INTERCOURSE by FORCE or THREAT of force by a MAN with a WOMAN (not his wife) WITHOUT her CONSENT
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Robbery Def
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Larceny from the PERSON by FORCE or THREAT of IMMEDIATE FORCE
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Actus Reus (3 parts)
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1) An ACT -OR-
2) A Failure to ACT (OMISSION) 3)That results in SOCIAL HARM |
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Under Actus Reus what constitutes an ACT?
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voluntary bodily movement
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What constitutes a voluntary movement?
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bodily movement that is willed
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Examples of No willed bodily movement = no actus reus
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1)acts during sleep
2)acts during epiletic seizures muscle spasms 3)acts while inconscious 4)acts effected by physical force of another 5)reflex action |
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For crimes involving possession where is the will bodily movement?
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willed bodily movement = receiving the property or failure to act = failing to dispossess oneself of the property, upon realizing it is in one's possession.
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A failure to act can constitute the Actus Reus when there is a ....
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legal duty to act
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four factors of "omission to act" in order to qualify as actus reus
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1)legal duty to act
2)possbility of performing the needed act 3)knowledge of the facts that call for action (knowledge of the legal duty to act is not required) 4) Causation |
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A legal duty arises in the following 7 way?
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1)realtionship
2)statute 3)contract 4)assumption of care 5)creation of peril 6)control conduct of other 7)landowner |
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Where there is a legal duty to act what are the relationships that compel one with a duty?
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Parent-Child
Husband - Wife Ship captain- crew master-servant |
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When there is a duty based on assumption of care what is this saying?
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once someone starts saving someone, they cannot quit
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How does a duty to act arise when referring to duty to control conduct of others?
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when a car owner is in the car and allows the driver to drive recklessly or with excessive speed.
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Actus Reus (Failure to Act)-- Possibility of Performing the Act?
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no liability if physically unable to perform the needed act
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Actus Reus -- Social Harm
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negation, endangering, or destruction of an indivdual, group, or state interest...demmed socially valuable
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What is a result crime?
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"no one shall cause the death of another"
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What is a conduct crime?
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No one shall drive while intoxicated.
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What are attendant circumstances?
For example with Burglary... |
1) breaking and entering (conduct)
2)dwelling house (attendant circumstance) 3)of another (attendant circumstance) 4) at night (attendant circumstance) Mens Rea --> with the intent to commit a felony or theft offense therein. |
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Mens Rea
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The state of mind, culpable mental state, scienter, criminal intent
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Mens Rea -- Common Law
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"morally blameworth state of mind"
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Mens Rea -- Modern and Narrow Meaning -- What are the 4 culpable mental states that satisfy?
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1)intentionally
2)wilfully 3)maliciously 4)knowingly |
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Mens Rea -- What does purposely constitute?
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if it was the CONSCIOUS OBJECT of the person to engage in CONDUCT of a certain nature to cause a certain result.
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Mens Rea -- Knowingly
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If a person is AWARE that his conduct is of certain nature or that certain circumstnaces exist or that it is PRACTICALLY CERTAIN that his conduct will cause a certain result.
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Mens Reas -- Recklessly
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If a person CONSCIOUSLY DISREGARDS A SUBSTANTIAL AND UNJUSTIFIABLE RISK that a material element exists or will result from his conduct. Gross deviation
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Mens Reas -- Negligently
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If a person SHOULD BE AWARE OF A SUBSTANTIAL AND UNJUSTIFIABLE RISK that a material element of an offense exists or will result from his conduct.
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Mens Rea -- Common Law -- Intentionally
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one intends certain consequences when he CONSCIOUSLY DESIRES
one intends certain consequences when he is AWARE that those consequences are SUBSTANTIALLY CERTAIN TO RESULT Common Law (INTENTIALLY ) = MPC (purposely + knowingly) |
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Mens Rea -- Common Law --
Knowingly |
This regards attendant circumstances...knowing in this context mean AWARENESS of the fact and CORRECT BELIEF of the fact.
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Wilful Blindness
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some court may find that a person had knowledge of a fact or circumstance where there was AWARENESS of a HIGH probability of the existence of a fact and DELIBERATE FAILURE TO INVESTIGATE
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Mens Rea -- Common Law --
Wilfully |
intentionally (purposely + knowingly) + BAD PURPOSE
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Mens Rea -- Common Law --
Maliciously |
INTENT to do the very harm done or a RECKLESS DISREGARD of an OBVIOUS LIKLIHOOD of causing such harm
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Strict Liability
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criminal liability for conduct unaccompanied by fault. NO MENS REA required.
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Strict Liability offenses are mala....
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prohibitum
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Defense to Strict Liability offenses
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No Actus Reas is the only defense
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Common Law Strict Liability offenses
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Statutory Rape & Bigamy
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General Intent Crimes
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a crime in which the only mental state required is the mental state accompanying the actus reus
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Specific Intent Crimes
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a crime that has a mental state in addition to the general intent
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General Intent Crimes examples
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1)Depraved heart murder
2)arson 3)battery 4)rape 5)involuntary manslaughter |
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Specific Intent Crimes
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Assault, assault with intent to..., burglary, robbery, larceny, embezzlement, false pretenses, attempt solicitation, conspiracy, premeditated murder, forgery
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If the Mens Rea is "purposely, knowingly, wilfully, intentionally" what kind of crime is it?
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Specific Intent
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If Mens Rea is "maliciously, recklessly, or negligently" what kind of crime is it?
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General Intent
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Voluntary Intoxication is defense under comon law: for strict liability? , for general intent?, for specific intent?
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strict liability: NO
general intent : NO specific intent: YES, if it negates the specific intent |
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Voluntary Intoxication is defense under the Model Penal Code: for purposely?, knowingly?, Recklessly?, negligently?
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purposely : YES, if negates the intent
knowingly: YES, if negates the intent recklessly: NO negligently: NO |
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Reasonable Mistake of fact is a defense?
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YES it is a defense to a crime (general or specific)
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Honest (even if unreasonable) mistake of fact is a defense?
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Honest mistake of fact is a defense ONLY to a SPECIFIC INTENT crime
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Ignorantia Legis Neminem Excusat
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Same mistake of Law
Must have: 1)authorized reliance 2)fair notice |
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Different Law Mistake
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is a DEFENSE to a SPECIFIC INTENT crime if it negates SPECIFIC INTENT
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Mistake of Fact is a defense to:
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General Intent: YES, if reasonable
Specific Intent: YES, if negates the specific intent Strict Liability: NO |
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Different Law Mistake is defense to:
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General Intent: NO defense
Specific Intent: YES, if negates the specific intent Strict Liability: NO |
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Self Defense
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one who is not aggressor in an encounter is justified in using a resonable amount of force against his adversary when he reasonable believes:
1)he is in immediate danger of unlawful bodily harm from his adversary 2)that the use of such force is necessary to avoid this danger |
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Self Defense -- use of deadly force "homicide is justified if:"
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homicide is justified if:
1)Reasonable belief that he was in IMMINENT danger or DEATH or SERIOUS BODILY HARM (and) 2)reasonable belief that it was necessary to use DEADLY FORCE to prevent it 3)was not the aggressor. |
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Can a non-aggressor use deadly force against an unarmed assailant?
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NO but court may take into account: size and sex of parties ; multiplicity of assailants ; nature of unarmed attack ; past violent conduct of assailant
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If a person "honestly but unreasonably believes" that a situation would warrant self- defense
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"Imperfect Self-Defense"
Some Courts: Reduction to Manslaughter MPC: NO CRIME if honest belief |
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Self defense -- "a reasonable but mistaken belief in the necessity of the use of deadly force" is a defense?
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YES, this will preserve the defense
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Self-Defense -- Duty to Retreat when using non-deadly force?
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one who can safely retreat need not do so before using non-deadly force.
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Self-Defense -- Duty to Retreat when using Deadly Force?
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Majority Rule: NO duty to retreat
Minority rule(MPC) : must do so is possbile and safe EXCEPT IN HOME (some jx --> busniess) |
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Aggressor's Right to Self-Defense: general rule
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Loses right of self-defense
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Aggressor's Right to Self-Defense:
deadly aggressor forfeits right to self-defense if: |
1)withdraws in good faith
2)effectively notifies victim of withdraw |
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Aggressor's Right to Self-Defense: non-deadly aggressor
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one who starts an encounter with non-deadly force adn is met with deadly force:
Some jx --> regains right to self defense Other jx-->if he avail himself to retreat if poss (if fails to retreat then voluntary mansalughter) |
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Attempt --- what is the mens rea (2 intents)
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1) the intent to do the acts that constitute the actus reus
2)the specific intent of committing the trageted crime |
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Attempt -- seven ACTUS REUS tests
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1)substantial step test (mpc)
2)last proximate act test 3)physical proximity test 4)dangerous proximity test 5)indispensable element test 6)unequivocality test - res ipsa loquitur 7)probable desistance test |
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Defenses to Attempt
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1)factual impossibility
2)hybrid legal imossbility 3)true legal impossbility 4)inherent factual impossiblity |
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Is factual impossbility a defense? CL and MPC
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NO
NO |
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Hybrid Legal Impossbility a Defense? CL and MPC?
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CL - YES
MPC - NO (if what D intended was criminal) |
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True Legal Impossbility a Defense?
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CL-YES
MPC - YES |
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Hybrid Legal Impossibility Turns on....
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a factual mistake regarding the legal status
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True (Pure) Legal Impossibility
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if what D attempted to do is not a crime, then regardless of intent, there is no attempt
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Inherent Factual Impossibility
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where any reasonable person would have known from the outset that the means being employed could not accomplish the ends sought. This is a DEFENSE to attempt
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Conspiracy
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an agreement between two or more persons to do an unlawful act OR a lawful act by unlawful means
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Conspiracy --- what is the actus reus required?
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meeting of the minds-untility of design or purpose. can be INFERRED from the facts and circumstances
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Conspiracy--what agreement is sufficient to constitute conspiracy?
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unilateral agreement (one party agreeing to do the unlawful act even when the other is not)
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Conspiracy --- mens rea required?
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the intent to do the unlawful act OR the intent to do a lawful act by unlawful means
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Conspiracy is a specific or general crime??
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specific
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Knowledge of the unlawful act without intent to do the unlawful act would make a person a conspirator?
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NO
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Overt Act Requirement -- Common Law and Modern Law
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CL - conspiracy requires only agreement plus the specific intent to commit the unlawful act
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Overt Act -- Modern Law (MPC)
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in addition to agreement and specific intent there must be an OVERT ACT in furtherence of the conspiracy
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Conspiracy --- MERGER
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CL- The conspiracy does not merge with the completed crim
Modern Law -- MPC and some new penal codes merge conspiracy into the completed offense |
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Conspiracy --- PINKERTON RULE
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A conspirator is criminally responsible for the ACTS of his CONSPIRATORS committed in FURTHERENCE of the common design which are reasonably foreseeable as NATURAL AND PROBABLE consequences of the unlawful agreement
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Conspiracy --- PINKERTON RULE
how does MPC treat Pinkerton? |
Rejects Pinkerton -- a person is guilty of an offense IF if is comitted by the conduct of another person if he SOLICITS another person to commit it OR if he AIDS and AGREES to aid or ATTEMPTS to aid another person in planning or committing it. OR if he CAUSES an innocent or irresponsible person to commit it.
MERE CONSPIRACY is NOT ENOUGH |
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Conspiracy --- Withdraw from the conspiracy (CL and MPC)
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CL - an affirmative act bringing hom the fact of his withdrawal to the co-conspirators. Must be made in time for companions to effectively abandon the conspiracy and sufficient to inform a resonable man of fact of withdrawal
MPC -- when conspirator 1)advises his coconspirators of his abandonment OR 2) informs law enforemcent athorities of the existence of the conspiracy and of his participation in it. |
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Conspiracy --- Effective withdrawal on liabilty for Targeted (Substantive) Crimes is a valid defense to....
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the substantive crimes committed by the co-conspirators after D's withdrawal
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Conspiracy --- Effective Withdrawal for the crime of conspiracy is a defense?
CL, Overt Act, MPC |
CL-NO DEFENSE for conspiracy once agreement is established the crime of conspiracy cannot be negated.
OVERT ACT -- if statute requires overt act for conspiracy withdrawal after overt act is NO DEFENSE. If withdrawal occurs BEFORE the overt act then it is a VALID defense (because w/o overt act = no conspiracy) MPC--VALID DEFENSE if the conspirator THWARTS the success of the conspiracy under circumstances manifesting a complete and voluntary renunciation of his criminal purpose |
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Conspiracy --- Only 1 guilty party...what happens with the other one?? CL & MPC
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CL-an aquittal of one D of conspiracy precludes finding of guilt of the other
MPC-- one party may be found guilty of conspiracy even though the other isn't |
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Conspiracy --- Rule of Consistency
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where all alleged conspirators but one are acquitted, the remaining alleged co-conspirator may not be convicted of concpiracy (exception: rule may not apply if one tried seperately)
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Conspiracy --- WHARTON'S RULE
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an agreement by two persons to commit a particular crime cannot be prosecuted as a conspiracy when the crime is of such a nature as to necessarily require the participation of two persons for its commission.
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Conspiracy --- WHARTON'S RULE
examples of crimes |
adultery, dueling, bigamy, incest, gambling, incest
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Conspiracy --- WHARTON'S RULE
Exceptions |
Wharton's rule does no apply when the number of conspirators exceeds the essential participants in the completed crime
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Conspiracy --- Legislative Exemption Rule
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a member of the class of people a statute was enacted to protect may not be convicted as a conspirator of that crime nor as an accomplice
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Inevitably Incident Rule
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when someone is selling drugs to another, the people cannot be guilty of conspiracy to sell drugs because an inevitable incident of the selling is the buying
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Conspiracy --- Withdrawal or abandonment -- CL, MPC
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CL-effective communication to all co-conspirators of withdrawal in time for all co-conspiractors to abandon conspiracy. This is a VALID DEFENSE to substantive crimes committed after D's withdrawal however NO defense to charge of conspiracy.
MPC-- advising Co's or adandonment OR informing law of conspiracy and of D's part in it. Conspiracy alone imposes NO liability for actions of Co's under MPC. If it thwarts success of conspiracy under circumstances showing a complete and voluntary renunication of his criminal prupose |
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Complicity -- CL and MPC
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CL -- Before commission of crime and communicates to principals fact of withdrawal and bona fide effort to neutralize effect of prior aid
MPC -- Terminates assistance before crime comitted AND EITHER nuetralizes assistence OR gives timely warning to police OR in some other manner attempts to prevent the commission of the crime |
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Accomplice Liability -- CL & MPC
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one is liable as an accomplice tot he crime of another IF:
1)she gave assistance or encouragment to the other or failed to perform a legal duty to prevent it. 2)WITH the intent to promote or facilitate commission of the crime MPC-guilty if he solicits another person to commit it OR he aids or agrees to aid or attempts to aid another person in planning or committing it OR if he causes an innocent or irresponsible person to commit it. |
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Under Accomplice Liability, what 3 parties to the crime will be guilty of substantive crime?
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1)principal in the 1st degree
2)princepal in the 2nd degree 3)accessory before the fact |
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Under Accomplice Liability, what party to the crime will not be guilty of substantive crime?
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accessory after the fact
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Accomplice Liability Mens Rea
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Intent to assist and intent that the primary party commit the offense --OR-- Mens Rea required for the commission of the substantive offense
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Accomplice Liability Mens Rea in Complicity to Negligence and REcklessness Crimes
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Intent to assist the primary party to engage in the conduct that forms the basis of the offense OR the mens rea required for the commission of the substantive offense
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Accomplice Liability -- Natural and Probable Consequences Rule and the 2 requirements
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accomplice liable for any crim act in the ordinary course of things that was the natural and probable consequence of the crime he advised EVEN THOUGH such consequence was no intended by him
1)Actor intended to promote the primary crime 2)secondary crime was a foreseeable consequence of the actor's participation in the primary crime |
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Accomplice Liability -- Actus Reus
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criminally liable if aids or abets by:
1) physical act 2)psychological influence (incites, solicits, instigates, advises, commands, encourages(abets)) 3)failure to act (if there is a duty) |
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Accomplice Liability -- Coviction of Principal -- CL & Modern
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CL -- conviction of principal was prequisite to conviction of accomplice
Modern -- conviction of principal IS NOT prerequisite |
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If the principal is acquitted when can the accomplice be acquitted?
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accomplice is acquitted if there is a justification defense. CANNOT be acquitted if there is excuse defense
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If principle is convicted how does this or can this effect accomplice? CL, MPC
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CL -- accomplice cannot be convicted of more serious crime than principal except for homicide
MPC -- accomplice can be convicted of a more serious offense than P (e.i -- homicide -- if actus reas then Mens Rea will determine degree of homicide) |
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Burglary -- Constructive Breaking
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the breaking requirement is satisfied if the door was opened by someone by deciet or wrongful act connected to crime
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Burglary -- Building in the Curtilage
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buildings in connection with dwelling (barn, stable, garage)
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Burglary -- does this crime merge?
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NO merger, it does not merge with targeted offense
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Burglary -- MPC
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entering a building or occupied structure with intent to commit a crime therein unless open to public
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Arson -- difference b/w modern and CL?
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Common law required the burning of dwelling house and under Modern approach -- any building
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Larceny -- constructive possession
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when theif seems to have lawful posession but only has custody (employer situation)
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Larceny - temporary an extremely limited use of the property while in presence of the owner
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owner remain in constructive possessio and thus a taking is tresspassory --> larceny
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Larceny Breaking the Bale or Bulk
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when a bailee who even though in rightful possession breaks bale or breaks bulk commits larceny
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Larceny by Trick
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one who obtains possession with the onwers consent by trick...this is considered trespassory
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Continuing Trespass
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original trespassory taking with no intent to steal and then subsequently formed intent to steal
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difference between false pretenses and larceny
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Larceny = deals with possession of property
False Pretenses = focuses on title |
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False Pretenses -- title to money?
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title to money passes with delivery
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