Mbe 2011 Criminal Law

Front 1

Define Causation

Back 1

Recklessness/Negligence: harm must be with the risk created by the D's conduct

Intentional Crimes: sufficiently similar to the harm intended so as to not hold the D liable for extraordinary results.

D's acts alone cause harm then D's acts are the direct cause.

Superceeding cause will break the chain of causation.

Front 2

Elements of a Crime

Back 2

Actus Reus
Mens Rea
Concurrence
Causation

Front 3

Common Law Definition of Murder

Back 3

The unlawful killing of another with malice aforethough.

Front 4

Four Applicable Mens Rea at Common Law

Back 4

Intent to Kill: D consciously desires to kill or makes death inevitable

Intent to Cause Serious Bodily Injury: significant but non-fatal injury that results in death

Depraved Heart Murder: an unintentional killing resulting from a wanton disregard for human life and disregard of an unreasonable risk of death.

Felony Murder: a killing proximately caused during the commission of a dangerous felony. Includes both intentional and unintentional killings.

Front 5

Inherently Dangerous Felonies
BAARK

Back 5

Burglary, Arson, Rape, Robbery, Kidnapping

Front 6

Agency Theory of Felony Murder

Back 6

Liability for killing committed in the course of a dangerous felony extends only when the killer is a co-felon.

No liability when someone is killed by bystander, police or good samaritan kills a felon

Front 7

Statutory First Degree Murder

Back 7

intent to kill murder committed with premeditation and deliberation, felony murder.

Voluntary Intoxication doesnt releive intent to kill but may relieve premeditation

Front 8

Statutory Second Degree Murder

Back 8

Any murder that doesnt meet the requisite elements of first degree murder

Front 9

Voluntary Manslaughter

Back 9

Intentional killing mitigated by adequate provocation (heat of passion).

Must be causal connection between provocation and killing.

No reasonable cooling off period allowed.

Mere words do not constitue adequate provocation

Front 10

Involuntary Manslaughter

Back 10

unintentional killing resulting without malica aforethought caused either by recklessness or criminal negligence or during the commission of an unlawful act.

Front 11

Misdemeanor Manslaughter Rule

Back 11

unintentional killing that occurs during the commission of a misdemeanor that is malum in se or of a felony not under the felony murder rule

Front 12

Common Law Battery

Back 12

intentional or reckless or criminally negligent unlawful application of force to the person of the victim.

Front 13

Common Law Assault

Back 13

Requires an attempt to intentionally commit a battery.

The fact that the victim doesnt know of the attempt is not a defense

Intentionally Causing the victim to fear imminent battery:
the D must act with threatening conduct intended to cause reasonable apprehension of imminent harm.

Front 14

Common Law False Imprisonment

Back 14

the unlawful confinement of one person by another.

Victime must be fully confined. Victims arent confined if they are aware of reasonable means of escape.

Front 15

Common Law Kidnapping

Back 15

1) An unlawful
2) Restraint of a persons liberty 3) by force or show of force
4) and removal of the victim to another place.

Front 16

Common Law Rape

Back 16

unlawful sexual intercourse by a male person with a female person without her consent.

Penetration required but ejaculation not.

Use of threats may constitute rape.

Mistake is not a defense

Front 17

Common Law Larceny

Back 17

The taking and carrying away of the tangible property of another with the intent to permanently deprive the owner of the property.

Front 18

Doctrine of Continuing Trespass

Back 18

one who takes another property (without authorization) intending only to use it temporarily and before restoring it to its owner may be guilty of larceny if he later changes his mind and decides not to return the property.

Front 19

Statutory Embezzelment

Back 19

1) fraudulent conversion or misappropriation
2) of the property of another
3) by one who is lawfully in possession

Front 20

Common Law Robbery

Back 20

Larceny plus 2 elements:
1) taking accomplished by force or violence
2) taking accomplished by threat of violence.

Front 21

Obtaining Property by False Pretenses

Back 21

1) False representation of a past or present material fact
2) That causes the victim to pass title to his property
3) to the defendant
4) Who knows his representation to be false
5) and intends to defraud the victim.

Front 22

Larceny by Trick

Back 22

Form of larceny whereby D obtains possession of property of another by means of a representation or promise that he knows to be false at the time.

Only possession passes, not title.

Front 23

Extortion or Blackmail

Back 23

obtaining the propery of another by using threats of future harm to the victim or his property

Front 24

Receiving Stolen Property

Back 24

1) the reciept of stolen property
2) known to be stolen
3) with the intent to permantly deprive the owner.

Front 25

Forgery

Back 25

1) fraudulent making
2) of a flase writing with apparent legal significance and;
3) with the intent to make wrongful use of the forged document

Front 26

Common Law Burglary

Back 26

1) The breaking
2) an entering
3) of the dwelling house
4) of another
5) at night
6) with the intent to commit a felony therin

Make sure felonious intent and entry are contemporaneous.

Front 27

Common Law Arson

Back 27

1) the malicious
2) burning (some damage to structure)
3) of the dwelling (any structure)
4) of another

Front 28

Common Law Solicitation

Back 28

enticing or encouraging another to commit a felony or breach of the peace

Front 29

MPC Solicitation

Back 29

requesting another person to committ any offense. As long as the solicitor intend that the solicitee perform the criminal act.

Crime complete at the time the solicitation is made.

Solicitor trated as accessory before the fact and is vicariously liable for the solicited crime and any others by the solicitee.

Front 30

Attempt

Back 30

1) A specific intent to bing about a criminal result and;
2) a significant overt act in furtherence of that intent.

Once target crime is completed, the attempt merges with the target crime.

Front 31

Defense of Abandonment of Attempt

Back 31

Defense not available once attempt is complete

Voluntary Abbandonment: true change of heart, not giving up because of difficulty or danger of getting caught

Complete Abandonment: D is not merely postponing the crime.