Crim Law

Front 1

Actus Reus

Back 1

Conscious exercise of D’s will. Omission requires duty and reasonable possibility of success.

Front 2

Rape

Back 2

Statutory requires sexual intercourse with someone underage, usually 16, and usually strict liability. Forcible rape is penetration with lack of consent, reckless/negligent misapprehension of lack of consent, and forcible compulsion reasonably calculated to cause and actually causing V to fear injury.

Front 3

Attempt

Back 3

Beyond mere preparation—MPC is substantial step, CL is physical proximity. CL is no renunciation, MPC must be voluntary and complete. Impossibility no defense if D would be guilty if facts were as believed under MPC. CL: legal impossibility is defense, but law is inconsistent on what is legal/factual.

Front 4

Conspiracy

Back 4

Agreement b/w 2 or more ppl with overt act, with intent to enter agreement and commit the crime. Withdrawal under CL: inform conspirators of withdrawal OR (MPC) inform police and admit role. Renunciation: CL→No. MPC→ voluntary, complete, and thwarts success. D’s culpability for co-conspirators: Pinkerton→ furtherance of conspiracy and foreseeable consequence. MPC→ D must be accomplice.

Front 5

Homicide

Back 5

CL: Murder is intent to kill/knowledge, inflict serious bodily injury, extreme recklessness (indifference to human life), or felony murder rule→ killing done by D in proximity to felony. MPC: Purpose, knowledge, extreme recklessness. 1st/2nd = premeditated/unpremeditated. Vol. manslaughter: D is reasonably provoked, reasonably has not cooled off. Involuntary manslaughter→ recklessness/negligence. MPC: manslaughter = recklessness, or reasonable explanation for extreme mental distress. Negligent homicide under MPC, CL is either invol or misdemeanor.

Front 6

Necessity

Back 6

D must reasonably believe crime was necessary to avert a greater imminent harm. D is not at fault, intentional homicide, or legislatively foreclosed.

Front 7

Intoxication

Back 7

voluntary is defense if D lacked specific intent mens rea. MPC: no defense for recklessness if sober person would have acted differently. Involuntary is defense for general/specific intent, and also if D meets requirements of insanity (minus illness).

Front 8

Duress

Back 8

D reasonably believes crime was necessary to prevent an imminent threat of death or serious bodily harm to himself or others. D not recklessly at fault, debate about intentional homicide, minority require natural source.

Front 9

Strict liability

Back 9

No mens rea. 14th amendment: no strict liability for passive act that is improbably criminalized. MPC is opposed.

Front 10

Solicitation

Back 10

D encouraged, advised, or demanded help from someone to commit a crime with intent for crime to be committed. Renunciation: CL→ No MPC→ voluntary, complete, and prevent or persuade crime from being committed.

Front 11

Causation

Back 11

“but-for” and proximate cause→ result must be the reasonably foreseeable, sufficiently direct consequence of D’s actions

Front 12

Accomplice Liability

Back 12

Vicarious liability if D gives some affirmative participation in commission of the crime with intent to assist and intent that crime be committed. CL: D is only accomplice to other crimes if they are natural, probably consequence of intended crime. MPC: requires mens rea for the other crime. Renunciation is allowed if withdrawal of all aid and notification to police.

Front 13

Mens Rea

Back 13

Specific intent→ intent for something other than to engage in the act; General intent→ blameworthy state of mind. MPC: Purposely cause a result; Knowledge to level of practical certainty that results will occur, different for knowledge of facts—high probability that fact exists, unless reasonable actual belief otherwise; Recklessness: D is actually aware of substantial and unjustifiable risk, and disregard of risk reflects gross deviation from standard of conduct of law-abiding people; Negligence: D should have been aware, and lack of awareness is a gross deviation.

Front 14

Mistake

Back 14

Fact→ does mistake negate mens rea? CL: reasonable or unreasonable can be defense for specific intent—reasonable mistake for general intent crime. MPC: Reckless mistake negates purpose/knowledge, negligent mistake negates reckless, reasonable mistake negates negligence. Mistake of Law→ generally not a defense, unless D reasonably relies on advice of public official responsible for that law.

Front 15

Insanity

Back 15

M’Naghten: Mental illness or defect, result of which D didn’t know nature and quality of his act OR didn’t know his actions were wrong (illegality or awareness that society would disapprove). MPC: D must have mental illness or defect, result of which D lacks substantial capacity to appreciate wrongness (illegality/immorality) OR conform conduct to requirements of law.

Front 16

Self Defense

Back 16

Deadly force only if D reasonably believes its necessary to prevent imminent infliction of deadly force. Initial aggressor cannot claim self-defense. No deadly force for property, D must reasonably believe non-deadly force necessary to protect property from imminent threat. 3 approaches to habitation: 1) D reasonably believes necessary to prevent immediate and unlawful entry (CL) 2) CL + belief intruder was going to commit felony or injure someone 3) #2 + forcible felony or force that could cause serious harm or death.

Front 17

Theft

Back 17

Larceny: wrongful taking and carrying away of personal property that belongs to another with intent to permanently deprive (CL: intent at time of taking. MPC: intent at any point). Found items→ CL reasonable belief owner could be found and continuous trespass doctrine, MPC failure to take reasonable measures to return. Returns not allowed for active stealing. False pretenses: Misrepresentation by D of past or present material fact with intent to defraud (recklessness), where D is aware property is not his, V relies on the misrepresentation, and there is a transfer of title. Embezzlement: a fraudulent appropriation by D of the property of another when D has been entrusted with possession of the property. Robbery: Larceny + taking by force or apprehension of imminent force from V’s person or immediate control. Burglary: CL→ Breaking and entering of someone else’s dwelling house at night with intent to commit a felony. Mordern→ An unauthorized entry into building or structure with intent to commit a crime.