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95 Cards in this Set
- Front
- Back
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Establishing Guilt
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Beyond a Reasonable Doubt
(1) Actus Reus- pysical act (2) Mens Rea- mental state (3) Concurrence of mental fault with act (4) Causation- result caused by act |
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Justification of Punishment
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(1) Deterrence- general
(2) Incapacitation- isolate/incarcerate (3) Retribution- guilty should be punished (4) Rehab- jail, death, $...never the sole reason |
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Necessity (General)
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a defense may be raised when D compelled to commit a criminal act, no by coercion from another human beign but by non-human events
(1) conservation of life (2) necessity of obedience (3) necessity to satisfy present hunger |
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Necessity (TX
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TXPC 9.22
(1) Lesser evil (2) Imminent threatened harm (3) Reasonable belief conduct will avoid it |
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Elements of Just Punishment
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Culbability: safeguard conduct that is without fault from condemnation is criminal
Legality: fair warning of nature of the conduct declared to constitute offense Proportionality: differentiate on reasonable grounds btwn serious v. minor offenses |
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Actus Reus
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actu must be a voluntary conscious exercise of the will because an involuntary act would not be deterred by punishment, so not basis for criminal liability (exception- SL)
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Omissions
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D's failure to act extablishes liability if
(1) knowledge of facts creating duty (2) Reasonably possible to perform (3) no additional danger to self (duty created 5 ways...) |
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Duty Created by...
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(1) Contract
(2) Relationship (3) Assumption of Care (4) Peril (5) Statute (TXPC 6.01) |
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Possession (generally)
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can be an "act" if D had control of an item for long enough to discover it or terminate the possession--> must be aware of possession but not aware of illegality
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Possession (TX)
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TXPC 6.01: knowledge and awareness
(1) voluntarily engages in conduct (2) voluntary if knowingly obtained or aware of control for enough time to terminate |
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Mens Rea
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Mental state- an unwarrantable act without a viscious will is not a crime
(1) level of intentionality is what D knew/should have known (2) judged by RM standard |
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Intent (TX)
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TXPC 6.03- conscious objective desire to engage in conduct or cause the result
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Culpable Unintentional Actions
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awareness of recklessness and negligence is key- purposfully, knowingly, recklessly and negligently
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Mistake of Fact
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mistake must negate the state of mind
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Mistake of Fact (TX)
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txpc 8.02- reasonable belief about a matter of fact if mistaken belief negates culpability required for commission of the offense (not an affirmative defense because D only has burden of production)
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Mistake of Fact (MPC)
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mpc 2.04- defense if it
(1) negates purpopse/knowledge/belief/recklessness/negligence OR (2) state of mind constitutes defense |
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Mistake of Law
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Rarely a defense, but affirmative if
(1) statute not available prior to conduct (2) statute is later declared unconstitutional (3) reasonable reliance on official interpretation or advice from someone charged with interp of the law (4) reasonable relience on advice of private counsel NOT allowed |
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Mistake of Fact/Law (TX)
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affirmative defense if burden of production/persuasion by preponderance
(1) ignorance of law after fact not an excuse (2) affirmative if reasonable relaince on official statement in written order from admin agency charged with interpretation of the law |
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Rape (CL)
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sexual intercourse by a male with a female, not his wife
(1) forcibly (2) through deception (3) while the woman was asleep (4) undercircumstance where woman not competent to consent |
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Rape (TX)
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sesual assault includes all forms of sexual penetration, requires intentional or knowing classifications of mens rea
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Rape (MPC
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acting purposely, knowingly or recklessly regarding each of the material elements of the offense he has sexual intercourse with a woman under any of the circumstances
(1) under 10 (2) unconscious (3) compels to submit by force/threat (4) drugs/impairs her ability to resist |
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Common Law Rape Force & Resistance
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woman had to resist to the utmost- now intercourse if forcible if (1) threaten bodily harm or (2) threatens bodily harm to a 3rd party
Majority have removed resistance requirements- just show that sex was without consent |
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Statutory Rape (all)
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Victim below agen of consent- SL
TXPC 22.011: under age of 17 and not the spouse of the actor MPC: no strict liability crimes, no statutory rape, but persons under 10 a crime |
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Homicide (general)
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at CL...
(1) justifiable (2) excusable (3) criminal |
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Homicide (TX)
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19.01 Capital Murder- intentional murder of another while commiting felony
19.02 Murder- unintentional OR knowing killing of another 19.03 Felony Murder- unintentional killing while in the commission of another felony 19.04 Manslaughter- reckless killing of another (no vol/invol) 6.03 Criminally Negligent Homicide |
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Common Law Murder
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Unlawful killing of a human being with malice aforethought, which exists if:
(1) intent to kill (2) intent to inflict bodily injury (3) reckless indifference to an unjustifiably high risk to human life (4) intent to commit a felony |
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Criminal Homicide (MPC)
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mpc 210.1: unjustifiably and inexcusably taking the life of another human by purposeful, knowing, reckless, negligent act
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Criminal Homicide (TX)
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txpc 19.01: intentionally, knowingly, recklessly or with criminal negligence causes the death of an individual
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Manslaughter
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killing distinguishable from murder by the existence of adequate provocation (ex: heat of passion)
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Provocation
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(1) arousal of sudden and intens passion in the mind of an ordinary person
(2) D must have in fact been provoked (3) no sufficient cooling off time (4) D in fact did not cool off |
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Provocation (tX)
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txpc 19.02- can be built up and brought back if (1) reasonable provocation (2) in the heat of passion (3) no cooling off (4) D was in fact not cooled off
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Manslaughter (mpc)
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guilty of manslaughter if
(1) recklessly kills another or (2) kills another under circumstances that would normally constitute murder, but as a result of extreme emotional disturbance for which there is a reasonable excuse |
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Involuntary Manslaughter
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(not in tx) if death is caused by criminal negligence, killing is involuntary manslaughter and requires greater deviation from reasoalbe person standard that civil liability
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Criminally Negligent Homicide (tx)
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txpc 19.05: if death caused b criminal negligence, actor should have been aware of risk of activity (DWI)
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Involuntary Manslaughter (MPC)
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person who kills another recklessly is guilty of manslaughter- no liability based on criminal negligence under MPC
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Agency Theory
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killing must have been cause by D or someone acting as D's agent
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Proximate Cause Theory (TX)
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D can be liabile if innocent party killed by resistance from the victim or police because death is a direct result of the felony
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Causation
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D's conduct must be the cause-in-fact and proximate cause of the specified result...But for D's voluntary actions
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Causation (TX)
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txpc 6.04: person criminally responsible if the result would not have occurred but for his conduct, operating alone or concurrently iwth another cause unless the cause was clearly sufficient to produce the result and the conduct of the actor was clearly insufficient
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Causation (MPC)
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2.03 applies "but for" sine qua non rule
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Foreseeability (PC)
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if result was a natural and probable consequence of his act and in intervening factor sufficient to break causal connection...distinguishes btwn
(1) responsive intervening cause where har occurs defpendent result of prior wrong (NOT an excuse) and (2) coincidental intervening cause where external force that occurs was not in respons to the inital wrong RELIEVES D of liability |
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Superceding acts
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no pc if chain of events were affected by acts that replace the original harm
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Apparent Safety Doctrine
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if D's unlawful act puts victim in danger, the act is the PC of any resulting harm unless victim has an obvious rout to safety yet continues the path of harm
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Free Deliberate, Informed Human intervention
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D may be relieved of liability if victim's voluntary informed acions comprise a superseding cause of the harm suffered, so long as the decision doesn't result from duress...was it a FR of D's actions?
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Preexisting conditions
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take the victims as you find them (eggshell skull)
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Foreseeability (TX)
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no mention in txpc, but can be found in case law
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Foreseeability (MPC)
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MPC 2.03: but for test, in order to find D criminally liable, social harm actually inflicted must not be too remote or accidental in its occurrence from what was designed, contemplated or risked- actual result must be a probably consequence of D's conduct
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Attempts
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act that, although done with the inteitnion of committing a crime, falls short of commission
(1) specifi intent to commit (2) an overt act in furtherance of that attempt |
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Overt act/ substantial step
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D must have committed an act beyond mere preparation...tests:
Proximity Last Act Indispensible Element Probably Distance Unequivocality |
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Proximity Test
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evaluate how close D came to completing the offense
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Last Act Test
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an attempt is considered to have occurred at least by the time of the last act commited by D in furtherance of the target crime
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Indispensable Element Test
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attempt occurs when D has obtained control of an indispensable feature to the criminal plan
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Unequivocality Test
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Res Ipsa Loquitur! attempt occurs when D's conduct, alon, unambiguously manifests his criminal intent
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Attempt (TX)
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txpc 15.01: person commits an offense if he does an act more than preparation and fails
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Attempt (MPC Test)
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requires that hte act or omission constitutie a substantial step in a course of conduct planned to culminate in the commission of a crime- an act will not qualify as a substantial step unless strong corroboration of the actual criminal purpose
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Impossibility
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can be a defense for attempt...
(1) Factual impossibility is no defense because of attendant circumstances beyond their control (pickpocket) (2) Legal impossibility IS a defense, if the things attempted would not be a crime (stuffed deer) |
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Abandonment
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if D has gone beyond preparation for a crime, abandonment is never a defense
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Abandonment (tx)
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txpc 15.04- affirmative defense if undercircumstances manifesting a voluntary and complete renunciation of criminal conduct, or if abandonment insufficient to avoid commission of the offense by taking futher affirmative action that prevented the commission
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Abandonment (mpc)
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withdrawal is a defense only if
(1) full, voluntary abandon (2) not bc of difficulty in completion of crime (3) COMPLETE abandonment under circumstances manifesting renunciation of criminal purpose, not just postponement |
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Punishment for Attempt (tx)
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txpc 15.01: criminal attempt is one category lower than the offense attempted, and if the offense attempted is a state jail felony, the offense is a Class A misdemeanor
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Punishment for Attempt (mpc)
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may be punished to the same extent, except capital crimes and most serious felonies reduced
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Conspiracy (cl)
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combination or agreement btwn two or more persons to accomplish some criminal or lawful purpose by unlawful means
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conspiracy requirements
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(1) no merger
(2) liability of one conspirator is allowed if the crimes were committed in furtherance of broad goals, and forseeable consequences (3) attempt distinguished as a substantial step |
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Conspriacy (TX)
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txpc 15.02:
(1) agree to engage in conduct that would constitute an offense (2) he or more than 1 performs or plans criminal conspiracy if he agrees with the intnatn to engage in conduct that constitutes an offense and one or more conspirators perform/plan the offense |
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Conspiracy (MPC)
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agree to
(1) commit an offense (2) attempt to commit (3) solicit another to commit (4) aid another person in planning or commission of an offense |
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Meeting of the Minds for Conspriacy (scope)
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required between 2 of conspirators
(1) need not be express- action/awareness enough (2) multiple crimes- if parties agree to commit several crimes= one conspiracy |
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Wharton Rule
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2 or more people necessary for commiting the offense, no crime of conspiracy unless more parties participate than required to commit the actual crims (not recogized by MPC)
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corrupt motive doctrine
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in addition to the pecific intnent, parties to a conspiracy must also have known that their objective was criminal
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conspiracy to commit strict liability crimes
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no intent, but D's must agree to commit strict liablity crimes and intend to carry out substantive crim to be charged for conspiracy
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Chain Relationship
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one large conspiracy- series of agreements that are considered part of a single scheme
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Hub and Spoke
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one participant enters into several agreements with different parties, same central figure, regarded as numerous conspiracies
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Acquittal of other conspirators
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Precludes conviction in most courts
TXPC 15.02- no defense for another conspirator that 1 has been acquitted, but cannot be 2 or more |
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Defense to Conspiracy (TX)
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txpc 15.04: affirmative defense if under circumstances manifesting a voluntary and complete renunciation of criminal objective, actor withdrew from conspiracy before commission and took further action to prevent
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Defense to Conspiracy (MPC)
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voluntary withdrawal is a defense if D renounces his criminal purpose and thwarts the success of others
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Self Defense (justification)
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privilege to use force as reasonably necessary to defend agains apparent threat of unlawful and immediate violence from another
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Self Defense (TX)
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txpc 9.31- justified in use of force against another if reasonabe force is immediately necessary to protect against another's unreasonable force
(1) belief in necessity (2) imminent harm (3) unlawful threatened harm (4) unreasonable force |
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Deadly Force (TX & MPC)
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threat must be infliction of death or great bodily harm
TX: requires duty to retreat MPC: requires actor to take a known safe avenue to retreat |
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Defense of 3rd Parties (all)
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CL: limited to family members
TX: justified in use of force, but does not extend to reckless injury or death MPC: relationship irrelevant |
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Protection of property
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(1) reasonable apprehension
(20 design to commit a felony, or (3) inflict injury to result in loss of life or bodily harm and (4) danger imminent |
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Protection of property (TX)
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txpc 9.41
(1) reasonable belief reasonable force immediately necessary (2) prevent or terminate unlawful interference with property |
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Resisting Lawful Arrest
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pwerson acts at his own peril and is criminally liable for offenses
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Citizen's Arrest
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use reasonable, non-deadly force as necessary
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Resisting Un-lawful arrest (tx)
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txpc 9.31- no unreasonable force unless in response to excessive force during arrest before any resistance
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Duress
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threat from a human actor due to fear of imminent death or serious bodily injury
(1) lesser evil (2) imminent threat of death of BI (3) reasonable belief results will occur |
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Duress TX
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txpc 8.05-
(1) burden on D (2) threat of serious bodily injury or death |
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Duress MPC
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mpc 2.08
does not have to be imminent threat- but not available if actor placed themselves in the situation |
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Voluntary Intoxication
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not an excuse, but can serve as elimination of mens rea element to crime
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Voluntary intoxication tx
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txpc 8.04: no defense but can serve as lack of mens rea
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Involuntary Intoxication
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Defense if:
(1) injested intoxicant unknowingly (2) unforeseen medical reaction to perscription |
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Insanity
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defense distinguishes between bad and mad- punish the bad and treat the sad/mad
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McNaughten Test
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excuses D from liability if at time of crime
(1) d was laboring under such a defect of reason for the disease of the mind (2) he does not know the nature and quality of act he was doing |
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Irresistable Impulse Test
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did D act with an irresistable impulse for which he was unable to control an urge? Understand right/wrong, but cannot control
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MPC Insanity Test
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4.01- if at time of conduct, as result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of conduct or to conform to requirement of law
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Durham Test (NH only)
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if as a result of a mental illness, the person committed the act in question but for a mental illness, the person would not have committed the crime
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Mental Competency
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difference from insanity- mental competency is at time of trial...entitled to exam, and will usually commit if unable to stand trial
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