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88 Cards in this Set

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Actus Reus
As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability.
Mens Rea - Definition
a blameful/culpible mind, on the part of the defendant; Guilty Mind.
CL-Knowingly, willingly, recklessly
MPC-Knowingly, purposefully, recklessly, negligently
Malum in Se
Latin referring to an act that is "wrong in itself," in its very nature being illegal because it violates the natural, moral or public principles of a civilized society. In criminal law it is one of the collection of crimes which are traditional and not just created by statute.
Malum Prohibitum
Latin meaning "wrong due to being prohibited," which refers to crimes made so by statute, compared to crimes based on CL and obvious violations of society's standards.
Malice
act that is committed intentionally without Just Cause or excuse. It does not necessarily imply personal hatred or ill feelings, but rather, it focuses on the mental state that is in reckless disregard of the law in general and of the legal rights of others.
The intentional commission of a wrongful act, absent justification, with the intent to cause harm to others; conscious violation of the law that injures another individual; a mental state indicating a disposition in disregard of social duty and a tendency toward malfeasance.
Criminal Intent
A criminal or wrongful purpose. Intent refers only to the state of mind with which the act is done or omitted. It differs from motive, which is what prompts a person to act or to fail to act. For example, suppose Billy calls Amy names and Amy throws a snowball at him. Amy's intent is to hit Billy with a snowball. Her motive may be to stop Billy's taunts.
A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.
Specific Intent
The mental purpose, aim, or design to accomplish a specific harm or result by acting in a manner prohibited by law.
Crimes requiring act and intent to bring about results or knowledge to substantial certainty that results will occur: solicitation, attempt, conspiracy, intent-to-kill murder, voluntary manslaughter, assault, larceny, robbery, burglary, forgery, false pretenses and embezzlement.
General Intent
Defendant meant to do the criminal act that caused the harm or result, no expectation of specific result.
No specific intent is required; a bad state of mind is sufficient: rape, battery, arson, kidnapping, false imprisonment, involuntary manslaughter and depraved heart murder.
Reckless
Careless to the point of being heedless of the consequences.
Knowingly
CL-Consciously; willfully; subject to complete understanding of the facts or circumstances.
MPC-an individual is aware the nature of their conduct, or the circumstances is of such nature of that conduct, and conscious of the fact that it is substantially certain that the conduct will precipitate a result/harm.
it signifies that the defendant knew what he or she was going to do and, subject to such knowledge, engaged in the act
Willingly
CL-Willful and Wonton:A wanton injury is one precipitated by a conscious and intentional wrongful act or by an omission of a known obligation with reckless indifference to potential harmful consequences.
MPC??
Negligently
CL-None

MPC
CRIMES AGAINST PERSONS

Assault
Under the common law and most modern statutes, assault can either be (1) an attempted battery or (2) Intentionally placing a victim in fear of a harmful or offensive touching. Most states have degrees of assault and have greater punishment if defendant uses weapon in assault. The MPC uses the term “assault” to cover both common-law assault and common-law battery.

Common-law assault is a specific intent crime. If defendant commits assault and battery, or assault and robbery, the assault will merge into the more serious crime.
CRIMES AGAINST PERSONS

Battery
The unlawful application of force to the person of another resulting in physical harm or an offensive touching. Battery requires a mental state of recklessness. Mental state is not found in definition of crime, but courts have decided that recklessness is the required mental state.
Tort of battery requires specific intent, but crime of battery does not (can act intentionally or recklessly). Most states have more than one degree of battery.
CRIMES AGAINST PERSONS

Mayhem
Defendant intentionally maims or permanently disables Victim. The injury must be serious and permanent.
CRIMES AGAINST PERSONS

False Imprisonment
Defendant unlawfully restrains Victim, substantially interfering with V’s liberty. V must have no reasonable means of escape.
CRIMES AGAINST PERSONS

Rape
Unlawful sexual intercourse (with a female) without consent of victim. Consent will be nullified by “fraud in the essence.” Victim must be forced or threatened with imminent harm and must make reasonable resistance.
Complete spousal exemption at common law has been weakened by statutory reform.
CRIMES AGAINST PERSONS

Statutory Rape
Sexual intercourse with an under-age victim (usually female, (typically 16 years of age or less). Strict liability at common law. MPC allows “reasonable mistake as to age” defense.
CRIMES AGAINST PERSONS

Kidnapping
Unlawful confinement of another, accompanied by either a moving of the victim into hiding /placing in seclusion/ unknown place.
CRIMES AGAINST PERSONS

Homicide - Rule
Unlawful killing of another human being.
CRIMES AGAINST PERSONS

Murder - CL - Felony Murder
Felony Murder rule (where a killing is done in the perpetration of an inherently dangerous or enumerated felony).
CRIMES AGAINST PERSONS

Homicide - Classifications
CL-Murder, Manslaughter,Felony Murder
MPC-1st/2nd Degree Murder, Voluntary/Involuntary Manslaughter, Felony Murder
CRIMES AGAINST PERSONS

Murder - CL/MPC - 1st Degree
1-Premeditated and deliberate intent to kill (either desires death or knows death to be substantially certain), or (2) FELONY MURDER (death that occurs during the commission of an INHERENTLY DANGEROUS FELONY or (3) other types as enumerated by state statute.
CRIMES AGAINST PERSONS

Homicide - Common Law
Murder with malice aforethought.
CRIMES AGAINST PERSONS

Murder - CL - Malice
1-intent to kill; 2-intent to inflict serious bodily injury; and 3-wanton and willful conduct, or “depraved heart” (an act evincing a careless disregard for the value of human life).
CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Premeditation
Thought was given to the idea of killing (turned over in the defendant’s mind or given a second thought).
CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Deliberaton
Defendant acted calmly rather than on impulse, sudden anger, threat of imminent harm.
CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Actus Rea
Act must be actual cause of death (i.e., "but for" or substantial factor) and proximate cause. (act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner).
Proximate Cause-act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner.
CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree
1-Intent to kill w/out premeditation and deliberation (and without reasonable provocation) (either desires death or knows death to be substantially certain); 2-intent to commit great bodily injury (even if premeditated and deliberated); 3-depraved heart (an intent to commit an act with conscious disregard for unjustified risk to human life or reckless indifference to the value of human life); 4-death that occurs during the commission of a non-inherently dangerous activity; 5-defined by statute (all murders that are not first degree).
CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree - Great Bodily Harm
Majority of States-Defendant must actually realize there was a high probability of serious harm)
Minority-Some courts hold that only conduct which is likely to be “life threatening” suffices for “intent to commit serious bodily injury.”
MPC does not recognize great bodily harm.
CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree - Actus Rea
Act must be actual cause of death (i.e., "but for" or substantial factor) and proximate cause. (act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner).
Proximate Cause-act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner.
CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter
ML-Intentional, unlawful homicide w/out malice aforethought b/c of adequate provocation OR where deadly forces is used honestly but unreasonably.
Honest but Unreasonable-imperfect self-defense, defense of others, prevention of felony, coercion/necessity.
Murder - ML/MPC - Voluntary Manslaughter - Criminal Negligence
Gross negligence where Defendant must be shown to have disregarded a substantial danger of serious injury/death.
MPC-Recklessness, conscious disregard of a substantial/unjustifiable risk.
Must be member of class of persons endangered by and type of harm must be related to defendant's conduct.Negligence viewed in light of external circumstances and my relate to circumstances where omission of duty of care is owed.
CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter - Adequate Provocation
1-a reasonable person would have been provoked (lose their self-control/temper) (objective test); 2-the defendant was in fact provoked (subjective test); 3-a reasonable person would not have “cooled off” (objective); 4-the defendant did not, in fact, “cool off” (subjective).
Ex: Battery (more than trivial), assault, mutual combat, adultery, words carrying information (“I’m having an affair with your wife”), mercy killing; reasonable and extreme mental/emotional disturbance.
CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter - Actus Reus
Actual and proximate cause.

Proximate Cause-act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner.
Murder - ML/MPC - Inoluntary Manslaughter
Unlawful, unintentional homicide w/out malice aforethought as the result of criminal negligence or during the commission of a lesser crime that is otherwise insufficient for a charge of murder.
Murder - ML/MPC - Voluntary Manslaughter -Actus Reus
Criminal negligence must be the actual and proximate cause of death.
Proximate Cause-act and harm so closely related that the act is a legal cause of the harm; no unforeseeable/superseding independent/intervening act; "1yr & Day" rule; transferred intent from intended victim to another in intended or unintended manner.
Misdemeanor may be the basis for the application of criminal negligence (i.e., battery, traffic violations).
Malum in se cases-proximate cause maybe suspended.
Malum prohibitum- show violation was the proximate cause.
CRIMES AGAINST PERSONS

Murder - ML/MPC - Felony Murder
ML-Homicide that occurs during the commission of a felony and is a natural consequence of the defendant's acts.
MPC-presumption of recklessness/extreme indifference to the value of human life during the commission of felony.
Redline Defense-A co-criminal my not be charged with murder merely b/c the other co-criminal is killed by a victim, bystander, or police during the commission of a felony (not unlawful homicide).
CRIMES AGAINST PROPERTY

Arson
Malicious burning of the dwelling/house of another (smoke not sufficient). Malice crime
CRIMES AGAINST PROPERTY

Larceny
The intentional taking and carrying away of the personal property of another w/out consent and the intent to permanently deprive of property.
Slight movement sufficient if Defendant had complete control over property. If defendant knew/should have known of owner and decides to deprive owner of property, larceny attaches.
CRIMES AGAINST PROPERTY

Larceny by Trick
Possession and ability to exercise complete control is obtained by fraud or deceit. Must be converted by defendant (i.e., destroyed, sold).
CRIMES AGAINST PROPERTY

Embezzlement
Fraudulent conversion of the property of another (to/for defendant's own use). Defendant must already have lawful possession of the property when intent to convert occurs.
CRIMES AGAINST PROPERTY

False Pretenses
Obtaining title to personal property of another by intentional false statements w/intent to defraud.
CRIMES AGAINST PROPERTY

Forgery
Fraudulent making of false writing which has apparent legal significance. Actual fraud not necessary.
CRIMES AGAINST PROPERTY

Robbery
Taking and carrying awar of the personal property in possession of another from their possession/presence by force/intimidation w/intent to permanently deprive.
CRIMES AGAINST PROPERTY

Burglary
Breaking and entering into the dwelling-house of another at night w/intent to commit a felony. Complete at time of entry as long as mental state was present, even w/o taking anything form dwelling-house.
Can be defined by statute, where "at night" and "dwelling/house" are removed.
CRIMES AGAINST PROPERTY

Receiving Stolen Property
Receipt of property w/knowledge or belief that it was stolen w/intent to deprive owner.
CRIMES AGAINST PROPERTY

Blackmail/Extortion
Property taken from possession of another by threat of future harm. Crime is complete when threats are made.
MPC Defense-honest claim to the property as restitution or compensation for property/lawful services.
CRIMES AGAINST PROPERTY

Defense - Claim of Right
Property taken to satisfy a debt or some other claim by defendant against victim (i.e., property taken, liquidated to fixed monetary form - D could have claim).
Inchoate (in ko it)
Commenced but not completed, partially done, generally used in contract law to describe an undertaking which has been agreed upon, but as to which all necessary formalities (for example, signatures on the document) have not been completed.
INCHOATE CRIMES

Aid and Abet
To encourage or incite another to commit a crime. This word is usually applied to aiding in the commission of a crime.
In relation to charge of aiding and abetting, term includes knowledge of the perpetrator's wrongful purpose, and encouragement, promotion or counsel of another in the commission of the criminal offense.

In relation to charge of aiding and abetting, term includes knowledge of the perpetrator's wrongful purpose, and encouragement, promotion or counsel of another in the commission of the criminal offense.
INCHOATE CRIMES

Principle in the 1st Degree
CL-Defendant is the one that commits the actus reus.
INCHOATE CRIMES

Principle in the 2nd Degree
CL-accomplice who aided and abetted the principles (usually present or constructively present).
INCHOATE CRIMES

Accessory Before the Fact
CL-accomplice who aided and abetted the principles (presence at crime not necessary).
INCHOATE CRIMES

Accessory After the Fact
Defendant knew the crime was committed/complete, gave assistance to the felon, and took affirmative acts to hinder the arrest of the felon.
INCHOATE CRIMES

Attempt
An endeavor to accomplish an act, carried beyond mere preparation, but falling short of execution of the ultimate design, in any part of it.
Requires specific intent.
Proximity, equivocality, and substantial step tests).
INCHOATE CRIMES

Attempt - Proximity Test
CL-Defendant came very close to committing crime, no opportunity for abandonment.
INCHOATE CRIMES

Attempt - Equivocality Test
Defendant's conduct unequivocally manifested criminal intent.
INCHOATE CRIMES

Attempt - Substantial Step Test
Substantial step taken, beyond mere preparation, w/intent of committing crime.
INCHOATE CRIMES

Accomplice Liability
One who assists/encourages the crime w/intent that the crime be committed. Liable if accomplice was reckless/negligent.
Substantial step not required, assistance/encouragement can be sufficient.
INCHOATE CRIMES

Accomplice Liability - Withdrawal
Abandon the effort to commit the crime or prevent the crime from being committed, and their behavior manifests a complete and voluntary renunciation of the criminal purpose (MPC § 5.01(4)). Not complete if motivated in whole or part by desire to postpone the criminal conduct to a more advantageous time, or to transfer the criminal effort to another but similar objective or victim; reacting to circumstances that increase the probability of detection or apprehension, or reacting to a change in circumstances that makes the crime harder to commit.
INCHOATE CRIMES

Conspiracy
CL-an agreement between two or more people to do an unlawful act.
ML-an agreement...to do an unlawful act and an overt act in furtherance of the agreement.
MPC-Defendant may be guilty even if one party had no intention of entering into the agreement (no meeting of the minds necessary).
INCHOATE CRIMES

Conspiracy - Mental State
Defendant must intend to enter into the agreement and intend to have the unlawful act committed (even if target crime required less culpable mental state).
Knowledge not sufficient; knowledge and state in the outcome of the criminal activitiy could be sufficient to establish intent.
INCHOATE CRIMES

Conspiracy - Overt Act
CL-Conspirators were liable for any conspiracy but crimes committed in furtherance of the conspiracy (Pinkerton Rule).
Wheel - all parties not aware of others actions in furtherance of crime; not generally conspiracy.
Chain - parties actions depended on actions of previous participant; generally known and conspiracy.
INCHOATE CRIMES

Conspiracy - Withdrawal from Conspiracy
Defendant must voluntarily give up the plan and communicate withdrawal to all co-conspirators with sufficient time for them to change their plans.
One who withdraws from a conspiracy before the crime occurs is liable for acts that occur later only if acts are w/n scope of conspiracy prior to withdrawal.
INCHOATE CRIMES

Conspiracy - Withdrawal from Conspiracy - Wharton's Rule
When the substantive offense is defined as to the necessarily require more than one person, prosecution must be for the substantive offense rather than conspiracy.
MPC rejects Wharton's Rule; Defendant may not be convicted of both the substantive crime and conspiracy to commit the crime.
INCHOATE CRIMES

Solicitation
Asking another person to commit a crime w/intent of having the crime occur (mental state and act present). If the crime occurs, merger into substantive crime.
DEFENSES - Justified
Infancy, Insanity, Intoxication, Impossibility, Automatism
DEFENSES

Infancy
The defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense allegedly committed.
<7=unable to form criminal intent; 7-14=child of similar capacity and knowledge; >14=ability to form criminal intent.
DEFENSES

Insanity
An accused is not criminally responsible if, at the time of committing the act, the person was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act done or if the act was known, to not have known that what was done was wrong.
TESTS: M'Naghten, Irresistible Impulse, Durhan, MPC, Automatism
DEFENSES

Insanity - M'Naghten
Must clearly proved that, at the time of the committing of the act, the Defendant labored under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he/she was doing; or if he did know it, then he/she did not know he/she was doing what was wrong.
DEFENSES

Insanity - Irresistible Impulse
Defendant, because of mental disease or defect, lacked the capacity to distinguish right from wrong (cognitive insanity) or was unable to act in conformance with the law (volitional insanity).
DEFENSES

Insanity - Durhan/Product Test
Defendant unlawful act was the product of mental disease or defect.
DEFENSES

Insanity - MPC
Defendant is not responsible for criminal conduct if, at the time of such conduct as a result of mental disease or defect, he/she lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
DEFENSES

Diminished Capacity
Defendant, because of mental impairment or disease, incapable of reaching the mental state required to commit a particular crime; unable to formulate the requisite intent.
DEFENSES

Automatism
Physiological or environmental factors caused the defendant to commit criminal actions involuntarily, thus without criminal intent (physical/mental condition prevented act from being voluntary).
DEFENSES

Intoxication
Voluntary Intox ≠ absence of criminal intent.

Involuntary Intox - Defendant was unaware of mind altering substance consumption and thus unable to form requisite criminal intent.
DEFENSES - Excuses
Self-defense, Defense of Others, Duress Necessity, Law Enforcement, Consent, Entrapment, Defense of Property, Mistake of Fact/Factual Impossibility, Mistake of Law/True Legal Impossibility, Mistake of Fact-Legal Relationship
DEFENSES

Duress
Defendant broke the law out of an immediate fear of injury; any unlawful threat or coercion used to induce another to act [or not act] in a manner [they] otherwise would not [or would].
Must prove 1-threat from 3rd person 2-that presented a reasonable fear 3-to defendant (immediate family) will suffer imminent 4-death or serious bodily injury.
DEFENSES

Necessity
Defendant's act 1-sought to prevent greater harm, 2-there as no reasonable alternative known/should have been know, 3-to prevent imminent harm, 4-was not the result of defendant's action, and 5-nature of harm to be prevented was some kind of injury or property damage (non$)
Lesser of the two/available evils
DEFENSES

Law Enforcement / Crime Prevention
Officer may use reasonable force during the process of arrest or to prevent the commission of a crime/felony.
DEFENSES

Consent
Defendant can argue that, because of consent, there was no crime. Consent must be informed and provided by one of legal capacity. Victims < age of majority cannot consent.
DEFENSES

Entrapment
Gov originates/induces the crime and Defendant is an innocent person who is not predisposed to committing that sort of crime.
DEFENSES

Self-Defense
Defendant may use reasonable force to defend self against imminent unlawful force when D 1-is not the aggressor, 2-attempted to w/draw from situation, and 3-other party pursued and escalated the violence.
DEFENSES

Defense of Others
Defendant my use reasonable force to defend another person D reasonably believes is in imminent danger of unlawful bodily harm.
DEFENSES

Defense of Property
Defendant my use reasonable/non-deadly force when D 1-believes it to be in peril of imminent trespass or theft and 2-requests victim to desist from interference w/property 3-b/4 use of force.
DEFENSES

Mistake of Fact / Factual Impossibility
Defendant reasonably believed the culpable act was necessary based on his observation, even if, when given complete knowledge of the situation, the act may have been unwarranted.
DEFENSES

Mistake of Law / Legal Impossibility
Defendant engaged in counduct which would constitute a crime if the circumstances were as Defendant believed them to be.

Cannot be crime to was car on Sunday w/o statute making the act criminal.
Defendant, resulting from misconception of the facts, reaches an erroneous conclusion as to their legal effect; an incorrect opinion or inference, arising from a flawed evaluation of the facts/law.