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73 Cards in this Set

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  • Back
Define Murder
A homicide committed with malice. Homicide is the actus reus, malice is the meas rea.
Define Homicide
Killing of another human caused by the defendant
Methods of "Causation" for Homicide
1) D acts alone to cause the death
2) D's omission caused death and D has duty to act by statute, contract, relationship or voluntary undertaking.
3) Third party contributed to cause death/Vicarious Liability
4) Death was a foreseeable result of defendant's act or omission
Circumstances where a D can can be liable for the actions of another D
Vicarious Liability When:
1) Solicits the crime
2) Conspires with the one who commits the crime
3) Is an accomplice to the crime
4) Felony murder rule - this is exclusive to MURDER

Foreseeable future consequences - Surgeon that negligently operates.
1) Intent to Kill
2) Intent to inflict great bodily injury
3) Depraved heart: Reckless indifference to a known high risk of death.
4) Felony Murder Rule
Deadly Weapon Doctrine
Use of a deadly weapon doctrine in a deadly way can show intent to kill
Felony Murder Rule
A foreseeable homicide committed during the perpetration of an inherently dangerous felony. Includes time from substantial step until the felon reaches a place of temporary safety. The felony must be "independent" from the homicide.

Inherently Dangerous Felonies: BARRK - Burglary, Arson, Rape, Robbery, Kidnapping

Miniority Rule: Non-dangerous felonies committed in a dangerous manner.
Vicarious Liability Rules regarding Felony Murder
CL - all felons are liable for a death caused by a co-felon.
Exception (Majority) - some states will excuse D if a "co-felon" is killed by a non-felon resisting (police, shopkeeper).

Exceptions (miniority) "agency theory" - defendant is not liable for felony murder when an innocent party is killed unless death is caused by D or his agent (accomplice) But will excuse felons if a non felon kills another non felon while resisting.

MINORITY - proximate cause theory - D is liable when an innocent party is killed by the victim or police.
Involuntary Manslaughter
A homicide committed with malice. Examples
1) Intent to inflict slight bodily injury (malice jr.)
2) Criminal negligence (jr depraved heart)
3) Misdo-Manslaughter - non inherently dangerous felony, malum in se misdo but not malum prohibitum misdo.
Self Defense, Defense of Others, Crime Prevention, Apprehension/Arrest of Criminal, Defense of Property

If allowed, a complete defense
Categories of Defenses
Justificaiton, Excuse, Mitigaiton
Self Defense
The defendant may use deadly force to protect against an imminent deadly attack. Deadly force must be reasonable and necessary to repel the attacker.

General rule: no duty to retreat.
Minority rule: D must retreat before using deadly force if safe retreat is available unless D is in her own home (Castle doctrine), a police officer or victim of a violent felony.
Self Defense where D is initial agressor
defendant cannot assert self defense as a justification unless the defendant withdraws clearly OR D initially used non deadly force and is faced with attacker suddenly using deadly force. AND If safe retreat is available, the initial aggressor must retreat before using deadly force.
Defense of others
Deadly force if rsbl and necessary to defend another.
Majority rule: D may claim defense of others if the victim reasonably appears to have the right to use deadly force.
Minority rule - step into the shoes - D can claim no more force than the person they are defending.
Crime Prevention
A police officer or private person may use deadly force if necessary to prevent the commission of a dangerous felony.
Apprehension/Arrest of Criminal
A police officer or private preson may use deadly force if necessary to apprehend/arrest a dangerous felony.

-Private citizen - only if the felon is actually guilty.
-Police officers are allowed to make a reasonable mistake.
Defense of Property/Habitation
No deadly force to protect home/property unless you are protecting occupants of home from violent intruder of if intruder intends to commit a felony inside.
Categories of Excuse
Youth/Infancy, Insanity, Intoxication

If allowed, a complete defense
Youth/Infancy excuse rules
Under 7, no criminal liability
7 & 14, Rebuttable presumption of no criminal liability
Over 14, treat as an adult
Insanity Tests
MAID - M'Naughten, ALI (MPC), Irresistible Impulse Test, Durham Test
Defendant, as a result of his mental defect, did not know the wrongfulness of his act OR could not understand the nature and quality of his acts.

Focus on Cognitive Impairment
Irresistible Impulse
Defendant, as a result of a mental defect, was unable to control his conduct or conform his conduct to the law.

Focus on Volitional Ability
ALI/MPC Insanity Test
Defendant lacked the SUBSTANTIAL CAPACITY to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

Focus on Cognitive and Volitional
Durham Test
Defendant is not guilty if his crime was the product of a mental disease or defect
Voluntary Intoxication
D must voluntarily and knowingly consume an intoxicating substance. Not a defense for strict liability crimes or general intent crimes or malice crimes. However, voluntary intoxication can negate specific intent - only if D is so intoxicated he can't form the intend. Also can preclude a finding of deliberation for First Degree Murder.
Involuntary Intoxication
When the defendant involuntary or unknowigly consumes an intoxicating substance. A defense to all crimes if intoxication renders defendant "insane" under the applicable test.
Categories of Mitigation
Provocation/Heat of Passion
Good Faith Mistake

Mitgation reduces the crime to voluntary Manslaughter
Provocation/Heat of Passion
Requires adequate provocation. One that would cause subjective w/ no cooling off and objective passion w/ no cooling off.

Rsnbl provocation can include when D is attacked.
Good Faith Mistake
An unreasonable mistake that is done in good faith. Can be mitigated to voluntary manslaughter.
Degrees of murder
At CL no degrees of murder. By statute all states have at least two. First degree - premeditated and deliberate intent to kill OR Felony murder

2nd degree - all other murders that don't qualify.
Define Assault
Attempted battery (specific intent) OR
Intentional creation of reasonable apprehension of contact (Not specific Intent)
Unlawful application of force to another person causing bodily injury or offensive contact.
confinement of another person involving either movement or concealment of the victim.
Crimes Agasint Property
Larceny, Embezzlement, Larceny by Trick, Larceny by False Pretenses, Robbery - all specific intent crimes
Tresspassory taking and carrying away of the personal property of another by trespass with the intent to permanently deprive.

-No consent before taking, consent after taking is still larceny
-Slight movement of item is enough (steak at store)
-Crime against posession, not ownership
- Must have the intent to keep the property at the time of the taking.
EXCEPTION - Continuing trespass - if your taking is wrongful and you later form the intent to steal, larceny will continue until you decide to take. But if the taking is merely a mistake, it isn't larceny.
Larceny by trick
Same as larceny, but occurs with victim's apparent consent. Consent acquired through misrepresentaitons.
The fraudulent conversion of the property of another by one in rightful possession.
Larceny by False Pretenses
Acquistion of title by false representation with the inte to defraud. Can be the passing of money.
A larceny - (use all those elements) committed from the victim's person or presence by force or threat of force of immedcdiate bodily harm. (pickpocket that gets caught and resists counts)
The burning of a protected structure of another with Malice.
Must be charring.
At CL had to be a dwelling house.
Of another - the person in posession
Malice requires 1) specific intent of burning the structure or 2) knowledge of the extremely high risk of the structure burning.
Trespassory breaking & entering of the protected structure at nighttime with the intent to commit a felony therein (SPECIFIC INTENT)

- breaking requires physical movement of a door or window or constructive breaking with fraud.
- requires that something must enter the building (even a hook)
- at CL had to be home
- nighttime requirement elimnated
- you must have the intent when you enter the building.
Preliminary Crimes/Inchoate crimes
D commits an act of perpetration with the intent to commit the target crime. More than mere preparation, must be a substantial step or come dangerously close to completeing the intended crime.

Merger - attempt merges into the target crime. Can't be convicted of both.
Impossibility - Defense for Attempt and Conspiracy
Legal Impossiblity - It just isn't a crime. A good defense.
Factual Impossibility - The facts, as defendant believed them to be, would have been a crime. This is not a defense.
D requests another to commit a crime with the intent that the person commit the crime

If the party commits the crime the solicitor is vicariously liable.

Merger - can't be guilty of both target offense and solicitation.
An agreement with another party for an unlawful objective + an overt act (not at CL) in furtherance of the conspiracy.

Agreement can be written, oral or implied by conduct.

Majority rule - agreement with an undercover cop is not a conspiracy.
MPC/Minority rule - unilateral theory
Wharton's rule - if the crime targest two parties, there is no conspiracy unless there is another party.

No merger into the target crime
Conspiracy - Vicarious Liability
All conspirators are liable so long as the crime was reasonably foreseeable and in reasonable furtherance of the conspiracy.
Defenses to Conspiracy
Withdrawal and Impossiblity
Defendant must timely communicate to other Ds his itent to withdraw. Liable for conspiracy but not subsequent crimes.

Minority rule - withdrawal that thwarts the crime under MPC, can absolve liability of the conspiracy.
With the intent that the crime be committed, aides, counsels or encourages the principal. Liable for the crime and other crimes so long as they are foreseeable.
Accessory after the fact
With the intent to help a felon escape or avoid arrest or trial, recievces, relieves or assistszs a known felon after the felony has been completed. Under majority rule, not liable for principal's crimes but usually for obstructing punishment (lesser sentence)
Comparing conspiracy liability with accomplice liability
Co-conspirator is liable for crimes that are foreseeable and are in furtherance of the conspiracy.

Accomplice is liable for foreseeable crimes.
D's criminal liability (except intentional homicide) is excused if the crime was committed under the threat of imminent death or GBH.
D will not have liability if entrapped.
- Plan originates w/gov.
-D is not predisposed.
-Preponderance of evidence
- Puts D's character in issue
Mistake of Fact
Reasonable mistake of fact can negate the required mental state for the crime. Unreasonable mistake of fact is only a defense to specific intent crimes.
Mistake of Law
Ignorance of the law is never a defense
Four General Principles of Crim Law
Actus Reus, Mens Rea, Concurrence, Causation
Posession as an Act
Posession of controband generally requires only that the D have control of the item for a long enough period of time to terminate the possession. Can be in dominion and control. D needs to be aware of the posession, but not of it's illegality.
MPC Fault Standards
Purposely- Conscious object to engage in proscribed Conduct.
Knowingly - awareness that conduct is of a particular nature or will cause a particular result
Recklessly - conscious disrecard for a substantial known risk
Negligently - failure to be ware of a substantial risk.
Common Law Fault Standards
Specific Intent - intent to engage in proscribed conduct
General intent - awareness of acgting in a proscribed manner
Malice -reckless disregard of a known risk
Strict LIability - conscious comission of a proscribed act
At CL, mayhem required either dismemberment or disablement of a bodily part. Now it is typically treated as a form of aggrivated batttery.
False Imprisonment
The unlawful confinemnt of a person without his valid consent. MPC requires confinement interfere substantially with vic's liberty.
Unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. Slight penetraiton is sufficent.

Force, threats, incapable of consent, fraud
CL - Corrupt collection of an unlawful fee by an officer under color of office.

Modern - obtaining property by means of threats to do harm or expose information.
Receipt of STolen Property
Receiving posession and control of stolen property, known to have been obtained in a manner constituting a criminal offense, by another person with the intent to permanently deprive the owner.

Manual possession not necessary. Property must be stolen when the defendant receives it. Defendant must know it was stolen when recieves it.
Making or altering a writing so that it is false with the intent to defraud.
Uttering a forged instrumetn
offering as genuine an instrument that is false with the intent to defraud
Malicious mischief
malicious destruction of or damage to the property of another. Damages needs to have been intended or contemplated by the defendant.
intentional taking of a false oath in regard to a material matter in a judicial proceeding
Subornation of perjury
procuring or inducing another to commit perjury
Paying value for official action. Modernly extended to non public officials.
Compounding a crime
Agreeing not to prosecute for valuable consideration or to conceal the commission of a felony or the whereabouts of a felon. Modernly, for any crime
Misprision of a Felon
failure to disclose knowledge of the commission of a felony or to prevent it. Modern statutes this is no longer a crime or if it remains a crime it requires the defendant somehow aid a felon.