Criminal Law (Coppola Comp Outline)

Front 1

HOMICIDE

Back 1

The death of a human being caused by another.

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CORPUS DELICTI

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The body of the crime; criminal agency of another; direct or circumstantial evidence

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MURDER

Back 3

The unlawful killing of a human being with premeditation, deliberation and malice aforethought; either expressed or implied

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MALICE

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A condition of mind which prompts a person to do a wrongful act willfully, to the injury of another or to do intentionally, a wrongful act toward another without justification or excuse

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4 TYPES OF MURDER

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1. Intent to kill
2. Intent to do serious bodily harm or injury.
3. Depraved heart murder- reckless disregard for human life (malice may be inferred)
4. Felony murder
Need only to prove the felony and that death ensued
Felonies subject to this rule are arson, rape, robbery and mayhem, kidnapping (MR BAKR)

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DEFENSES TO MURDER

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Provocation, justification or excuse

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PROVOCATION

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Opprobrious words alone not enough; informational words can be sufficient provocation.

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JUSTIFICATION

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Authorized by law ie. policeman kills in line of duty of self-defense

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EXCUSE

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Not authorized by law nor punished; ie. defense of insanity

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MANSLAUGHTER

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Intentional killing of another human being, no malice aforethought

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VOLUNTARY MANSLAUGHTER

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The intentional killing of a person without malice but also without justification or excuse (must have adequate provocation; heat of passion)

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INVOLUNTARY MANSLAUGHTER

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A negligent killing; no intent to kill; mere negligence not enough, must be criminal in nature.

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MISDEMEANOR- MANSLAUGHTER RULE

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A killing in the course of a misdemeanor (must be malum in se, not malum prohibitum)

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THEFT 1

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

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LARCENY

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The taking and carrying away of the personal property of another with the intent to deprive the owner permanently thereof.
The felonious intent must exist at the time of the taking.

Take possession unlawfully
Subject of larceny=personal property with inherent value.

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EMBEZZLEMENT

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Wrongful appropriation or conversion of property, where the original taking was lawful or with the consent of the owner

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LARCENY BY TRICK

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One obtains possession of the property from the owner by fraud.
Fraud vitiates consent.

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FALSE PRETENSES

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One obtains both possession and title of the property through fraudulent means.

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RECEIVING STOLEN PROPERTY

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1. Property must be received (person has possession and control)
2. It must have been stolen and retain its character of stolen property at the time it's received.
3. It must be received with the knowledge it is stolen
4. Must be received with wrongful intent.

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ROBBERY

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The taking and carrying away of the personal property of another from his person or in his presence against their will (by means of force or fear) with the intent to permanently deprive the owner thereof.

Every robbery contains a larceny.

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BURGLARY

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The breaking and entering in the nighttime into the dwelling house of another with the intent to commit a felony therein.

Breaking can be actual or constructive
Entry- crossing a plane with any part of your body. Tool can be used as extension of hand.

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ASSAULT AND BATTERY

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Assault= the intent to commit a battery
Battery= Unlawful, unpermitted touching of another.

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RAPE

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Penetration without consent<BR><BR>Statutory rape- committed upon a girl under a certain age even with her consent.<BR><BR>Forcible rape- evil into itself.

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KIDNAPPING

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Confinement of a person that involves either:

1. Some movement (asportation) of the victim OR
2. Concealment of the victim in a secret place

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FALSE IMPRISONMENT

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Unlawful confinement of person

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ARSON

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Malicious burning of the dwelling of another.

1. Must be actual burning
2. Burning must be malicious
3. Object burned must be dwelling house
4. House burned must be the dwelling house of another.

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FORGERY

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Making of a false writing, can be any type of writing including engraving, typewriting

1. Must have apparent legal signficance (some value or purpose other than its own existence)
2. Does not just tell a lie, the writing itself must be a lie.

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DOUBLE JEOPARDY

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Prevents duplicative trials and/or punishments for the same offense.

1. Lesser included offense rule (Morey test)
2. Doctrine of Separate Sovereigns
3. Collateral estoppel
4. Manifest necessity

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INCHOATE CRIMES

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Attempts:

1. Intent to commit a crime
2. Performance of some acts towards commission of a crime (a substantial step) and
3. Failure to consummate its commission (must have the apparent ability to complete the crime)

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QUESTIONS FOR INCHOATE CRIMES

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1. Did D intend to commit the crime?
2. Was what D did wrongful?
3. Was it impossible for D to commit the crime
4. Did D use the appropriate method?
5. Was D's act preparatory of perpetrating?
6. Was D's act too remote to be considered?
7. Was D's conduct sufficiently blameworthy to merit punishment?

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IMPOSSIBILITY

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Defense to attempts.

Factual impossibility- Never a defense
Legal impossibility- is a defense

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CONSPIRACY

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An agreement between two or more parties to either accomplish an unlawful act or to accomplish a lawful act by unlawful means.

Mental state

1. Intent to agree
2. Intent to accomplish the purpose of the conspiracy

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WHARTON RULE

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There can be no conspiracy if the only parties to the agreement are those absolutely necessary to commit the substantive offense

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ARREST OF CO-CONSPIRATOR

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Arrest of co-conspirator may be said to terminate the conspiracy, his acts following can't be imputed to other members. The reverse is not true, the unarrested co-conspirator's acts may still be imputed to the other.

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PINKERTON RULE

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Acts in furtherance of agreement imputed to others (Not in MA)

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SOLICITATION

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1. Ask someone to commit a crime.
2. Does not survive the crime; it merges with the crime
3. Crime does not have to be committed
4. What you ask person to do must be a crime

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PARTIES TO CRIME

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1. Principal in the first degree: Actual perpetrator of the crime.
2. Principal in the second degree: At the scene, gives aid, encouragement, but does not commit the actual crime.

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ACCESSORY BEFORE THE FACT

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Aids, abets, encourages, does not go to scene (is often a conspirator)

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ACCESSORY AFTER THE FACT

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Must have knowledge of the crime. Accessory does not have to be charged with the same crime as the principal. Mere presence, with silent approval, is not enough

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NEGATIVE ACTS

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A negative act is failing to do something that you have a legal duty to take positive action upon. If death results, involuntary manslaughter is a proper result.

No amount of moral duty will inculpate the accused. It must be a legal duty.

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WAYS TO ACQUIRE LEGAL DUTY

(Negative Acts)

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1. Assuming the duty
2. Contracting for the duty
3. By your relationship to the neglected
4. By placing the victim in peril.
5. By bringing condition to the attention of proper authorities in isolated situations.

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STRICT LIABILITY

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An offense which does not require awareness of all the factors constituting the crime. Factors that identify a strict liability offense:
1. Regulatory in nature.
2. Does not have serious penalty
3. Serious harm to the public
4. Easy to determine true facts.

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MISTAKE OF LAW

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Ignorance of lawis not excuse except:

1. Ignorance of law may negate intent
2. In jurisdictions where law is not readily available.
3. Reasonably relied on statute or judicial decision.

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MISTAKE OF FACT

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1. A defense to specific intent crimes (no reasonableness requirement)
2. A defense to general intent crimes (reasonableness requirement)
3. Strict liability crimes (Mistake of fact is no defense)

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INSANITY

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An affirmative defense plea (different from incompetency)

1. McNaughten Test (right/wrong)
2. Irresistible impulse test (D knew what he was doing was wrong but just couldn't stop himself.)
3. Durham test (D's unlawful act is the product of a mental disease or defect)
4. Model Penal Code- Lacks substantial capacity

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INTOXICATION

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Voluntary intoxication by drugs or alcohol
1. A defense to specific intent crimes
2. No defense to crimes involving malice or recklessness, but if intoxication causes mental disease, it is a defense

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INVOLUNTARY INTOXICATION

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A complete defense, if proven, acquittal is required.
1. D did not know the nature of the intoxicating substance
2. D was under duress
3. D was under medical advice while unaware of the substance's intoxicating effect

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CAUSATION

Back 48

Causal relation between the act and the harmful result.

1. Factual causation (but/for- What did happen)
2. Substantial cause- (not small)
3. Concurrent cause- (two independently sufficient acts simultaneously cause the same result, so both would be guilty.)
4. Proximate cause- the cause of the act, legal cause
5. Direct cause- The act or force is a direct cause if there are no intervening causes.
6. Intervening cause- An actual cause arising subsequent to D's action, which is direct cause of the proscribed activity, making D's action an indirect cause.

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DEPENDENT INDEPENDENT CAUSE
SUPERCEDING CAUSE

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Dependent- Set in motion by D's conduct: will not relieve D of liability unless it is an extraordinary act.

Independent- Those which arise completely apart from D's conduct, will relieve D from liability unless they are foreseeable.

Superceding cause- the actual harm produced is from the act that follows. (Negligence of victim is not superseding cause. Negligence is foreseeable)

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SELF DEFENSE

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If confronted with non-deadly force, can only respond with non-deadly force. If confronted with deadly force, may respond with deadly force.<BR>Deadly force- must be without fault to be privileged to use deadly force.<BR>- Force coming at you must be unlawful<BR>- Must be faced with imminent death or serious bodily injury<BR>- Retreat<BR>- Majority rule: no duty to retreat<BR>- Aggressor uses non-deadly force: (Victim escalates force used, the initial aggressor must try to stop/escape. If unable to, then can use deadly force and has the privilege/right to claim self-defense.

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DEFENSE OF OTHERS

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1. Common law- If individual had no relation to use you can't defend them.
2. American rule: No relation needed. No reasonable belief a person has the right to use force to defend themselves.
If you know the person is the aggressor, you have no such right.

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DEFENSE OF HABITATION

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1. Non-deadly force when reasonable belief that it's necessary to prevent unlawful entry or attack on dwelling.
2. Deadly force only when: Tumultuous entry and personal danger, trying to prevent a felony.

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DEFENSE OF PROPERTY

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Can't use deadly force to defend personal property.
If D robs you, you can use deadly force.

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DURESS (human threat)

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Involves coercion by a third person, threatening harm to D if he does not commit a crime.

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NECESSITY

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A person is forced to commit a criminal act because of pressure from the physical forces of nature.