Criminal Law - Unfinished (De Specific)

Front 1

Are there common law crimes in DE?

Back 1

No

Front 2

When does DE have jurisdiction?

Back 2

1. conduct in DE; or
2. conduct outside DE if conspiracy to commit a crime in DE and overt act

Front 3

When is there no SOL in DE?

Back 3

1. murder
2. all class A felonies
3. all sex offenses

Front 4

What is the SOL for all felonies (except class A and sex offenses)?

Back 4

5 years after crime committed

Front 5

What is the SOL for Class A misdemeanors?

Back 5

3 years after crime committed

Front 6

What is the SOL for all other criminal prosecutions?

Back 6

2 years after crime committed or if forgery, fraud or actively concealed theft, after discovered or should have been discovered

Front 7

When does the prosecution begin?

Back 7

When an indictment or information is filed

Front 8

When is the SOL tolled?

Back 8

While the D is a fugitive

Front 9

What are the special SOL rules?

Back 9

1. based upon DNA evidence – can be within 10 years
2. sexual offenses – cannot be based solely on memory of victim recovered through psychotherapy unless there is also independent evidence

Front 10

How is the required mens rea determined?

Back 10

Statute either specifically states, or if none stated either intentionally, knowingly, or recklessly

Front 11

What is intentionally in DE?

Back 11

When it is his conscious object or purpose to engage in the conduct or cause the result

Front 12

What is knowingly in DE?

Back 12

Aware that his conduct is of that nature or that such circumstances exist or if the element involves a result, he is aware that it is practically certain his conduct will cause that result

Front 13

What is recklessly in DE?

Back 13

Aware of and consciously disregards a substantial and unjustifiable risk that the element exists or will result from his conduct

Must be a gross deviation from ORPP

Front 14

What is criminal negligence in DE?

Back 14

Fails to perceive a risk that the element exists

Must be a gross deviation from ORPP

Front 15

What causation is used?

Back 15

But for...

Front 16

What are the special rules for intent?

Back 16

1. if a crime requires a lower mens rea and a higher one is proven, proof is established
2. transferred intent applies

Front 17

When is there accomplice liability in DE?

Back 17

1. D causes an innocent or irresponsible person to commit the crime, and the D has the state of mind sufficient to commit the crime; or
2. intending to facilitate the crime, he:
a. solicits another to commit it; or
b. aids another in planning or committing it; or
c. having a legal duty to prevent the crime, he fails to make a proper effort to do so

Front 18

When isn’t there accomplice liability in DE?

Back 18

1. victim of the crime;
2. offense is defined such that his conduct is incident to its omission; or
3. terminates involvement prior to the commission of the crime and
a. wholly deprives it of effectiveness sin the crime; or
b. warns a law enforcement officer or makes a proper effort to prevent its commission

Front 19

When is there criminal liability for an organization?

Back 19

Guilty when:
1. conduct is an omission to discharge a specific duty of affirmative performance imposed on organizations by law;
2. conduct is engaged in, authorized, solicited, requested, commanded or recklessly tolerated by the board of directors or other high managerial agent;
3. conduct is committed by an agent acting within the scope of his employment and, the offence is a misdemeanor, a violation, or the statute itself imposes liability on the organization

Front 20

What are the levels of proof required in DE?

Back 20

1. conviction – beyond a reasonable doubt
2. search – probable cause
3. stop – reasonable articulable suspicion
4. defense – credible evidence
5. affirmative defense – preponderance of the evidence

Front 21

What are the rebuttable presumptions in DE?

Back 21

1. person is presumed to intend the natural and probable consequences of his act
2. a person found in possession of recently stolen goods is presumed to have committed the crime

Front 22

What does the degree of fault depend on?

Back 22

1. seriousness of injury
2. who was the victim

Front 23

What is required for first degree assault?

Back 23

1. intentionally causes serous physical injury AND (one of the following)
a. with deadly weapon/dangerous instrument
b. against law enforcement/corrections/fireman/emergency care worker; or
c. sixty two or older
OR
2. reckless conduct which causes a substantial risk of death resulting in serious physical injury
OR
3. intentionally or recklessly causes serious physical injury while engaged in/attempting/or flight from any felony

Front 24

What is required for second degree assault?

Back 24

1. recklessly or intentionally causing one of following:
a. serious physical injury
b. physical injury with special conditions (protected classes in 1st degree)
c. physical injury to a pregnant female
d. physical injury by an adult of a child less than 6
e. intentionally uses chemical spray while engaged in crime

Front 25

What is required for third degree assault?

Back 25

1. recklessly or intentionally causing either:
a. physical injury; or
b. criminal negligence with weapon causing physical injury

Front 26

What is serious physical injury?

Back 26

Ex. surgery, hospitalization, broken bones, lots of stitches

Creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health or prolonged loss or impairment of the function of any bodily organ, or which causes the unlawful termination of pregnancy with the consent of the pregnant female

Front 27

What is physical injury?

Back 27

Impairment of physical condition or substantial pain

Front 28

What is required for offensive touching?

Back 28

1. intentionally touching another person (with body or instrument); and
2. likely to cause offense or alarm

if against police, etc. – Class A misdemeanor