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69 Cards in this Set
- Front
- Back
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Jurisdiction |
A crime may be prosecuted in any state where the conduct takes place or result occurs |
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Burden of Proof |
Prosecution must prove each element of crime beyond a reasonable doubt |
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Felony |
A crime that may be punished by death or imprisonment for more than one year |
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Misdemeanor |
A crime that may be punished by fine and/or imprisonment for less than one year |
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Common Law mental states |
Specific Intent Malice General Intent Strict Liability |
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Specific Intent defined |
The crime requires the desire to do the act and the desire to achieve a specific intent/result |
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Malice defined |
When ∆ acts intentionally or with reckless disregard of an obvious or known risk |
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General Intent defined |
The ∆ need only be generally aware of the factors constituting the crime, the ∆ does not need to intend a specific result |
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Strict Liability defined |
When the crime requires simply doing the act |
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Specific Intent crimes |
Solicitation, Conspiracy, Attempt First-degree murder, Assault Larceny, Embezzlement, False Pretense, Robbery, Burglary, Forgery
Students Can Always Fake A Laugh, Even For Really Bad Facts |
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Malice crimes |
Murder Arson |
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General Intent crimes |
Kidnapping False Imprisonment Rape Battery |
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Strict Liability crimes |
Public Welfare crimes (transferring unregistered firearms, selling contaminated food, shipping adulterated drugs)
Statutory Rape |
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MPC Mental States |
Purpose Knowledge Reckless Negligence Strict Liability
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Purpose defined |
The ∆ acts purposely when it is his conscious desire to achieve a particular result |
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Knowledge defined |
The ∆ acts knowingly when he is aware of what he is doing and that it is practically certain that his conduct will cause the result |
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Reckless defined |
The ∆ acts recklessly when he is aware of a substantial and unjustifiable risk and consciously disregards that risk |
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Negligence defined |
The ∆ acts with negligence when he should have known of a substantial and unjustifiable risk |
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Two types of Causation |
Actual Causation "but for" Proximate causation |
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Actual causation defined |
A ∆ is an actual cause if the bad result would not have occurred but for the ∆'s conduct |
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Proximate causation defined |
A ∆ is a proximate cause if the bad result is a natural and probably consequence of the ∆'s conduct
∆ will not be the proximate cause if an unforeseeable, intervening event causes the bad result |
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Concurrence Principle defined |
The ∆ must have the required mental state at the same time as he engages in the culpable act |
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Battery defined |
The unlawful application of force to another, resulting in physical injury or offensive touching
Mental state: general intent |
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Assault defined |
Attempted battery or the intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of eminemt bodily harm
Mental state: specific intent |
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Murder defined |
Cause of death of another person with malice aforethought Mental state: malice, which is satisfied by: - The intent to kill (implied by use of deadly weapon), - The intent to inflict serious bodily harm -Extreme recklessness (indifference to life) -Commission of inherently dangerous felony |
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Transfer of Intent defined |
If ∆ intends to harm one victim, but accidently harms a different victim, then the ∆'s intent will transfer from the intended victim to the actual victim |
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First-Degree Murder |
Any intentional killing committed with premeditation and deliberation |
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Felony Murder |
Any killing caused during the commission of or attempt to commit a felony - ∆ must have committed the felony - Felony must be inherently dangerous - Felony must be independent of the killing - Killing must take place during or while fleeing - Death must be foreseeable - Victim cannot be co-felon |
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Voluntary Manslaughter |
A killing committed intentionally in the heat of passion upon adequate provocation - provocation must be objectively adequate (arouse sudden and intense passion) - ∆ was actually provoked - ∆ did not have time to cool off - ∆ did not actually cool off between provocation and killing |
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Involuntary Manslaughter |
Two types: 1. Unlawful act manslaughter: a killing committed during the commission of a crime to which felony murder does not apply 2. Unintentional killing manslaughter: committed with criminal negligence (CL) or committed recklessly (MPC / Modern) |
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False Imprisonment defined |
The unlawful confinement of a person without his or her consent
Mental state: general intent |
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Kidnapping defined |
False imprisonment that involves either moving the victim or secluding the victim in a secret place
Mental state: general intent |
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Forcible Rape defined |
Sexual intercourse without the victim's consent accomplished by either force, threat of force, or when the victim is unconscious
Mental state: general intent |
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Statutory Rape defined |
Sexual intercourse with someone under the age of consent
Majority mental state: strict liability
MPC / Minority: a reasonable mistake of age is a defense |
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Larceny defined |
Trespassory taking and carrying away the personal property of another with the intent to permanently retain the property
Victim must have lawful custody If ∆ has lawful custody, then cannot be guilty of larceny If ∆ intends to give the property back, then not guilty of larceny because ∆ lacks the requisite intent to steal the property
Mental state: specific intent |
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Embezzlement defined |
Conversion of the personal property of another by a person already in lawful possession of that property, with the intent to defraud
Must have lawful possession that ∆ misappropriates Possession requires the authority to exercise some discretion over the property
Mental state: specific intent |
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False Pretenses defined |
Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud
Different from larceny because with larceny ∆ gets custody, but with false pretense ∆ gets title
Mental state: specific intent |
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Larceny by Trick defined |
If the ∆ obtains only custody as a result of the intentional false statement, then crime is larceny by trick, not false pretenses |
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Robbery defined |
A larceny from someone else's person or presence (location reasonably close to the victim) by force or threat of immediate injury
Mental state: specific intent |
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Forgery defined |
Making or altering a writing so that it is false, with the intent to defraud
Mental state: specific intent |
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MPC Approach to Theft Offenses |
Consolidate the common law property crimes of larceny, embezzlement, false pretense, and larceny by trick into a single offense known as theft
The seriousness of the offense will be determined by the value of the property taken |
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Burglary defined |
CL: breaking and entering the dwelling of another at night with the intent to commit a felony inside Mental state: specific intent
MPC: eliminated the technical requirement, such as "breaking," "dwelling," and "at night" |
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Arson defined |
CL: the malicious burning (requires material wasting) of a building Mental state: malice
Modern: extend arson to the burning of all building, even the ∆'s own property |
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Possession of Contraband defined |
Possession means control for a period of time long enough to have an opportunity to terminate possession
Constructive possession means it does not need to be in ∆'s actual possession, so long as it is close enough for ∆ to exercise dominion and control over Mental state: knowledge of the possession and of the character of item possessed
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Receipt of Stolen Property |
Receiving possession and control of stolen property
Mental state: knowledge that the property has been obtained criminally by another party and with the intent to permanently deprive the owner of his interest in the property |
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Parties to a Crime |
Principle: person who commits the crime Accomplice: person who helps - aids or encourages the principle
Person who is merely at the scene of the crime or has mere knowledge of the crime is not an accomplice
Mental state: intent that the crime be committed |
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Scope of Accomplice Liability |
Accomplice is guilty of all crimes that he aided or encourages and all other foreseeable crimes committed along with the aided crime
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Accomplice Withdrawl |
An accomplice can avoid criminal liability by withdrawing before the crime is committed
If accomplice only encouraged, then must repudiate the encourage before crime is committed
If accomplice actually helped the principle, then he must neutralize the assistance or prevent the crime from happening (call the police) |
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Accessory after the Fact |
CL: must have helped a principle who had committed a felony with knowledge that the crime had been committed and with the intent to help the principle avoid arrest and conviction
Modern: commit separate statutory charges - obstruction of justice, harboring a fugitive, hindering prosecution |
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Enterprise Liability |
When a corporate agent engages in criminal conduct, the corporation and the agency may be held criminally liable if the agent is acting on behalf of the corporation, and within the scope of employment
Public Welfare offenses: when a corporation commits a regulatory offense involving public health or safety, the its agents can be held criminally liable, if the agents stand in responsible relation to the situation which created the danger |
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Inchoate Offenses |
Solicitation Conspiracy Attempt |
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Solicitation defiend |
Asking someone to commit a crime with the intent that the crime be committed - The crime is the act of asking
Mental state: specific intent |
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Conspiracy defined |
An agreement, express or implied, between 2+ people to commit a crime, plus an overt act, even preparatory, in furtherance of the crime Mental state: specific intent to enter into an agreement and specific intent to accomplish the objective of the conspiracy CL: must be at least two guilty minds, who both agreed to objective Wharton: if offense requires 2 people, then need 3+ people Pinkerton: ∆ liable for co-conspirators crimes in furtherance and foreseeable
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Attempt defined |
Requires an overt act beyond mere preparation CL & proximity test: ∆ must engage in conduct that gets dangerously close to the commission of the crime MPC/Majority & substantial step test: ∆ must engage in conduct that constitutes a substantial step towards the commission of the crime Mental state: specific intent to commit underlying crime |
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Merger of Inchoate Offenses |
Solicitation and attempt merge with the completed crime
Conspiracy does not merge |
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Capacity Defenses |
Insanity Voluntary Intoxication Infancy |
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Insanity elements |
1. ∆ must have a mental disease or defect 2. Mental disease must render legally insane - M'Naghten test: ∆ did not know his conduct was wrong or he did not understand the nature of his conduct - MPC test: ∆ lacked the substantial capacity to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law |
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Voluntary Intoxication defined |
Can only be a defense to one of the specific intent crimes
Requires such severe prostration of the facilities that the ∆ cannot form the requisite specific intent |
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Infancy defined |
If at the time of the crime the ∆ is less than 7, then prosecution is not allowed
If at the time of the crime the ∆ is less than 14, then rebuttable presumption against prosecution
If at the time of the crime the ∆ is 14, then prosecution is allowed |
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Other Defenses |
Mistake of Fact Mistake of Law Self-Defense Necessity Duress Entrapment Consent |
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Mistake of Fact defined |
Defense depends upon the mental state for the crime and if the mistake is reasonable or not - If specific intent, then any mistake is defense - If malice or general intent, then only a reasonable mistake is defense - If strict liability, then never a defense |
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Mistake of Law defined |
Generally not a defense
Exception: if the statute makes knowledge of the law anelement of the crime, then it is a defense |
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Self-Defense (non-deadly force) defined |
An individual can use non-deadly force if it is reasonably necessary to protect against an immediate use of unlawful force against himself
May be used, if reasonably necessary, to prevent any serious breach of the peace May use non-deadly, but not deadly, force to protect property |
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Self-Defense (deadly force) defined |
An individual can use deadly force only if he is facing an immediate threat of death or serous bodily injury - If ∆ is initial aggressor, then may not use deadly force; but can regain right to deadly force, if ∆ withdraws, and communicates withdraw, from fight or V suddenly escalates non-deadly fight into deadly fight - Majority: no retreat before using deadly force - Minority: retreat unless in home or cannot do so safely - May use deadly force to protect others like he could defend himself |
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Reasonableness and Mistake RE: Self-Defense and deadly-force |
Reasonable mistake is a complete defense
Majority: unreasonable mistake is not a defense MPC/Minority: mitigates but does not exonerate - Imperfect self-defense: an unreasonable believe in the need to use deadly force in self-defense will mitigate murder to manslaughter
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Necessity defined |
Necessity is a defense to criminal conduct if the ∆ reasonably believe that the conduct was necessary to prevent a greater harm
Unavailable if ∆ causes the death of another person to save property or ∆ is at fault in creating the situation that creates choice of evils |
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Durress defined |
Duress is a defense to criminal conduct if the ∆ was coerced to commit a crime because of a threat from another person of imminent death or serious bodily injury to himself or someone close
Not a defense for homicide |
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Entrapment defined |
If a ∆ believes that the government unfairly tempted him to commit a crime, then he may claim entrapment
Elements: ∆ must prove that the criminal design orginates with the government, and he was not predisposed to commit the crime |
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Consent |
If ∆ is charged with false imprisonment, then the V's consent precludes the act from constituting false imprisonment
Not a defense for statutory rape |
