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92 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Essential elements of a crime
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- Physical Act
- Mental State |
Mens rea and actus reas
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Physical Act
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- Voluntary bodily movement
- Omission where legal duty |
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Mental State
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Specific intent
Malice General intent |
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Specific intent crimes
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Inchoate offenses
First degree premeditated murder Assault (intent to commit battery type) Property crimes Attempt |
IFAPA
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Strict liability
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Guilty because you did the act; mistake of fact not a defense
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MPC analysis of fault
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No gi/si; purposefully, knowingly and recklessly, and negligently instead.
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Vicarious liability offenses
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Liable for 3P conduct
Respondeat superior |
Think about liability of your employer if you do something wrong.
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Enterprise Liability
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At common law, corporation does not have capacity to commit crime.
In modern law, corp liable for act performed by agents acting w/in scope OR agents high enough in corp to presume reflect corp policy |
difference btw ml and cl
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Concurrence of Mental Fault w. Physical Act
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must have mens rea at time of committing act and MR must have actuated act
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Accomplice liability; CL
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Principal in first degree: person who actually engaged in the act/omission or who caused an innocent agent to do so.
Principal in second degree: aided/commanded/encouraged the principal and was present Accessory before the fact: assisted or encouraged but was not present. Accessory after the fact: w/ knowledge that another committed a felony, assisted escape. CONVICTION OF PRINCIPAL REQ'D |
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Accomplice Liability Modern Statutes
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Abolish distinctions except for accessory after the fact.
- Principals and accessories before the fact all guilty of crime - Punishment for accessory after the fact has no relationship to the principal offense. |
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Intent in accomplice liability
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Must aid, counsel or encourage w/intent to encourage the crime.
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Scope of accomplice liability
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- Responsible for crimes he did or counseled, and any other probable or f/able crimes committed in the course of contemplated crime.
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Exclusion from accomplice liability
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- Members of class protected by the statute
- Parties not provided for by statute but necessary to the crime - Withdrawal |
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Withdrawal
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Occurs before crime unstoppable
Repudiation (if you only encouraged, this is sufficient for w/drawal) Attempt to neutralize Notifying police or trying to prevent the crime |
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Inchoate crimes
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- Solicitation
- Conspiracy - Attempt |
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Solicitation elements
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1. Inciting, advising, urging, or commanding another to commit crime
2. with the intent that the person solicited commit the crime. |
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Defenses to solicitation
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Member of protected class
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Elements of conspiracy
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- Agreement
- Intent to enter agreement and intent to achieve objective - Overt act |
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Defenses to conspiracy
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- Withdrawal
- no meeting of the minds |
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Elements of Attempt
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- Intent to commit crime
- Overt act beyond mere preparation |
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Defenses to Attempt
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- Legal impossibility (not a crime)
- Abandonment (can't if you commit an overt act) |
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Inchoate crimes and merger
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- Conspiracy does not merge
- Solicitation and attempt do. |
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M'Naughten Rule
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Mental disease or defect caused D to either not know the act was wrong, or not understand the nature and quality of his action.
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Andy was bipolar, and he either didn't understand that what he was doing was wrong, or he didn't really know what he was doing.
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Irresistable Impulse
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Bc of mental illness, D was unable to control actions or conform conduct w/ law
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Out of control, can't keep me back!
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Durham/New Hampshire rule
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Aquittal if the crime was a product of mental illness
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in durham they know, if you ain't mentally fit, you must acquit!
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MPC or ALI test
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Acquittal if D had mental diesase or defect and as a result lacked the substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law
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you have to be able to get what you're doing or at least be able to control yourself.
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Procedural Issues
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- Everyone presumed sane, D has to raise it.
Cannot refuse pre-trial psych exam if plead insane |
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Voluntary Intoxication
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- Defense to specific intent crimes that require purpose or knowledge and intoxication prevented D from forming the MR.
- Can reduce 1st to 2nd degree murder |
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Involuntary intoxication
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- Taking w/o knowledge of its nature, under direct duresss, or pursuant to medical advice wile unaware of the intoxicating effect.
- Treat as mental illness and acquit D if meet the jx's insanity defense. - Defense to ALL crimes |
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Infancy
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Under CL:
- Under 7 = no liability - 7-14 = rebuttable presumption of no liability - 14+ = adult ML: 13 or 14 per statute for regular conviction, otherwise juvenile court. |
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Justifications
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- Defense of self
- Defense of Others - Defense of dwelling - Defense of other property - Crime prevention - Use of force to make arrest - Resist of improper arrest - Necessity |
Can you remember all 8?
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S/D: non-deadly force
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if r/ably necessary to protect from imminent unlawful force.
no duty to retreat |
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S/D: Deadly force
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OK if w/o fault, confronted w/unlawful force and threatened w/ imminent death or great bodily harm.
Generally, no duty to retreat. |
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S/D imperfect self defense
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Charged as manslaughter
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Rt of Aggressor to use S/D
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OK if effectively w/draws from altercation and communicates to other her desire to do so, OR victim suddenly escalates minor fight into deadly altercation and initial aggressor has no chance to w/draw
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Defense of others
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If r/ably believed other would have right to S/D
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Defense of dwelling
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non-deadly unless preventing violent entry w/intent to harm inhabitant or preventing burglary
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Defending possessions
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- No deadly force.
- Must request other to desist before using non-deadly force - If regaining possession, force only ok if in hot pursuit |
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Crime prevention
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No deadly force as r/ably necessary to prevent felony or serious breach of peace. Deadly force only to terminate or prevent a dangerous felony that risks human life
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Use of force to make arrest POLICE
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Police: NDF if r/ably appears necessary to effectuate arrest.
DF only if necessary to prevent felon's escape and felon threatens death or serious bodily harm. |
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Use of force to make arrest PRIVATE PERSONS
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NDF to make arrest if crime in fact committed and r/able grounds to believe person did it
DF only if person harmed was actually guilty of crime |
you're taking a risk if you kill them....how well do you know the law?
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Resisting improper arrest
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DF only if you do not know the person arresting you is a cop
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Necessity
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- R/ably believe committing crime necessary to avoid imminent and greater injury to society than to that in the crime.
LIMITS: not available if D is at fault in creating situation. Necessity = pressure from natural or physical force |
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Duress
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R/able belief another will harm you or kill you or your family if you don't do it.
Never a defense to homicide. |
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Other defenses
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- Mistake of fact (shows no MR)
- Mistake of law (not if D didn't think act was illegal, it's for the statute not being available, r/able reliance on case or statute) - Consent (voluntary, legally capable of consenting, no fraud) - Entrapment: must be predisposed. |
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Offenses against the person
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- Assault and battery
- Mayhem - Homicide - False imprisonment - Kidnapping |
Adrvarks May Harm Funny Kids
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Elements of battery
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1. Unlawful application
2. of force 3. to the person of another 4. resulting in either bodily injury or offensive touching. - Intent NOT required |
4 things
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Aggravated battery
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It's a felony, and it's battery
- w/ a deadly weapon - resulting in serious bodily harm - or of a child, woman, or cop |
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Two kinds of assault
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1. Attempt to commit battery. If battery occurs, no assault.
2. Intentional creation of r/able apprehension of imminent harm. |
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Aggravated assault
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w/ deadly weapon or w/intent to rape or maim
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Mayhem
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CL = dismemberment or disablement of a bodily part. Modern law = aggravated battery
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CL Homicide
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Murder, voluntary manslaughter, involuntary manslaughter
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Murder
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1. Unlawfull killing
2. With malice aforethought. |
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Malice for murder
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- intent to kill (inferred from use of deadly weapon)
- intent to cause great bodily harm - Reckless indifference to an unjustifiably high risk to human life - Intent to commit an inherently dangerous felony |
4 possibilities
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Voluntary Manslaughter
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Adequate provocation.
1. Would arouse sudden and intense passion in mind of RP 2. Did in D 3. Not sufficient time for RP to cool down 4. D did not cool down. |
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Involuntary manslaughter
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Killing w/ criminal neg or during misdemeanor
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1st Degree Murder
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Deliberate and premeditated (otherwise 2nd)
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Felony murder
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If during arson, robbery, burglary, rape, mayhem, and kidnapping, FIRST degree.
All others, SECOND. |
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Limitations of liability in FM
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- D must be guilty of underlying felony to be guilty of FM
- Felony must be distinct from killing itself. - Death = f/able result of felony - D not liable for FM when co-felon killed by victim or police Agency theory: D not liable for FM when innocent party killed unless death caused by D or agent., Proximate cause theory: D liable for FM when innocent party killed by anyone |
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Causation
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D's conduct = Cause of Death.
Cause in fact or proximate cause. |
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Rules of causation
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- An act that hastens an inevitable result still legal cause
- Simulatenous acts of 2 or more persons may be independently siufficient causes of single result - Victim's preexisting weakness or fragility does not break chain |
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Limits
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CL - death must be w/in one year and a day of D's act
Intervening acts: shield D from liability if act is coincidence or outside f/able sphere of risk created by D. Medical malpractice and refusing treatment for religious reasons are not unf/able. |
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False imprisonment
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Unlawful confinement of person w/o his valid consent
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Kidnapping
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- Confine plus movement or concealment.
Aggravated: For ransom, for the purpose of committing other crimes, for offensive purposes, or child stealing. |
false imprisonment plus
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Rape
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- Unlawful carnal knowledge of a woman not by her husband, w/o consent.
- Slightest penetration enough. - Absence of marriage = CL requirement, but mostly rejected now. |
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Lack of effective consent for sex
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- Actual force
- Threats - Incapacity due to unconsciousness, intoxication, mental condition - Victim fraudulently led to believe it is not intercourse |
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Statutory Rape
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- Carnal knowledge of female under age of consent.
- Consent doesn't matter - SL crime |
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Adultery
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Committed by both parties to intercourse if either is validly married.
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Fornication
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Sex or open/notorious cohabitation by unmarried persons
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Seduction
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Induce sex w/ promise of marriage
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Bigamy
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SL
Married to more than one person |
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Larceny
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1. Taking and carrying away
2. Of tangible property 3. Of another w/possession 4. w/ intent to permanently deprive. No larceny if abandoned property. If D wrongfully takes w/o out intent to permanently deprive and then keeps it, it's larceny. |
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Embezzlement
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1. Fraudulent
2. Conversion of personal property of another 3. By a person in lawful possession of that property. |
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Fraudulent intent and embezzlement
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If D intends to restore EXACT property taken, not embezzlement.
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False Pretenses
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1. Obtaining title
2. To personal property of another 3. By an intentional false statement of past or existing material fact 4. w/intent to defraud the other |
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Larceny by trick
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Only getting possession (as opposed to FP, which gets title)
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Robbery
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1. taking of personal property of another
2. From the other's person or presence 3. By force or threats of immediate death or physical injury to victim, victim's family, or someone in victim's presence 4. With intent to permanently deprive |
Remember Robert was always very forceful.
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Extortion
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CL = corrupt collection of an unlawful fee by an officer under color of office.
Modern = obtaining property by threats to harm, expose ino. Threats can be of future harm, and taking doesn't have to occur in victim's presence. |
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Receipt of stolen property
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1. Receiving possession and control
2. Of stolen personal property 3. Known to have been obtained by another person's crime 4. With the intent to permanently deprive the owner of his interest |
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Forgery
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1. Making or altering
2. A writing w/apparent legal sig. 3. So that it is false 4. W/intent to defraud. |
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Fraudulently obtaining another's sig
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Forgery.
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Uttering a forged instrument
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Offering as genuine an instrument that may be the subject of forgery and is false with the intent to defraud.
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Malicious mischief
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1. Malicious = D intended or contemplated the destruction or damage to
2. Property of another. |
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Burglary at CL
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1. Breaking by at least minimal force, fraud or intimidation
2. Entry 3. Into another's dwelling at night 4. With intent to commit felony inside. |
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Arson
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1. Malicious
2. Burning 3. Of the DWELLING of another. |
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Perjury
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Intentionally lying re: material matter while under oath in judicial proceeding
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Subornation of perjury
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Procuring or inducing perjury in another
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Bribery at CL
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Corrupt payment or receipt of anything of value for official action.
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Bribery at Modern Law
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Extends to non-public officials, and is the offering or taking of a bribe.
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Compounding a crime
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Agreeing, for valuable consideration, not to prosecute another or to conceal the crime's commission or the whereabouts of D.
Under CL, felonies only. Under modern law it applies to any crime. |
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Misprision of a Felony
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CL - Failure to disclose knowledge of the commission of a felony or to prevent the commission of a felony.
Modern - Either no longer crime or requires some affirmative action to aid felon. |
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