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104 Cards in this Set
- Front
- Back
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BURDEN OF PROOF |
In a criminal case the prosecution must prove each element of the crime beyond a reasonable doubt |
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THE PHYSICAL ACTS: COMMISSION |
All bodily movements are physical acts that can be the basis for criminal liability provided they are voluntarily
Involuntarily movements are not considered criminal acts |
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PHYSICAL ACTS: OMISSIONS |
A failure to act can also be the basis for criminal liability provided three requirements are satisfied: 1. There is a legal duty to act 2. You have knowledge of the facts giving rise to the duty 3. You have the ability to help |
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LEGAL DUTY TO ACT |
These give rise to the legal duty to act: 1. Statute 2. Contract 3. Status relationship (child parent, spouse to spouse) 4. Voluntary assumptiong of care 5. Creation of the peril |
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SPECIFIC INTENT CRIMES |
1. assault 2. first degree premeditated murder 3. larceny 4. embezzlement 5. false pretenses 6. robbery 7. forgery 8. burglary 9. solicitation 10. conspiracy 11. attempt |
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DEFENSES: SPECIFIC INTENT CRIMES |
There are only two defenses that are avialble for specific intent crimes: 1. Voluntary intoxication 2. An unreasonable mistake of fact |
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MALICE |
When a defendant acts intentionally or with reckless disregard of an obvious or known risk this is malice
Malice crimes: 1. Common law murder 2. Arson |
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GENERAL INTENT |
The defendant need only be generally aware of the factors constitution the crime; he need not intend a specific result
General intent crimes: 1. Battery 2. Forceable rape 3. False imprisonment 4. Kidnapping |
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STRICT LIABILITY |
When the crime requires simply doing the act this is strict liability and there is no mental state required
Two types: 1. Public welfare offenses (regulartory offenses) 2. Statutory rape |
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MPC MENTAL STATES |
MPC has 5 different mental states 1. Purpose 2. Knowledge 3. Reckless 4. Negligence 5. Strict liability |
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ACTUAL CAUSATION |
A defendant is an actual cause if the bad result woul dnot have happened but for the defendant's conduct
EXCEPTION:An accelerating cause is an actual cause |
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PROXIMATE CAUSATION |
A defendant is a proximate cause if the bad results is a natural and probable consequence of the defendant's conudct |
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PROXIMATE CAUSE: INTERVENING CAUSES |
Defendant will not be considered a proximate cause if an unforeseeable intervening event causes the bad result |
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PROXIMATE CAUSE: EGGSHELL VICTIMS |
Defendant will be considered a proximate cause even if the victim's pre-existing weakness contributed to the bad result |
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CONCURRENCE PRINCIPLE |
The defendant must have the required mental state at the same time as he engages in the culpable act |
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CRIMES AGAINST THE PERSON: BATTERY |
Elements: 1. The unlawful 2. Application of force to another 3. Resulting in either 4. Bodily injury or offensive touching
General intent crime |
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CRIMES AGAINST THE PERSON: ASSAULT |
Elements: 1. The intentional creation 2. Other than by mere words 3. Of a reasonable apprehension in the mind of the victim 4. Of imminent bodily harm
Specific intent crime in MA |
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CRIME AGAINST THE PERSON: ASSAULT IN MA |
Imminent harm is not necessary to prove that the victim was actually placed in apprehension just that the dfendant intended to make the victim fearful |
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MURDER |
Elements: 1. Causing the death 2. Of another person 3. With malice aforethought
Mental State: satisfied if there is: 1. The intent to kill 2. The intent to inflict serious bodily harm 3. Extreme recklessness 4. The intentional commission of an inherently dangerous felony |
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INTENT TO KILL: SPECIAL RULES |
1. Deadly weapon rule 2. Transferred intent |
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DEADLY WEAPON RULE |
The intentional use of a deadly weapon creates an inference of an intent to kill
A deadly weapon is typically defined as any instrument used in a manner likely to produce death or serious bodily injurt |
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TRANSFERRED INTENT |
If a defendant intends to harm one victim but accidently harms a different victim instead the defendant's intent is transfered from the intended victim to the actual victim |
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FELONY MURDER |
Any killing during the commission of or attempt to commit a felony
Limitations: 1. Defendant must be guilty of the underlying felony 2. The felony must be inherently dangerous 3. The felony must be independent of the killing 4. Killing must take place contemporaneously with the felony |
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VICARIOUS LIABILITY |
Under either 1. Proximate Cause 2. Agency theory |
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PROXIMATE CAUSE THEORY |
In most states, if one of the co-felons proximately causes the victim's death all of the other co-felons will be guilty of felony murder even if the actual killing is committed by a third party |
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AGENCY THEORY |
THIS IS FOLLOWED IN MASSACHUSETTS
The felony murder doctrine applies only if the killing is committed by one of the co-felons |
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FIRST DEGREE MURDER |
Elements: 1. An intentional killing with 2. Premeditation and 3. Deliberation 4. OR extreeme atrocity or cruelty
Also felony murder falls here |
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SECOND DEGREE MURDER |
All other murders |
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VOLUNTARY MANSLAUGHTER |
Elements: 1. A killing committed intentionally 2. In the heat of passion 3. Upon adequate provocation |
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HEAT OF PASSION |
This must be objectively adequate
Something that arouses sudden and intense passion in a reasonable person
Defendant must have been actually provoked without time to cool off and he did not actually cool off |
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INVOLUNTARY MANSLAUGHTER: COMMON LAW |
Elements: 1. A killing committed 2. With criminal negligence |
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INVOLUNTARY MANSLAUGHTER: MPC |
Elements: 1. A killing committed 2. With recklessness |
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INVOLUNTARY MANSLAUGHTER: MA |
Elements: 1. Causing death unintentionally 2. By wanton or reckless conduct 3. Creating a high degree of likelihood 4. That substantial harm will result to another
OR
During the commission of a battery that the defendant knew or should have known created a high degree of likelihood that substantial harm will result |
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FALSE IMPRISONMENT |
Elements: 1. The unlawful 2. Confinement of a person 3. Without his or her consent
General intent crime |
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KIDNAPPING |
Elements: 1. False imprisonment 2. That invovles either moving the victim 3. OR concealing the victim in a secret place
General intent crime |
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FORCIBLE RAPE |
Elements: 1. Sexual intercourse 2. Without the consent 3. Accomplished by force or threat of force or when the victim is uncoinsience
General intent crime |
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STATUTORY RAPE |
Elements: 1. Sexual intercourse 2. WIth someone under the age of consent
Strict liability
Age of consent: 16 |
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LARCENY |
Elements: 1. Trespassory 2. Taking 3. Carrying away the 4. Personal property 5. Of another with the 6. Intent to 7. Permenantly retain the property
("Theives took carmen's purse and isaac's portfolio") |
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LARCENY AND ERRONEOUS TAKINGS RULE |
A taking under a claim of right is never larcenty even if the defendant erroneously believes that the property is theirs |
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EMBEZZLEMENT |
Conversion of the personal property of another by a person that already is in lawful possession of that property with the intent to defraud
Specific intent |
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FALSE PRETENSES |
Obtaining title to the personal property of another by an intentional false statement with the intent to defraud |
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LARCENY BY TRICK |
If the defendant obtains ONLY CUSTODY as a result of the intentional false statement the crime is larceny by trick not false pretenses |
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ROBBERY |
Elements: 1. A forceful taking 2. From someone else's presence or person 3. By force or threat of immediate injury
Specific intent crime |
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FORGERY |
Elements: 1. Making or altering a writing 2. So that it is false
Specific intent crime |
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GRAND LARCENTY |
Larcenty of property more than $250
Larceny of a motor vehicle |
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PETIT LARCENY |
Larceny of property valued at $250 or less |
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BURGLARY |
Elements: 2. Breaking 2. And entry 3. Of another's dwelling 4. At night 5. Intent to commit a felony inside |
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ARSON: COMMON LAW |
The malicious burining of a building |
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ARSON: MA |
The malicious burning of a building or dwelling |
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POSSESSION OF CONTRABAND |
When a statute criminalizes the possession of contraband, stolen property, etc
Posession means control for a period of time long enough to have an opportunity to terminate possession |
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CONSTRUCTIVE POSESSION |
The contraband need not be in the defendant's actual posession so long as it is close enough for him to exercise dominion and control over it |
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RECEIPT OF STOLEN PROPERTY |
Elements: 1. Receiving possession and control 2. Of stolen personal property 3. Knowing that the property has been criminally obtained by another 4. With intent to permanently deprive the owner of his interest in the property |
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OUI: MA |
Operation of a motor vehicle under the influence
It is a felony |
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CARJACKING: MA |
Elements: 1. Assault, confine, maime, or put any other person in fear 2. For the purpose of stealing a motor vehicle |
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PRINCIPALS |
The person who commits the crime |
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ACCOMPLICE |
The person helping commit the crime |
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SCOPE OF ACCOMPLICE LIABILITY |
The accomplice is guilty of all crimes he aids, encourages, and all other foreseeable crimes committed along with the aided crime |
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WITHDRAWAL: ENCOURAGER |
An accomplice who only encouraged the principal may withdraw siply be repudiating their encouragement before the crime is committed |
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WITHDRAWAL: AIDER |
An accomplice who actually helped the principal must either neutralize the assistance or otherwise prevent the crime from happening by notifiying authorities for example |
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MA: JOINT VENTURE RULE |
Elements 1. Actively participated in the commission of the crime 2. With the mental state required for the offense
Joint venturer will be guilty of the principal's crime |
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MA: JOINT VENTURE: WITHDRAWAL |
A joint venturer who withdraws from or abandons the crime will avoid liability provided 1. He communicates his withdrawal to the other participants and 2. Does so early enough to give the parties a reasonable opportunity to withdraw as well |
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ACCESSORY AFTER THE FACT |
Elements: 1. Person helps a principal who has committed a felony 2. With knowledge that the crime has been committed AND 3. With the intent to help the principal avoid arrest or conviction
IN MA THERE IS NO ACCESSORY AFTER THE FACT FOR IMMEDIATE FAMILY MEMBERS |
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ENTERPRISE LIABILITY |
When a corporate agent engages in criminal conduct both the corporation and the agent may be held criminally liable provided the agent is acting: 1. On behalf of the corporation and 2. Within the scope of his or her office |
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ENTERPRISE LIABILITY: PUBLIC WELFARE OFFENSES |
When a corporation commits a regulatory offense involving public health or safety its agents can also be held criminally liable provided the agents stand in responsible relation to the situation that created a public danger |
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INCHOATE OFFENSES |
1. Solicitation 2. Conspiracy 3. Attempt |
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SOLICITATION |
Elements: 1. Asking someone to commit a crime 2. With the intent that the crime be committed
Note that the crime here is in the asking |
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CONSPIRACY |
Elements: 1. An agreement between 2. Two or more people to 3. Commit a crime plus 4. An over act in furtherance of the crime
IN MA: The crime doesn't have to be criminal but only have a strong probability of significant harm to an individual or the general public
IN MA: no overt act required |
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WHARTON RULE |
When two or more people are necessary for the commission of the substantive offense there is no conspiracy unless more parties participate in the agreement than are necessary for the crime
MA DOES NOT FOLLOW THIS IN DRUG DISTRIBUTION CONSPIRACIES |
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PINKERTON LIABILITY |
Vicarious liability
In addition to conspiracy the defendant will be liable for all crimes committed by his co-conspirators so long as those crimes were done in furtherance of the conspiracy's objective and were foreseeable
IN MA: none of this unless you were an acessory or joint venturer |
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IMPOSSIBILITY DEFENSE: CONSPIRACY |
Impossibility is never a defense to a conspiracy crime |
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ATTEMPT |
Requireed acts: 1. Overt act 2. Beyond mere preperation
Always a specific attempt crime |
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ATTEMPT: MA |
Defendant must engage in activity that gets dangerously close to the commission of the crime |
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ATTEMPT: MPC |
Must engage in conduct that constitutes a substantial test towards the commission of the crime |
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INCOHATE CRIMES: WITHDRAWAL/RENUNCIATION/ABANDONMENT: MA |
Withdrawal is generally not a defense
Once a defendant does withdraw however he will no longer be vicariously liable for crimes committed by his co-conspirators after he left the conspiracy though will still be liable for those committed before leaving |
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INCHOATE CRIMES: MERGER |
Solicitation and attempt merge with the complete crime
Note that conspiracy however does not, it's a seperate offense IN ADDITION TO the completed crime |
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DEFENSES: INSANITY GENERAL |
The first requirement is that the defendant have a mental disease or defect that renders the defendant insane |
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INSANITY: M'NAGHTEN TEST |
Defendant must provie EITHER 1. He did not know that his conduct was wrong 2. Did not understand the nature of his conduct
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INSANITY: IRRESISTIBLE IMPULSE TEST |
Defendant must prove EITHER 1. He was unable to control his actions 2. He was unable to conform his conduct to the law |
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INSANITY: MPC/MA TEST |
Defendant must establish that he lacked SUBSTANTIAL CAPACITY to either 1. Appreciate the criminality of his conduct 2. OR Conform his conduct to the requirements of the law |
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INCOMPETENCY |
The issue here is whether at the time of trial the defendant cannot: 1. Understand the nature of the proceedings against hime OR 2. Assist his lawyer in his own preparation of his defense
If either is hown, the trial is postponed until defendant can regain competency |
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DIMINISHED CAPACITY: MA |
This is not a seperate defense but a mental illness that does not amount to insanity but may still reduct first degree murder to: 1. Second degree murder due to the absence of premeditation or 2. Voluntary manslaughter due to the absence of malice |
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VOLUNTARY INTOXCATION |
Can be a defense to specific intent crimes only
Cannot therefore be a defense to malice, general intent, or strict liability crimes
The defense of intoxication generally requires such severe prostration of the faculties taht the defendant cannot form the requisite specific intent |
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INFANCY |
1. If at the time of the crime the defendan'ts age is less than 7 prosecution is not allowed
2. If at the time of the crime the defendant's age is less than 14 there is a rebuttable presumption against prosecution (MASSACHUSETTS DOES NOT RECOGNIZE THIS PRESUMPTION) |
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MISTAKE OF FACT |
Whether a defendant's mistake of fact will be a defense depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable |
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MISTAKE OF FACT: GENERAL INTENT CRIME/MALICE |
Only a reasonable mistake of fact will be a defense |
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MISTAKE OF FACT: SPECIFIC INTENT |
Any mistake of fact even an unreasonable one is a defense |
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MISTAKE OF FACT: MA |
A reasonable mistake of fact will be a defense to ANY crime except strict liability
An unreasonable mistake of fact will be a defense ONLY to specific intent crimes |
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MISTAKE OF LAW |
Common law/MA law: mistake of law is generally not a defense
EXCEPTION: If the statute specfically makes knowledge of the law an element of the crime
EXE: "a criminal statute makes it a felony to sell phony Rolex watches knowing it is unlawful to do so" |
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SELF DEFENSE: DEADLY FORCE |
This is a justification not a fully dfense, which means it will mitigate not excuse
A defendant may use deadly force in self-defense if he is facing an imminent threat of death or serious bodily harm |
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SELF DEFENSE: NON-DEADLY FORCE |
This is a justification not a fully dfense, which means it will mitigate not excuse
A defendant may use non deadly force if: 1. Reasonably necessary 2. To protect against immediate threat of use of 3. Unalwful force against himself |
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SELF DEFENSE: INITIAL AGGRESSOR RULE |
A defendant may not use deadly force if he is the initial aggressor generally UNLESS: 1. He withdraws from the fight and communicates that withdrawal to the other person 2. OR the victim suddenly escalates a nondeadly fight to a deadly one |
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SELF DEFENSE: RETREAT RULE |
In General: retreat is not required
IN MA: Retreat is required unless: 1. Defendant cannot retreat in complete safety 2. OR Defendant is in his own home |
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SELF DEFENSE: REASONABLE MISTAKE |
IN GENERAL: a reasonable mistake as to the necessity of self defense is a complete defense
IN MA: If a defendant's belief in the need to use deadly force in self-defense is reasonable but the defendant uses excessive force in causing the victimes death the crime is voluntary manslaughter |
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SELF DEFENSE: UNREASONABLE MISTAKE |
IN MA: No defense at all
MPC: imperfect self defense to allow mitigation |
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USE OF FORCE TO PREVENT A CRIME |
Nondeadly force may be used if reasonably necessary to prevent any serious breach of peace
Deadly force may only be used to prevent a felony risking a human life |
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DEFENSE OF OTHERS |
A defendant may use force even deadly force to rpotect others just the same as he could use it to defend himself |
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DEFENSE OF PROPERTY |
Generally deadly force cannot be used to defend property
An occupant may use deadly force inside her dwelling when : 1. An intruder has gained entry in forceful manner AND 2. The occupant reasonably believes that the use of deadly force is necessary to prevent a personal attack on herself or someone else in the dwelling |
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SELF DEFENSE: NECESSITY |
It is a defense to criminal conduct if the defendant reasonably believed that the conduct was encessary to prevent a greater harm |
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SELF DEFENESE: NECESSITY LIMITATIONS |
1. Defendant causes the death of another person to protect property 2. Defendant is at fault in creating a situation that creates a choice of evils |
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SELF DEFENSE: DURESS |
it is a defense if the defendant was coerced to commit a crime becuase of a threat from another person of immenent death or serious bodily injury to himself or a close family member
LIMITATION: cannot claim duress on homicide |
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DEFENSE: ENTRAPMENT |
If the government unfairly tempted the defendant to commit the crime he may claim entrapment if: 1. The criminal design originated with the government AND 2. The defendant was not predisposed to commit the crime |
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CRIMES AGAINST THE PERSON: |
1. Battery 2. Assault 3. Homicide 4. False imprisonment 5. Kidnapping 6. Rape |
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PROPERTY CRIMES |
1. Larceny 2. Embezzlement 3. False pretenses 4. Larceny by trick 5. Robbery 6. Forgery 7. Burglary 8. Arson |
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DEFENSES |
1. Insanity 2. Voluntary intoxication 3. Infancy 4. Mistake 5. Self Defense 6. Duress 7. Entrapment |
