Criminal Law & Procedure

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HOMICIDE

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The death of a human being caused by another.

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INNOCENT HOMICIDE

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Death or killing that is excused or justified

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MURDER

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The unlawful killing of another with malice aforethought (express or implied)

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FELONY MURDER

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While in the commission of a felony or during the attempt to commit an inherently dangerous felony a death occurs. Underlying offense (other than the murder) is the independent felony

NOT APPLICABLE if:
1. Felony has not yet begun or is completed at the time death occurs
2. If a 3rd party kills a co-felon in the course of a felony, then surviving felon is not guilty of felony murder b/c justifiable homicide

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DEPRAVED HEART MURDER

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Firing bullets in a confined space or through a wall, or playing Russian Roulette, is abandoned heart murder if a death results

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1ST DEGREE MURDER

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(1) The intentional killing of another with premeditation (thought about it) and deliberation (length of time does not matter--once person made decision to kill)

(2) Felony Murder (no intent required)

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2ND DEGREE MURDER

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Any murder that is NOT 1st Degree Murder and includes:
1. Specific intent to kill but WITHOUT premeditation and deliberation
2. Specific intent to do serious bodily injury (not the intent to kill)
3. Depraved heart murder -- killing that results from wanton and willful disregard of an unreasonable human risk

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MANSLAUGHTER

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The unlawful killing without malice expressed or implied. Two Types:
1. Voluntary
2. Involuntary

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VOLUNTARY MANSLAUGHTER

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An intentional killing under circumstances that do not justify or excuse the killing, but mitigate its punishment such as:

1. Heat of passion caused by legally adequate provocation (adultery, battery, informational words, mutual combat) --reasonable person; no cooling off; causation

2. Imperfect defense - person has a good faith belief that self-defense is necessary but the person is wrong factually or as a matter of law.

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INVOLUNTARY MANSLAUGHTER

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Death occurs when not intended:
1. Reckless conduct—person knew or should have known of the risk of harm but chose to take the risk (speeding; throw loaded gun at s/one)
2. Criminally Negligent conduct (normally by statute)—the person should have perceived the risk but did not (driving while drinking coffee)
3. Misdemeanor manslaughter—person is involved in the commission of an offense that is not inherently dangerous and death occurs
4. Vehicular homicide—death by motor vehicle

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MISDEMEANOR MANSLAUGHTER

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A person is involved in the commission of an offense that is not inherently dangerous and death occurs. Requires:
1. Malum in Se - the crime must be wrong in itself or typically considered a crime (not be law)

NOT Malum Prohibitum --crime wrong because legislature say so (parking in handicapped zone)

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JUSTIFIABLE HOMICIDE or PERFECT DEFENSES

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Homicide that is justified:
1. Self defense --reasonable force to ward off attack
2. Defense of others --reasonable; force victim could use
3. Defense of dwellings --CL use of deadly force; ML deadly force ONLY if commit felony or harm
4. Killing done under public authority
5. Defense of property --use of force NEVER JUSTIFIED
6. Killing to prevent escape or crime

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EXCUSABLE HOMICIDE

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Catchall for those homicides where the law does not attach criminal guilt:
1. Accident
2. Infancy
3. Involuntary Intoxication (drugged)
4. Mistake of fact

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THEFT CRIMES

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1. Larceny
2. Larceny by trick
3. Larceny by False Pretenses
4. Embezzlement

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LARCENY

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The unlawful taking and carrying away of the personal property of value of another with the specific intent to steal or permanently deprive the possessor of that property or its use.

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LARCENY BY TRICK

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Person, through fraud, lying, deceit, trickery or misrep. of fact induces another to relinquish possession where person would not have relinquished property w/o fraud.

NB: Fraudulent act is a proxy for the actual taking and carrying away

Eg. Borrowing laptop with intent to pawn it
Eg. Rent car from agency with intent to not return or pay

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LARCENY BY FALSE PRETENSES

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Person, through fraud or deceit, makes a false representation of a
past/present material fact which induces a person to deliver title

NB: Dealing with the transfer of title; ownership.

Eg. Put a roach in food claiming that the restaurant did it
Eg. Using someone’s credit card w/o authority; getting the receipt for the item is title
Eg. Writing a check (a warranty) and not having the money in the bank at that point- this is a material misrepresentation b/c but for the representation the merchant would not have given you the merchandise
Eg. D borrows money from V, a bank, by lying on the credit application. False pretenses because bank passed over title to the money in return for D’s promise to repay.
Eg. Boy went in store intending to purchase a game. Only had $8. Game was $10. Switched the $10 tag with the $7 tag. Purchased game for $7.

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EMBEZZLEMENT (lawful possession)

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The specific intent to fraudulently convert money or property of another that a person has lawfully received in a fiduciary relationship for his/her own benefit or for the benefit of another person

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THEFT CRIMES

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1. Larceny
2. Larceny by trick
3. Larceny by False Pretenses
4. Embezzlement

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LARCENY

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The unlawful taking and carrying away of the personal property of value of another with the specific intent to steal or permanently deprive the possessor of that property or its use.

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LARCENY BY TRICK

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Person, through fraud, lying, deceit, trickery or misrep. of fact induces another to relinquish possession where person would not have relinquished property w/o fraud.

NB: Fraudulent act is a proxy for the actual taking and carrying away

Eg. Borrowing laptop with intent to pawn it
Eg. Rent car from agency with intent to not return or pay

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LARCENY BY FALSE PRETENSES

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Person, through fraud or deceit, makes a false representation of a
past/present material fact which induces a person to deliver title

NB: Dealing with the transfer of title; ownership.

Eg. Put a roach in food claiming that the restaurant did it
Eg. Using someone’s credit card w/o authority; getting the receipt for the item is title
Eg. Writing a check (a warranty) and not having the money in the bank at that point- this is a material misrepresentation b/c but for the representation the merchant would not have given you the merchandise
Eg. D borrows money from V, a bank, by lying on the credit application. False pretenses because bank passed over title to the money in return for D’s promise to repay.
Eg. Boy went in store intending to purchase a game. Only had $8. Game was $10. Switched the $10 tag with the $7 tag. Purchased game for $7.

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EMBEZZLEMENT (lawful possession)

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The specific intent to fraudulently convert money or property of another that a person has lawfully received in a fiduciary relationship for his/her own benefit or for the benefit of another person

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RECEIVING STOLEN GOODS

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Requires:
1. The receipt of (control; cannot be thief)
2. Stolen goods
3. Knowing it to be stolen
4. With the specific intent to permanently deprive owner of property

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ROBBERY

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Under CL, a:
1. Larceny (all elements)
2. From a person
3. By force (violence or intimidation); must be immediate and victim MUST ACTUALLY be in fear -subjective; the force MUST CAUSE victim to part with property

Specific intent crime; force must be immediate

Any defense to larceny is a defense to robbery

Cannot be convicted of both larceny and robbery

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CRIM LAW & PRO REMEDIES

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1. Enter Appearance
2. Motion for Discovery
3. Motion to Suppress
4. Motion to Sever Offenses
5. Motion to Sever Defendants
6. Demand a Speedy Trial

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SEARCH & SEIZURE

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The 4th Amendment Search and Seizure prohibits gov'tal warrantless searches and seizures, UNLESS some exigent circumstance or exception. To implicate the 4th Amendment, the search must invade a person's reasonable expectation of privacy

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WARRANTLESS TRAFFIC STOPS

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Are permitted when an officer has PC to believe that a traffic law violation was committed in the officer's presence

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PRE-TEXTUAL STOP

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Is a valid stop that does not become invalidated b/c the officer used a minor offense as a pretext to mask the real reason for the stop.

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DOG SNIFF

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Not a search

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DURATION

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A stop may last no longer than necessary to effectuate its objective

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AUTOMOBILE EXCEPTION

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Validates a warrantless search of a vehicle where an officer has PC to believe that there is contraband in the vehicle. A search under this exception allows the officer to search anywhere in the vehicle capable of hiding the contraband

NB: Does not apply to passengers

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PLAIN VIEW EXCEPTION

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Validates a warrantless seizure where there is a prior valid intrusion and an item is seen in plain view that is immediately apparent as evidence of a crime