Criminal Law - Rule Statements - Concord June 09

Front 1

Actus Reus

Back 1

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.

Front 2

Mens Rea - Definition

Back 2

a blameful/culpible mind, on the part of the defendant; Guilty Mind.
CL-Knowingly, willingly, recklessly
MPC-Knowingly, purposefully, recklessly, negligently

Front 3

Malum in Se

Back 3

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.

Front 4

Malum Prohibitum

Back 4

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.

Front 5

Malice

Back 5

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.

Hint 5

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.

Front 6

Criminal Intent

Back 6

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.

Hint 6

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.

Front 7

Specific Intent

Back 7

The mental purpose, aim, or design to accomplish a specific harm or result by acting in a manner prohibited by law.

Hint 7

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.

Front 8

General Intent

Back 8

Defendant meant to do the criminal act that caused the harm or result, no expectation of specific result.

Hint 8

No specific intent is required; a bad state of mind is sufficient: rape, battery, arson, kidnapping, false imprisonment, involuntary manslaughter and depraved heart murder.

Front 9

Reckless

Back 9

Careless to the point of being heedless of the consequences.

Front 10

Knowingly

Back 10

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.

Hint 10

it signifies that the defendant knew what he or she was going to do and, subject to such knowledge, engaged in the act

Front 11

Willingly

Back 11

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??

Front 12

Negligently

Back 12

CL-None

MPC

Front 13

CRIMES AGAINST PERSONS

Assault

Back 13

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.

Front 14

CRIMES AGAINST PERSONS

Battery

Back 14

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.

Hint 14

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.

Front 15

CRIMES AGAINST PERSONS

Mayhem

Back 15

Defendant intentionally maims or permanently disables Victim. The injury must be serious and permanent.

Front 16

CRIMES AGAINST PERSONS

False Imprisonment

Back 16

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

Front 17

CRIMES AGAINST PERSONS

Rape

Back 17

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.

Hint 17

Complete spousal exemption at common law has been weakened by statutory reform.

Front 18

CRIMES AGAINST PERSONS

Statutory Rape

Back 18

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.

Front 19

CRIMES AGAINST PERSONS

Kidnapping

Back 19

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

Front 20

CRIMES AGAINST PERSONS

Homicide - Rule

Back 20

Unlawful killing of another human being.

Front 21

CRIMES AGAINST PERSONS

Murder - CL - Felony Murder

Back 21

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

Front 22

CRIMES AGAINST PERSONS

Homicide - Classifications

Back 22

CL-Murder, Manslaughter,Felony Murder
MPC-1st/2nd Degree Murder, Voluntary/Involuntary Manslaughter, Felony Murder

Front 23

CRIMES AGAINST PERSONS

Murder - CL/MPC - 1st Degree

Back 23

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.

Front 24

CRIMES AGAINST PERSONS

Homicide - Common Law

Back 24

Murder with malice aforethought.

Front 25

CRIMES AGAINST PERSONS

Murder - CL - Malice

Back 25

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).

Front 26

CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Premeditation

Back 26

Thought was given to the idea of killing (turned over in the defendant’s mind or given a second thought).

Front 27

CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Deliberaton

Back 27

Defendant acted calmly rather than on impulse, sudden anger, threat of imminent harm.

Front 28

CRIMES AGAINST PERSONS

Murder - ML/MPC - 1st Degree - Actus Rea

Back 28

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).

Hint 28

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.

Front 29

CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree

Back 29

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).

Front 30

CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree - Great Bodily Harm

Back 30

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.

Front 31

CRIMES AGAINST PERSONS

Murder - ML/MPC - 2nd Degree - Actus Rea

Back 31

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).

Hint 31

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.

Front 32

CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter

Back 32

ML-Intentional, unlawful homicide w/out malice aforethought b/c of adequate provocation OR where deadly forces is used honestly but unreasonably.

Hint 32

Honest but Unreasonable-imperfect self-defense, defense of others, prevention of felony, coercion/necessity.

Front 33

Murder - ML/MPC - Voluntary Manslaughter - Criminal Negligence

Back 33

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.

Hint 33

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.

Front 34

CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter - Adequate Provocation

Back 34

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).

Hint 34

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.

Front 35

CRIMES AGAINST PERSONS

Murder - ML/MPC - Voluntary Manslaughter - Actus Reus

Back 35

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.

Front 36

Murder - ML/MPC - Inoluntary Manslaughter

Back 36

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.

Front 37

Murder - ML/MPC - Voluntary Manslaughter -Actus Reus

Back 37

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.

Hint 37

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.

Front 38

CRIMES AGAINST PERSONS

Murder - ML/MPC - Felony Murder

Back 38

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.

Hint 38

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).

Front 39

CRIMES AGAINST PROPERTY

Arson

Back 39

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

Front 40

CRIMES AGAINST PROPERTY

Larceny

Back 40

The intentional taking and carrying away of the personal property of another w/out consent and the intent to permanently deprive of property.

Hint 40

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.

Front 41

CRIMES AGAINST PROPERTY

Larceny by Trick

Back 41

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

Front 42

CRIMES AGAINST PROPERTY

Embezzlement

Back 42

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.

Front 43

CRIMES AGAINST PROPERTY

False Pretenses

Back 43

Obtaining title to personal property of another by intentional false statements w/intent to defraud.

Front 44

CRIMES AGAINST PROPERTY

Forgery

Back 44

Fraudulent making of false writing which has apparent legal significance. Actual fraud not necessary.

Front 45

CRIMES AGAINST PROPERTY

Robbery

Back 45

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

Front 46

CRIMES AGAINST PROPERTY

Burglary

Back 46

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.

Hint 46

Can be defined by statute, where "at night" and "dwelling/house" are removed.

Front 47

CRIMES AGAINST PROPERTY

Receiving Stolen Property

Back 47

Receipt of property w/knowledge or belief that it was stolen w/intent to deprive owner.

Front 48

CRIMES AGAINST PROPERTY

Blackmail/Extortion

Back 48

Property taken from possession of another by threat of future harm. Crime is complete when threats are made.

Hint 48

MPC Defense-honest claim to the property as restitution or compensation for property/lawful services.

Front 49

CRIMES AGAINST PROPERTY

Defense - Claim of Right

Back 49

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).

Front 50

Inchoate (in ko it)

Back 50

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.

Front 51

INCHOATE CRIMES

Aid and Abet

Back 51

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.

Hint 51

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.

Front 52

INCHOATE CRIMES

Principle in the 1st Degree

Back 52

CL-Defendant is the one that commits the actus reus.

Front 53

INCHOATE CRIMES

Principle in the 2nd Degree

Back 53

CL-accomplice who aided and abetted the principles (usually present or constructively present).

Front 54

INCHOATE CRIMES

Accessory Before the Fact

Back 54

CL-accomplice who aided and abetted the principles (presence at crime not necessary).

Front 55

INCHOATE CRIMES

Accessory After the Fact

Back 55

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

Front 56

INCHOATE CRIMES

Attempt

Back 56

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.

Hint 56

Proximity, equivocality, and substantial step tests).

Front 57

INCHOATE CRIMES

Attempt - Proximity Test

Back 57

CL-Defendant came very close to committing crime, no opportunity for abandonment.

Front 58

INCHOATE CRIMES

Attempt - Equivocality Test

Back 58

Defendant's conduct unequivocally manifested criminal intent.

Front 59

INCHOATE CRIMES

Attempt - Substantial Step Test

Back 59

Substantial step taken, beyond mere preparation, w/intent of committing crime.

Front 60

INCHOATE CRIMES

Accomplice Liability

Back 60

One who assists/encourages the crime w/intent that the crime be committed. Liable if accomplice was reckless/negligent.

Hint 60

Substantial step not required, assistance/encouragement can be sufficient.

Front 61

INCHOATE CRIMES

Accomplice Liability - Withdrawal

Back 61

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.

Front 62

INCHOATE CRIMES

Conspiracy

Back 62

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.

Hint 62

MPC-Defendant may be guilty even if one party had no intention of entering into the agreement (no meeting of the minds necessary).

Front 63

INCHOATE CRIMES

Conspiracy - Mental State

Back 63

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).

Hint 63

Knowledge not sufficient; knowledge and state in the outcome of the criminal activitiy could be sufficient to establish intent.

Front 64

INCHOATE CRIMES

Conspiracy - Overt Act

Back 64

CL-Conspirators were liable for any conspiracy but crimes committed in furtherance of the conspiracy (Pinkerton Rule).

Hint 64

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.

Front 65

INCHOATE CRIMES

Conspiracy - Withdrawal from Conspiracy

Back 65

Defendant must voluntarily give up the plan and communicate withdrawal to all co-conspirators with sufficient time for them to change their plans.

Hint 65

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.

Front 66

INCHOATE CRIMES

Conspiracy - Withdrawal from Conspiracy - Wharton's Rule

Back 66

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.

Hint 66

MPC rejects Wharton's Rule; Defendant may not be convicted of both the substantive crime and conspiracy to commit the crime.

Front 67

INCHOATE CRIMES

Solicitation

Back 67

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.

Front 68

DEFENSES - Justified

Back 68

Infancy, Insanity, Intoxication, Impossibility, Automatism

Front 69

DEFENSES

Infancy

Back 69

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.

Hint 69

<7=unable to form criminal intent; 7-14=child of similar capacity and knowledge; >14=ability to form criminal intent.

Front 70

DEFENSES

Insanity

Back 70

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.

Hint 70

TESTS: M'Naghten, Irresistible Impulse, Durhan, MPC, Automatism

Front 71

DEFENSES

Insanity - M'Naghten

Back 71

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.

Front 72

DEFENSES

Insanity - Irresistible Impulse

Back 72

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).

Front 73

DEFENSES

Insanity - Durhan/Product Test

Back 73

Defendant unlawful act was the product of mental disease or defect.

Front 74

DEFENSES

Insanity - MPC

Back 74

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.

Front 75

DEFENSES

Diminished Capacity

Back 75

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.

Front 76

DEFENSES

Automatism

Back 76

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

Front 77

DEFENSES

Intoxication

Back 77

Voluntary Intox ≠ absence of criminal intent.

Involuntary Intox - Defendant was unaware of mind altering substance consumption and thus unable to form requisite criminal intent.

Front 78

DEFENSES - Excuses

Back 78

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

Front 79

DEFENSES

Duress

Back 79

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].

Hint 79

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.

Front 80

DEFENSES

Necessity

Back 80

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$)

Hint 80

Lesser of the two/available evils

Front 81

DEFENSES

Law Enforcement / Crime Prevention

Back 81

Officer may use reasonable force during the process of arrest or to prevent the commission of a crime/felony.

Front 82

DEFENSES

Consent

Back 82

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.

Front 83

DEFENSES

Entrapment

Back 83

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

Front 84

DEFENSES

Self-Defense

Back 84

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.

Front 85

DEFENSES

Defense of Others

Back 85

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

Front 86

DEFENSES

Defense of Property

Back 86

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.

Front 87

DEFENSES

Mistake of Fact / Factual Impossibility

Back 87

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.

Front 88

DEFENSES

Mistake of Law / Legal Impossibility

Back 88

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.

Hint 88

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.