Criminal Law - Elements, Strict Liability, Accomplice Liability, Specific Intent Crimes

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4 Elements of Crime

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1) Actus reas (guilty act)
2) Mens rea (guilty mind)
3) Concurrence
4) Causation, harmful result

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Failure to Act:

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- Will only constitute a crime when there is a LEGAL DUTY to act, which can arise by statute, contract, close relationship between parties, D's voluntary assumption of care, or D's creation of peril.

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Strict Liability Crimes

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(no intent crimes; no mens rea necessary)
- Defenses that negate intent are NOT a defense.

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Accomplice Liability
(person aids/encourages D to commit a crime)

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= All parties to a crime can be found guilty of the offense, if the accomplice ACTS W/ INTENT to aid or encourage the principal in the COMMISSION OF THE CRIME.
- Accomplice must give aid, counsel, encouragement w/ INTENT to aid in commission of crime.
- Mere knowledge is NOT sufficient.

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Accomplice Liable For:

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Accomplice, as aider & abettor, liable for probable/foreseeable crimes committed during its commission, as well as original crime itself.

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Accomplice Liability - Defense:

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Withdrawal:
- If person merely encourages commission of a crime, repudiation of this encouragement = defense of w/drawal.
- If person commits actus reas of the crime, accomplice must w/draw from the crime by repudiating any encouragement or neutralizing any assistance BEFORE IT'S COMMITTED, as well as notifying authorities. -- Person still liable for all crimes committed prior to w/drawal.

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Accessory After the Fact

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- Receives, relieves, comforts, or assists another knowing that he has committed a felony, in order to help felon escape arrest, trial, or conviction. Commits a separate crime w/ a punishment unrelated to felony conviction.

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Specific Intent Crimes
(Types & Defenses)

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- Inchoate Crimes (attempt, solicitation, conspiracy)
- Property Crimes (larceny, robbery, burglary, forgery, false pretenses, embezzlement)
- First Degree Murder
- Assault
- DEFENSES: any mistake, diminished capacity, voluntary intoxication, insanity

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ATTEMPT

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Requires: specific intent to commit completed crime & an act beyond mere preparation for the offense.

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SOLICITATION

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Requires: intent w/ criminal objective, asking person to commit crime, completed after D asks.
- MERGER: if person asked agrees, crime merges into conspiracy.

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CONSPIRACY

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Requires: agreement between 2+ ppl, intent to enter into agreement (meeting of guilty minds), intent to achieve objective of agreement, OVER ACT in furtherance of conspiracy.
- NO MERGER w/ substantive offense (convicted of BOTH)

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Co-Conspirator Liability

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Each conspirator is liable for all crimes of co-conspirators if crimes are committed in furtherance of the conspiracy & were reasonably foreseeable.

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Withdrawal is NOT a defense to conspiracy b/c:

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Conspiracy is complete as soon as the agreement is made & overt act is committed.
- Voluntary w/drawal is ONLY a defense when it THWARTS SUCCESS of the conspiracy.
- May affect future crimes after w/drawal: must inform all co-conspirators & give notice while there is still time for co-conspirators to abandon criminal plans.

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Larceny
(property crime)

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- Wrongful taking & carrying away
- of personal property of another
- without consent
- with INTENT TO PERMANENTLY DEPRIVE rightful possessor.

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Continuing Trespass Doctrine

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If D takes property of W/O intent to steal but LATER, while still in possession, forms intent, then = LARCENY.

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Larceny By Trick

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Person consents to D's taking POSSESSION of her property but the consent is induced by misrepresentation.
(requires intent to defraud another)

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False Pretenses

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Person consents to D's taking TITLE of her personal property but the consent is induced by misrepresentation.
(requires intent to defraud another)

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EMBEZZLEMENT

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- Fraudulent conversion of personal property of another
- By PERSON IN LAWFUL POSSESSION of that property
- W/ intent to defraud.

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BURGLARY

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- Breaking & entering
- of the dwelling of another
- at nighttime
- w/ INTENT to commit a felony therein.

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ROBBERY

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= larceny + assault
- Taking
- of personal property of another
- from person's person or presence
- by force or intimidation (imminent)
- w/ intent to permanently deprive.

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EXTORTION (blackmail)

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Malicious threat to get a person to do or not do something

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Receipt of Stolen Property

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- D receives possession & control of stolen property
- known to have been obtained by crime of another
- w/ intent to permanently deprive
(need CONCURRENCE of mental state & physical act)

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First Degree Murder

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PREMEDITATION & DELIBERATION (taking time to meaningfully reflect on idea of killing)
in the unlawful killing of a human being