Criminal Law

Front 1

Jurisdiction

Back 1

The legal situs of the state - place of conduct or result.

Front 2

Merger

Back 2

Solicitation and Attempt merge into the substantive offense.

Conspiracy does not merge with the substantive offense.

Never merge any crimes that involve different victims!

Front 3

3 acts that don’t qualify as ACTS for criminal liability

Back 3

a. Conduct that is not a product of own volition. (someone pushes you and you push others into a bus, you are not guilty)

b. Reflexive or convulsive act

c. Act performed while unconscious or asleep

Front 4

No legal duty to act,

EXCEPT: 5 circumstances

Back 4

a. Can arise by statute (file tax return)
b. By contract (lifeguard or nurse)
c. Because of relationship btw parties (parents have legal duty to protect children, spouse duty to protect each other)
d. B/o voluntarily assuming a duty of care towards someone else and then fail to adequately perform it. You see someone drowning in the pool, you voluntarily said “I will help you”, but quit on the way and return.
e. Conduct created the peril (push somebody into swimming pool who cannot swim)

Hint 4

scrap

Front 5

Specific Intent Crimes

Back 5

1. Solicitation, Conspiracy, Attempt (Inchoate)

2. 1st Degree Murder

3. Assault as an Attempted Battery

4. Theft/Property Crimes (Larceny, embezzlement, false pretences, robbery, burglary, forgery)

Front 6

Malice Crimes

Back 6

1. Common law Murder

2. Arson

Front 7

Strict Liability Crimes

Back 7

if the crime is in the administrative, regulatory or morality area, and when read the statute, there are no adverbs like “Knowingly”, “willfully”, “intentionally”.

Front 8

Accomplice Liability

Back 8

Accomplices are liable for 1) the crime itself and 2) all other foreseeable crimes

1. Have to be actively aiding/abetting

2. Or counseling the crime

Front 9

Conspiracy

Back 9

1. An agreement – between 2 or more people to commit a crime

2. Intent to agree - (if person only pretended to agree, no conspiracy)

3. intent to pursue (achieve) the unlawful objective

Front 10

Attempt

Back 10

specific intent + substantial step beyond mere preparation

Front 11

Insanity Defenses

Back 11

1. M'Naughtin test - At the time of the misconduct, Defendant lacked the ability to know the wrongfulness of his actions or to understand the nature or quality of his actions

2. Irresistible Impulse – D lacked the capacity for self control and free choice

3. Durham Rule – D’s conduct was a product of a mental illness

4. MPC – D lacked ability to conform his conduct to the requirements of law

Front 12

Specific Intent Defenses

Back 12

i. Voluntary Intoxication

ii. Any mistake of fact, even unreasonable

Front 13

Involuntary Intoxication

Back 13

Defense on the bar to all crimes (even no intent crimes of strict liability)

Front 14

Infancy

Back 14

1. Under 7, no criminal liability

2. Under 14, rebuttable presumption of no criminal liability

Front 15

Self-Defense

Back 15

A victim may use non-deadly force in self-defense any time the victim reasonably believes that force is about to be used on them.

Majority rule – victim may use deadly force any time that victim reasonably believes that deadly force is about to be used on them. - no duty to retreat

Exceptions to Minority jx Duty to Retreat:
1. Home
2. Rape or Robbery
3. Police

Front 16

Original Aggressor Self-Defense

Back 16

In order to get back defense of self defense:

a. Run for the door (withdraw) and
b. Communicate (“I’m all done and I don’t intend to do anything else”)

Front 17

Duress & Necessity

Back 17

1. Defense to all crimes EXCEPT homicide (MBE)

2. May be a defense to felony murder, if it negates underlying felony

Front 18

Murder (CL)

Back 18

i. Intent to kill

ii. Intent to do serious bodily harm

iii. Highly reckless murder (depraved heart murder) <- no intent to kill is required

iv. Felony murder - must also found guilty of the commission or attempted commission of the underlying felony

Front 19

Voluntary Manslaughter

Back 19

intentional killing, need some provoking event

Front 20

Involuntary Manslaughter

Back 20

1. criminal negligence - gross or wantonly negligent; or

2. Misdemeanor manslaughter – killing someone while committing misdemeanor (assault or battery) or non-dangerous felonies (larceny)

Front 21

5 Defenses to Felony Murder

Back 21

i. Defense to underlying felony

ii. Felony must be independent of killing.

iii. Deaths must be foreseeable

iv. Deaths caused while fleeing from a felony are felony murder - Once D reaches some point of temporary safety, deaths caused thereafter, are not felony murder.

v. Majority: D is not liable for the death of a co-felon caused by the resistance by the victim, the police, or bystander. (is liable for the death of innocent party)

Front 22

Kidnapping

Back 22

unlawful confinement of a person that involves some movement of the victim or concealment of the victim in a secret place.

Front 23

Larceny

Back 23

1. Unlawful taking (need only be slight distance)

2. Tangible Personal property of another

3. without consent - incl. through fear or fraud

4. W/ intent to permanently deprive that person of an interest in the property

Front 24

Embezzlement

Back 24

1.Embezzler has lawful possession

2. followed by illegal conversion

Defense: Claim of Right or Intent to return the very property taken.

Front 25

False Pretenses

Back 25

1. Defendant persuades owner of property to convey title by false pretenses of

a. a present or past fact
b. (false promise to do something in the future does NOT count)

Note: possession AND title

Front 26

Robbery

Back 26

Larceny + assault

1. taking from the person or his presence

2. against their will
a. by violence (any small amount will do), or
b. by putting in fear (threat if imminent – not future – harm)

3. with the intent to steal

Front 27

Extortion (distinguished from Robbery)

Back 27

To be extortion:

a. don’t have to take anything from the person or his presence

b. threats for extortion are future harms

Front 28

Receipt of Stolen Property

Back 28

1. receiving possession and control

2. of stolen personal property

3. known to have been stole

4. by another person

5. w/intent to permanently deprive owner of their interest

Front 29

Forgery

Back 29

1. making or altering

2. a writing with apparent legal significance

3. so that it is false

4. w/intent to defraud

Front 30

Malicious Mischief

Back 30

1. malicious destruction of or damage to the property of another

2. requires no ill will/hatred

Front 31

Burglary

Back 31

1. A breaking in (actual or constructive- threat/fraud)

2. Entering of body
3. Into a dwelling
4. of another
5. At NIGHT
6. W/intent to commit a felony therein (intent had to exist at the time of the B&E)

Front 32

Arson

Back 32

1. malicious
2. burning (charring)
3. of dwelling house
4. of another

Does NOT apply to water/smoke damage or explosions.

There must be a material wasting of the fiber of the building by fire .