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80 Cards in this Set

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Actus Reus:
Actus Reus: an unlawful act is required before criminal culpability can attach. There must be a voluntary act by the defendant to engage in behavior or cause the result prohibited by the criminal offense.
Omissions to act:
Omissions to act can form the basis to criminal culpability and meet actus reus element.
Criminal liability can be imposed on a defendant for an omission to act where the following exist:
(1) -There is a legal duty to act;
(2) -Defendant can physically and reasonably perform the act;
(3) -By contract
(4) -Pre-existing dependencies (by certain relationships)
(5) -Voluntary assumption of care (can qualify as a contract)
(6) -Creation of peril
By statute: In most situations, a defendant's failure to act:
will not result in criminal culpability e.g. failure to put out a fire unless one has a legal duty to act (fireman).
Failure to save a life:
will not result in criminal liability for homicide.
Involuntary acts:
Involuntary acts – acts committed while the actor was unconscious, during an epileptic event, or other medical event can not suffice actus reus element.
However, if a person has prior knowledge of potential unconscious event:
-then acts reus may attach.
Acts performed while the actor was physically forced by another to do something:
- can also negate actus reus
“Big 5” Prima Facie elements of crimes:
• Mens Rea = guilty mind, intent
• Actus Reus = voluntary acts
• Concurrence = simultaneous of guilty mind and voluntary acts
• Causation
• Harm
“But For” cause:
“But For” cause = cause in fact:
But for the defendant's conduct, victim would not have been harmed.
Criminal Proximate Cause:
–the defendant may not be held liable unless it can be proven that the defendant's conduct was the proximate cause of the result.
General Rule to Proximate Cause:
–the actor will be held to be the proximate cause of all the natural and probable consequences that flow from the defendant's actions.
Victim weaknesses:
–a defendant takes the victim as he finds him. An intervening actor who renders aid as a good Samaritan and victim dies may or may not break causal chain.
If intervener acted in simple negligence:
–then there is no break in causation. If intervener acted with gross negligence, e.g. frolic and detour by medics, then there is a break in causation. Test to apply is the Reasonable Prudent Person standing in the shoes of the intervener.
Mens Rea:
–proved through circumstantial and direct evidence. Both types of evidence are afforded the same weight.
Eye witness testimony:
–challenged by experts for being fallible, not considered direct evidence but circumstantial.
Later formed intent:
Later formed intent = intent to permanently deprive later after breaking can be a lesser crime of larceny.
If the mental state is in the definition of a crime:
–it's a specific intent crime.
Thoughts alone:
–person can not be punished by thoughts alone.
Concurrence:
–presence of mens rea and actus reus occurring at the same time
Concurrence: presence of mens rea and actus reus occurring at the same time. Example:
Example: Burglary requires the specific intent to commit a felony therein at the time of breaking into a dwelling of another
Concurrence is proved:
-through circumstantial evidence in the absence of a confession or video footage.
Murder:
Murder is the intentional and unlawful killing of another person with malice aforethought
Transferred Intent:
If a defendant acted with the intent to kill or cause serious bodily harm to a person, but accidentally killed another person, the intent to kill is transferred to the person inadvertently killed.
Transferred Intent defendant is culpable:
-for attempted murder to the intended victim and murder for the actual person killed.
Malice Aforethought:
– doesn't require ill-will towards the victim nor any premeditation for any amount of time.
Malice Aforethought 4 theories:
2 express:
(1) -I2K
(2) -I2CSBI
2 implied:
(1) -ERMTIVHL
(2) -FMR
Malice Aforethought 2 express theories:
1. I2K = Intent to kill can be explicit by the use of words or implied by the use of a deadly weapon
2. I2CSBI = Intent to cause serious bodily injury can be inferred by the use of a weapon. Defense
Malice Aforethought 2 implied theories:
1. ERMTIVHL = extreme recklessness manifesting a total indifference to the value of human life. (Depraved and wicked heart killing.)
Defense would be gross negligence, criminal negligence, simple negligence or recklessness – involuntary manslaughter.
1. FMR = Felony Murder Rule: An unintended or accidental death occurring during the attempt, commission, or flight from an enumerated felony:
BARRKs –
Burglary,
Arson,
Rape,
Robbery,
Kidnapping, or
any inherently dangerous felony.
Limitations of FMR. Winship, a missing requisite element of the defined crime.
I2K:
-Intent to kill can be explicit by the use of words or implied by the use of a deadly weapon
I2CSBI:
–Intent to cause serious bodily injury can be inferred by the use of a weapon.
ERMTIVHL:
extreme recklessness manifesting a total indifference to the value of human life. (Depraved and wicked heart killing.)
ERMTIVHL Defense would be:
–gross negligence, criminal negligence, simple negligence or recklessness – involuntary manslaughter.
FMR = Felony Murder Rule:
An unintended or accidental death occurring during the attempt, commission, or flight from an enumerated felony
Felony Murder Rule -BARRKs
Burglary,
Arson,
Rape,
Robbery,
Kidnapping, or
any inherently dangerous felony.
Limitations of FMR:
(1) –Defendant must be guilty of attempt, commission, or flight.

(2) –Winship, a missing requisite element of the defined crime.
Independent Felony Rule:
Felony must be distinct from the killing –otherwise, the prosecution would be Bootstrapping FMR. Death must have been a foreseeable result of the felony.
FMR does not apply when:
–a co-felon is justifiably killed by a police officer or victim.
Inherently dangerous felony:
–any dangerous crime committed that can cause death to a human being.
Imperfect Self-Defense: ISP
– erroneous belief of acting within the law. Not completely justified but still culpable to a lesser extent:
ie: murder to voluntary manslaughter.
ISP:
Imperfect Self-Defense
Attempt:
Attempt
(1) -A substantial step beyond mere preparation
(2) -Towards the commission of a crime
(3) -with the Specific Intent required for the target crime
(4) -Merges with the target crime once the target crime is committed
Solicitation:
– urging,
– advising,
– commanding,
– counseling,
– enticing
of another person to commit a crime with intent that the person solicited commit the crime.

It's not required for the person to respond in the affirmative or commit a crime.

Recipient need not hear communicated solicitation.
Conspiracy:
1. An agreement between two or more people to commit a crime
2. An intent to agree
3. An intent to achieve the target objective of the crime.
4. An overt act that is mere preparation – majority holding
Merger of Solicitation:
- merges into target crime once target crime is committed.
Mere preparation policy:
Mere preparation policy. Because of the dangerousness posed to society by conspiracies, courts have lowered the threshold of attaching liability to mere preparation.
Conspiracy Common Law:
– no overt act required.
Common Law Conspiracy was complete:
– at the point of agreement between 2 or more persons.
Conspiracy Two-Prong Mental State of mens rea:
– specific intent to agree and intent to achieve the objective of the conspiracy.
Conspiracy is a specific intent crime:
Specific Intent – like all inchoate crimes, conspiracy is a specific intent crime.

As such, intoxication can negate the requisite mens rea to form the intent to agree.
Conspiracy Hearsay Exception:
– 3rd party witnessing co-conspirators' statements made in furtherance of the conspiracy can be used in court against any conspirators
Conspiracy Statute of Limitations:
– does not start until conspiracy ends
Conspiracy Joint Trials:
– prosecutor has the choice of venue when conspiracy covers other jurisdictions
Conspiracy Merger Exception:
– conspiracy is the only inchoate crime that doesn't merge with the target offense.

A defendant can be charged for both the crime of conspiracy and the target crime.

E.g. conspiracy to commit murder and murder.
Conspiracy Notice:
– prior knowledge of a co-conspirator's foreseeable conduct: should have known that a co-conspirator would have acted in the proscribed act.
Conspiracy Choice of Venue:
– prosecutor has choice of venue to prosecute conspirators when the crimes cover other jurisdictions.
Conspiracy Liability for Misc Crimes:
– Look for nexus between target crime and misc. crimes.

A conspirator may be held liable by crimes committed by other conspirator.
Unilateral Conspiracy:
– minority jurisdictions
e.g.: an agreement between a guilty minded person and an undercover police officer: Solicitation Model

Penal Code: a defendant can be convicted of conspiracy regardless of all co-conspirators are acquitted or were feigning agreement.
Always label charge of conspiracy completely:
e.g. conspiracy to commit murder
For Conspiracy Always state:
– “Defendant was not the actual killer of the victim, however…”.
Felony Murder Conspiracy:
Applies since there's no statute of limitations on murder.
Withdrawal from a conspiracy is not a defense to conspiracy because:
-the conspiracy is completed as soon as the agreement is made and an act in furtherance is performed.
Withdrawal from a conspiracy:
However, withdrawal may be a defense to crimes committed in furtherance of the conspiracy including the substantive crimes of the conspiracy:
-assuming that the withdrawal is effective.
Withdrawal from a conspiracy: A conspirator must perform an:
-affirmative act that notifies all members of the conspiracy of his withdrawal.
Withdrawal from a conspiracy:
Notice must be given in time for the other members to abandon their plans.
Notice must be given in time for the other members to abandon their plans.
Withdrawal from a conspiracy:
If he has also provided assistance as an accomplice:
-that same party must try to neutralize or diminish the assistance.
Withdrawal from a conspiracy:
There must be a genuine and reasonable effort:
-in light of the circumstances.

Under MPC, needs specific details to thwart the crime.
Wharton's Rule:
– there are some crimes that by definition require two or more people:
duality,
adultery,
bribery.

As such, defendant cannot charged with conspiracy.

Exception if there are three or more parties.
Withdrawal from a conspiracy:
Protected Classes:
– if members of a conspiracy agree to commit a crime designed to protect persons within a protected class, persons in that class can not be convicted of that crime or conspiracy to that crime:
e.g.: statutory rape
Acquittal of Conspiracy:
–all persons with whom a defendant is alleged to have conspired with precludes conviction of any remaining defendants.
Acquittal of Conspiracy:
Under traditional view:
-in some jurisdictions, a conviction for conspiracy against a defendant is allowed to stand when alleged co-conspirators are acquitted in a separate trial.
Agreement = plurality:
–agreement of two guilty minds, communication of implied agreement is sufficient.
Agreement = plurality:
Agreement need not be expressed:
–may be inferred by joint activity of totality of circumstances or through their conduct.
Agreement = plurality:
Parties must agree to:
–accomplish the same objective by mutual action.
Pinkerton Rule:
Acts committed in furtherance of the conspiracy committed by any conspirator are attributable to all bad actors if they are:
1. Committed in furtherance of the objective of the conspiracy and;
2. It was reasonably foreseeable.
Reasonably foreseeable crimes depend on:
–the objective crime of the conspiracy.
Facts and nature of the target offense:
–if it's within the scope of the conspiracy using common sense.
Accomplice Liability
C/L Accessory before the fact
C/L
Accessory -before the fact
A-BTF:
one who intentionally helps or encourages P1 principal in the first degree to commit crime beforehand and is not present at or near the crime scene. P2 principal in the second degree helps or encourages P and is at or near the crime scene.
Accessory -after the fact
A-ATF:
one who is not part of the planning or commission of the crime but renders P1 or P2 aid after the crime. C/L husbands and wives could not be A-ATF