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31 Cards in this Set

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  • Back
Define Causation
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.
Elements of a Crime
Actus Reus
Mens Rea
Common Law Definition of Murder
The unlawful killing of another with malice aforethough.
Four Applicable Mens Rea at Common Law
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.
Inherently Dangerous Felonies
Burglary, Arson, Rape, Robbery, Kidnapping
Agency Theory of Felony Murder
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
Statutory First Degree Murder
intent to kill murder committed with premeditation and deliberation, felony murder.

Voluntary Intoxication doesnt releive intent to kill but may relieve premeditation
Statutory Second Degree Murder
Any murder that doesnt meet the requisite elements of first degree murder
Voluntary Manslaughter
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
Involuntary Manslaughter
unintentional killing resulting without malica aforethought caused either by recklessness or criminal negligence or during the commission of an unlawful act.
Misdemeanor Manslaughter Rule
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
Common Law Battery
intentional or reckless or criminally negligent unlawful application of force to the person of the victim.
Common Law Assault
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.
Common Law False Imprisonment
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.
Common Law Kidnapping
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.
Common Law Rape
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
Common Law Larceny
The taking and carrying away of the tangible property of another with the intent to permanently deprive the owner of the property.
Doctrine of Continuing Trespass
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.
Statutory Embezzelment
1) fraudulent conversion or misappropriation
2) of the property of another
3) by one who is lawfully in possession
Common Law Robbery
Larceny plus 2 elements:
1) taking accomplished by force or violence
2) taking accomplished by threat of violence.
Obtaining Property by False Pretenses
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.
Larceny by Trick
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.
Extortion or Blackmail
obtaining the propery of another by using threats of future harm to the victim or his property
Receiving Stolen Property
1) the reciept of stolen property
2) known to be stolen
3) with the intent to permantly deprive the owner.
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
Common Law Burglary
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.
Common Law Arson
1) the malicious
2) burning (some damage to structure)
3) of the dwelling (any structure)
4) of another
Common Law Solicitation
enticing or encouraging another to commit a felony or breach of the peace
MPC Solicitation
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.
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.
Defense of Abandonment of Attempt
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.