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70 Cards in this Set
- Front
- Back
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Homicide
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The killing of one human being caused by another
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Homicide elements
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(1) Killing of one human being - P a human being was killed
(2) Causation (a) Actual - But for, P would not have died as when and how he did Substantial factor, pre-existing condition (b) Proximate - a person is responsible for all results that occur as a natural and probable consequence of his conduct Direct - No intervening acts Indirect - Intervening acts are proximate if forseeable By another - No suicides |
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Murder
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Murder is homicide with malice aforethought
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Murder:malice
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Express
(1) Specific intent to kill (2) Deadly weapon doctrine: weapon used on a vital part (head neck or torso) of the victim Implied malice (1) Wanton conduct (HAI) a. High risk of death/defendant aware of risk b. Act of little or no social value c. Intentional d. Examples: Shooting into an occupied structure, Russian roulette (poker), engaging in a shootout with police |
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Malice: Intent
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D has acted with the intent that his act would bring about this desired result
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Felony Murder Rule
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If a death occurs during the commission of an inherently dangerous felony; malice is implied.
The felony must be collateral or independent to the act causing the death. Enumerated felonies in all jurisdictions <BARKM> Burglary, arson, rape, robbery, kiddnapping, mayhem. Redline View |
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Redline View
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(MAJ) Felon is not liable for the death of a co-felon by victim or third party. Split of opinion whether defendant is liable for the death of innocent person caused by victim or third party
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x
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y
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First degree murder
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Premeditation
1. Planning activity 2. Evidence of motive 3. Manner of killing so precise must have been pre-conceived design -Voluntary intoxication can reduce first degree murder to second degree if it negates premeditation |
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x
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y
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Voluntary Manslaughter
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Intentional homicide without malice and with mitigating factors
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Voluntary Manslaughter: Mitigating Factors
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Adequate provocation: must be enough to compel a reasonable person to kill
1. A reasonable person would be provoked to kill 2. Defendant, in fact, was provoked to kill 3. A reasonable person would not have cooled off 4. Defendant, in fact, did not cool off Applies to: (1) Battery: more than trivial battery, started by opposing party (2) Adultery: husband finds wife in the act and kills lover/wife (3) Imperfect self-defense - D started the altercation and D never regained the privilege to use force (4) Unreasonable mistake |
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Involuntary Manslaughter
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Homicide without malice while committing a wrongful act
General intent crime: (1) Intent to commit less than serous bodily injury (2) Criminal negligence (recklessness) (3) Misdemeanor Manslaughter rule -misdemeanor mus tbe malum in se -Include felonies that are not inherently dangerous or does not suffice for the FMR -Need not be independent or collateral |
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Murder
intent to kill intent to commit serious bodily injury Felony murder |
Involuntary manslaughter
x Intent to commit less than serious bodily injury reckless conduct Misd. manslaughter |
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Battery
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The application of force to the person of another which results in bodily harm or offensive touching.
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Aggravated battery
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When the defendant assaults another person with a deadly weapon and actually strikes the victim
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Assault
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(1) Attempted battery: a substantial step toward the completion of a battery with the specific intent to commit a battery.
-Attempted battery merges into completed battery (2) Apprehension of receiving a battery: Intentionally causing a immediate apprehension of receiving a battery |
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Rape
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Sexual intercourse with a women by a man, not her husband without consent.
-General intent -Force, threats or incapacity with no consent -Reasonable mistake: Defense for rape judged by reasonable person standard |
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Statutory Rape
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Sexual intercourse with a women under the age of 18 (majority rule)
-Strict Liability -Mistake is no defense -Consent is irrellevant |
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False Imprisonment
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Confinement of a person to a bounded area, by force or threats, without reasonable means of egress.
(1) General intent (2) Confinement (a) movement in all directions blocked (b) accomplished by barriers, force or threats of force (3) Without consent: Must have capacity and without duress or fraud |
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Kidnapping
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(CL) The forcible adduction of a person from his own country into another country.
(Mod) The unlawful confinement of another, without consent, accomplished by either moving of the victim or a secreting of him. (1) General intent (2) Aggravated kidnapping: for ransom; or for the commission of other crimes - felony |
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Mayhem
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(M) The disablement or dismemberment of a bodily part or disfigurement with malice
(1) Malice crime (2) Injury must be permanent |
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Offenses against habitation
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Offenses against habitation
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Burglary
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The trespassory, breaking and entering the dwelling house of another, in the nightime, with the specific intent to commit a felony theirin.
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Burglary elements
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(1) Trespassory: without consent
(2) Breaking (a) Actual - moving aside any obstacle including interior door (b) Constructive: entry is accomplished by fraud or threats of force (3) Entering (a) Bodily: break the permiter (b) Inanimate object: used to commit felonious intent (4) Dwelling house: used regularly for sleeping (5) of another (6) At nighttime: either 1/2 or 1 hour after and before sunrise (7) Intent to commit felony theirin - concurrence of actus reus and mens rea |
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Arson
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The burning of the dwelling house of another with malice.
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Arson elements
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(1) Burning: caused by fire
(a) must be charring of structure, (scorching or just interior items insufficient) (2) Dwelling house (3) Of another (4) With malice: (a) intent to burn (b) burning due to a reckless disregard to an obvious risk |
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Offenses against property
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Offenses against property
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Larceny
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The trespassory taking and carrying away the personal property of another with the intent to permanently deprive or steal.
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Larceny: elements
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(1) Trespassory: without the consent of the person who has the right to lawfully possess
(2) Taking: obtaining control and dominion (3) Carrying away (a) asportation (b) movement towards getting away (4) Personal property: limited to tangible property (5) of another: one who has possessory interest (6) Intent to permanently deprive or steal -specific intent to withhold permanently |
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Larceny special circumstances
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(1) Reward for property return = larceny
(2) Pawning without intent to redeem = larceny (3) Intent to reimburse, not larceny unless Item fungible (cannot tell one from another) = larceny |
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Larceny: Defenses
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(1) Mistake (a) reasonable - valid defense (b) unreasonable - valid defense
(2) Mistake of law: no criminal defense. (3) Claim of right: if claimant takes another's property under a claim of right the D will not be found to have had the requisite intent |
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Larceny vs. Embezzlement
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(1) Custody - Larceny: (a) applies to minor employees
(2) Possession - Embezzlement: is the wrongful conversion of the property of another by a person in lawful possession. (a) applies to higher status employees with broad authority |
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Bailment
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Bailment is created when one person delivers personal property to another and bailee takes possession (a) Crime is embezzlement (except) when intent to steal is formed at moment of possession then larceny
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Total Crime List
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<PURE SAC BIMARK F ALBERT>
Pretense, False Uttering Receiving Stolen Property Embezzlement Solicitation Arson Conspiracy Burglary Imprisonment, False Mayhem Assault Robbery Kidnapping Forgery Attempt Larceny Battery Extortion Rape Trick, Larceny |
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Larceny by trick
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Larceny where the consensual taking was induced by misrepresentation
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False pretenses
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Obtaining title to the property of another by an intentional false statement made with the intent to defraud
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Embezzlement/False pretenses: Defenses
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(1) Claim of right
(2) No defense: gullibility/no pecuniary loss |
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Larceny by trick vs. false pretenses
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Distinguish LBT taking possession by fraud and deceit from FP, which involves taking of title by fraud or deceit
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x
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y
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Robbery
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Trespassory taking and carrying away the personal property of another from the person by force or threats of force with the intent to permanently deprive
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Robbery elements
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(1) From the person or presence (a) directly from the person (2) close to the victim
(2) By force or threats of force (a) more force than larceny (b) apparent ability (toy gun) |
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Extortion
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Obtaining money by oral or written threats to harm victim, others or property.
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Receiving stolen property
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Receving possession of stolen property, knowing it to be stolen, with the intent to permanently deprive.
(1) Knowing it was stolen (2) Specific intent to permanently deprive (3) Constructive knowledge when there is an unreasonably low price (4) Possession (a) actual (b) constructive |
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Receving stolen property: defenses
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A defendant may not be convicted for receiving stolen property if property no longer considered stolen, but may be convicted of attempted ROSP.
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Malicious mischief
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Destruction or damage to the property of another with malice
(1) Intent to destroy of damage (2) Must either reduce utility or diminish value of property |
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Forgery
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Making or material altering of a writing with the intent to defraud
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Counterfeiting
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The making of false money in the similtude of the genuine.
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Inchoate crimes
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Preliminary crimes
Specific intent (1) Solicitation: Merges into completed offense (2) Conspiracy: Does not merge (3) Attempt: merges into completed offense |
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Inchoate crimes: solicitation
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Requesting, urging, tempting someone to commit a crime with the intent that the solicitee commit the crime
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Inchoate crimes: solicitation: defenses
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Defenses:
(1) Class of persons that a statute was designed to protect (2) Solicitation merges into completed crime and conspiracy Not defenses: (1) Refusal by solicitee - no defense once the D makes the solicitation (2) Lack of communication, crime complete once communication is sent |
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Inchoate crimes: conspiracy
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Agreement by two or more persons to commit a crime with the intent that the crime be committed.
(1) Agreement (2) Two or more persons (a) Wharton rule |
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Inchoate: Conspiracy: Wharton Rule
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When a crime by its very nature requires more than one person, in order to have a conspiracy you need to have the requisite number, plus one (dueling, bigamy, adultery, incest, gambling and giving a bribe)
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Inchoate: Conspiracy: Two or more persons - Defenses
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(1) Fake agreement - only one guilty mind
(2) Spouses: cannot by themselves make up a conspiracy (3) Corporation: need more than one person |
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Inchoate: Conspiracy: Acquital of co-conspirator
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If one co-conspirator is found not guilty then:
(1) <CL> Other conspirator must be acquitted. (2) <M> Other conspirator may be found guilty as long as not tried in a single proceeding |
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Inchoate: Conspiracy: General Defenses
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(1) Abandonment/withdrawal
(a) No defense "can't unring the bell" <unless> (a)Withdrawal communicated to all conspirators (b) Ample time to abandon conspiracy (c) Effort to retrieve items (guns) (2) Member of protected class - Valid defense (3) Impossibility - not a defense |
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Inchoate crimes: Attempt
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(1) An act done with the intent to commit a crime that falls short of completion
(2) A substantial step towards the completion of _____with the specific intent to ______. (3) Proximity approach (a) Last proximate act (b) Physically proximate (4) Attempt merges into completed crime |
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Inchoate crimes: Attempt: Defenses
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(1) Abandonment - no defense
(2) Impossibility - "If the facts were as D believed them to be, is it a crime?" (a) YES - Factual impossibility - no defense "fuck it" (b) NO - Legal impossibility -valid defense (cough syrup)"lov'n it" |
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Accomplice liability: principal
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Person who actually engages in the act that constitutes the crime.
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Accomplice liability: accomplice
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Person who aids or encourages before or during the crime and has the intent to promote or facilitate the commission of a crime.
(a) Liable for all crimes aided and all that were foreseeable |
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Accomplice liability: accessory after the fact
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The person who aids another knowing that he has committed a felony for the purpose of escaping arrest, trial or punishment.
(1) Must be specific intent to aid or encourage that crime (2) Liable for separate crime that does not tie into felony completed by the principal |
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Defenses: General
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I DEMAND (my) POPS
Insanity Drunkeness Entrapment Mistake Age Necessity Duress Prevention of Crime Defense of Others Defense of Property Self Defense |
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Defense: Insanity: McNaughten
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Insanity is a valid defense for all crimes.
McNaughten (1) As result of mental illness (2) D does not know the nature and quality of his acts (3) and he does not know what he is doing is wrong |
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Defense: Insanity: ALI
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(1) As a result of mental illness (2) D does not know the nature and quality of his acts (3) or does not know what he is doing is wrong (4) or D does not have the ability to control his conduct
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Defenses: Intoxication
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(1) Voluntary - may be a defense when it negates mens rea (specific intent)
(2) Involuntary Intoxication - viable defense if achieved by force, fraud or mistake - apply insanity defense principles |
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Defense: Mistake
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(1) Mistake of Law generally not a defense, unless (a) relied on an official interpretation (b) gov't had not published law
(2) Reasonable mistake: negates mental state with respect to any material element of a crime (3) Unreasonable mistake generally not a defense except SI cirmes |
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Defenses: Age
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Infancy
(1) Anyone over 14 is criminally responsible for their acts (2) (7-14) Rebutably presumed incapable (3) (<7)Conclusively presumed incapable |
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Defense: Necessity
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D commits a criminal act under threat of natural forces makes this necessary to avoid greater evil
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Defenses: Duress
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D commits criminal act under threat of imminent death or serious bodilly injury to D or 3rd party
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Defenses:
Prevention of Crime Defense of Others Defense of Property Self-Defense |
When D has a reasonable belief that he needs to defend
(1) 3rd party he may use reasonable force (2) Others he may use reasonable forcers he may use reasonable force (3) property he may use reasonable non-deadly force (4) himself he may use reasonable force |
