Criminal Law- Essay Outline

Front 1

5 Major Areas of Criminal Law

Back 1

I. Principles of Criminal Law
II. Accomplice Liability
III. Inchoate Offenses
IV. Common Law Crimes
V. Defenses

Front 2

4 Major Principles of Criminal Law

Back 2

Actus Reus: voluntary vs. involuntary

Mens Rea: strict liability, specific and general intent, knowingly, recklessness, criminal negligence, negligence

Concurrence between actus reas and mens rea

Causation- factual and proximate

Front 3

Elements of a crime

Back 3

a crime always requires proof of:
1. a physical act (acts reuse)
2. a mental state (mens rea)
3. concurrence of the act and the mental state
4. causation

Front 4

Mental State (specific intent)

Back 4

a crime may require not only doing an act but also doing it with a specific intent or purpose (A general intent crime only requires that you intend to perform the act)

specific intent crimes:
- solicitation
- attempt (even where the crime intended does not require specific intent)
- first degree murder
- assault
- larceny and robbery
- burglary
- false pretences
- embezzlement

Front 5

Mental State (malice)

Back 5

Requires:
1) a reckless disregard
2) of an obvious or high risk
3) that the particular harmful result will occur

malice crimes:
- common law murder
- arson

Front 6

Mental State (General intent)

Back 6

A general intent crime only requires that you intend to perform the act

is an awareness of all factors constituting the crime

def must be aware that she is acting in the proscribed way and that any required attendant circumstances exist

Front 7

Mental State (Strict Liability)

Back 7

A strict liability or public welfare offense is one that does not require awareness of all of the factors constituting the crime,

the def can be found guilty from the mere fact that she committed the act

ex: statuory rape, selling liquid to minors

Front 8

Accomplice Liability (parties)

Back 8

Common law: parties to a crime included

i) the principle (the one who actually engaged in the act),
ii) the accomplice (the person who aided, commanded or encouraged the principal)
iii) accessory before the fact (person who assisted or encouraged but was not present)

NOTE: any time you raise accomplice liability, also raise conspiracy

Front 9

Accomplice Elements & Liability

Back 9

An accomplice must have:
1) intent to commit the crime,
2) must actively aid, abet or counsel the principal

Note: Mere presence not enough

Liability:
Liable for the crime itself and all other foreseeable crimes.

Front 10

Accessory after the Fact

Back 10

An accessory aft the fact must have:
1) the intent to help a felon escape or avoid arrest or trial,
2) and must receive, relieve, or assists a known felon after the felony has been completed.

a. Liable for a separate crime of “obstructing justice"
b. Not liable for the crimes committed by the principal.

Front 11

What is a defense to Accomplice Liability

Back 11

Withdrawal:

a. If the person merely encouraged the commission of the crime he must repudiate his encouragement

b. If person provided some material (e.g., gun), must do all possible to retrieve it

c. Alternative: notify authorities or take some action to prevent the commission of the crime.

NOTE: Action must be before the chain of events leading to the commission of the crime becomes unstoppable.

Front 12

INCHOATE OFFENSES

Back 12

1) Solicitation,
2) Conspiracy and
3) Attempt

Front 13

Solicitation

Back 13

Occurs where one asked or requested someone to commit a crime

If the party solicited actually commits the requested crime, the solicitor will also be liable for the crime

If the party solicited refuses, it is no defense to the crime of solicitation

***The solicitor cannot be punished for BOTH the solicitation and these other offenses (merges)

Front 14

Conspiracy

Back 14

Elements:
1) An agreement – express or implied-- to accomplish some criminal or unlawful purpose, OR to accomplish a lawful purpose by unlawful means
2) An intent to agree with another
3) An intent to achieve the objective of the agreement
4) Some overt act in furtherance of objective.

Front 15

Conspiracy Intent Under MPC

Back 15

“One guilty mind” is enough for conspiracy if the guilty mind believed the other party was actually agreeing to commit the unlawful purpose.

Front 16

Conspiracy intent under Wharton's Rule

Back 16

Wharton’s Rule: If the target crime requires two participants, then no conspiracy unless there are three participants. (n + 1)

Front 17

Conspiracy Liability

Back 17

Liability: each conspirator is liable for all crimes of other conspirators if:
i) foreseeable; and
ii) in furtherance of the conspiracy.


***Conspiracy and the completed crime are distinct defenses and thus def can be convicted of both

Front 18

Conspiracy Defenses

Back 18

Withdrawal
1) Must communicate intent to withdraw to all other
conspirators before the target crime occurs.
NOTE: No withdrawal from liability for the conspiracy itself-- still liable for conspiracy

Front 19

Anytime you raise Co-Conspirator Liability you should also consider
raising...

Back 19

Accomplice Liability and vice versa

Front 20

Attempt Elements

Back 20

1) Specific intent to commit target crime
2) A substantial step in the direction of the commission of the crime
or come dangerously close (mere preparation not enough)

Front 21

Defenses to Attempt

Back 21

Legal Impossibility: when the acts defendant intends to commit are not a crime
NOTE: Factual Impossibility (if the facts were as he believes) is NO DEFENSE

Abandonment: NO DEFENSE if after the substantial steps have been begun

Front 22

Attempt Merge?

Back 22

attempt merges with committed crime (cannot be committed for both)

Front 23

COMMON LAW CRIMES (5 types)

Back 23

1) Crimes against the Person
2) Crimes against Personal Property – Theft
3) Crimes against Person and Personal Property
4) Crimes against Real Property
5) Crimes against the Public

Front 24

Homicide (def and types)

Back 24

"killing of another human caused by defendant"

Types:
1) Murder
2) Voluntary Manslaughter
3) Involuntary Manslaughter

Front 25

Murder

Back 25

"murder is the unlawful killing of a human being with malice aforethought"

Malice aforethought: exists if one of the following states of mind are found (malice quartet)
1) intent to kill
2) intent to inflict serious bodily injury
3) reckless indifference
4) the intent to commit a felony (felony murder)

Front 26

Recklessness (Murder)

Back 26

"indifference to known, high risk of death, evidencing an abandoned and malignant heart"

Front 27

Felony Murder Rule

Back 27

"killing in the commission of, or the attempt to commit, an inherently dangerous felony"

Front 28

Time Scope of Felony Murder

Back 28

During the perpetration: From attempt until felon reaches a place of temporary safety

Front 29

Inherently Dangerous Felonies (Felony Murder)

Back 29

BARRK --Burglary, Arson, Rape, Robbery and Kidnapping

Minority states also include non- dangerous felonies committed in a dangerous manner.

Front 30

Felony Murder Liability

Back 30

Felony must be independent from act that caused death (can't be from the battery felony)

Proximate cause: The felony must be the proximate cause of the homicide (i.e., the homicide must be a foreseeable result of the felony).

Front 31

Felony Murder (vicarious liability...co-felon)

Back 31

No felony murder under majority rule if non-felon (victim or police) kills a co-felon.

Front 32

Agency Theory- death of innocent party

Back 32

Under agency theory, defendant not liable when innocent party killed unless death caused by defendant or his agent

Front 33

Types of First Degree Murder

Back 33

a) Statutory
b) Common Law – Premeditation and Deliberation
c) Inherently dangerous felony under the felony murder rule.

Front 34

Voluntary Manslaughter

Back 34

"a killing that would be murder but for the existence of adequate provocation"

Adequate Provocation
a) The provocative act must cause both objective and
subjective passion, and no “cooling off” occurred=heat of passion.
b) Objective passion: Sudden and intense passion
causing reasonable person to lose control.
c) Subjective: Defendant was in fact provoked

Heat of Passion – no cooling time
a) Not enough time for a reasonable person to cool.
b) Defendant did not cool off.

Front 35

Voluntary Manslaughter (Imperfect Self Defense)

Back 35

Manslaughter could result from imperfect self-defense – unreasonable but honest belief in need to use deadly force.

Front 36

Involuntary Manslaughter (3 types)

Back 36

1) Intent to inflict slight bodily injury; OR

2) Criminal negligence: “gross deviation” from the standard of care of a reasonable person; OR

3) “Misdemeanor-Manslaughter” Rule: a killing while committing a malum in se misdemeanor (inherently wrongful) as opposed to malum prohibitum (wrongful only because of statute)

Front 37

Assault

Back 37

"an attempted battery or the intentional creation of a reasonable apprehension of imminent bodily harm"

Front 38

Battery

Back 38

unlawful application of force causing harmful or offensive contact of another

Front 39

Rape

Back 39

unlawful carnal knowledge of a woman by a man, not her husband, without her consent.

Front 40

Kidnapping

Back 40

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

Front 41

Mayhem

Back 41

dismemberment or disablement of a body part

Front 42

Crimes against Personal Property – Theft (4 types)

Back 42

1. Larceny

2. Embezzlement

3. False Pretenses

4. Receiving Stolen Property

Front 43

Larceny

Back 43

a. Trespassory taking (controlling) and
b. carrying away (asportation)
c. of the personal property
d. of another (with possession)
e. with the intent to permanently deprive (at the time of the taking).

Front 44

Embezzlement

Back 44

a. Fraudulent conversion
b. of personal property
c. of another,
d. by a person in lawful possession of that property.

Front 45

False Pretenses

Back 45

a. Obtaining title
b. to the personal property of another,
c. by an intentional false statement of past or existing fact,
d. with the intent to defraud the other.

Front 46

Receiving Stolen Property

Back 46

a. Receiving possession and control
b. of stolen personal property
c. known to have been obtained in manner constituting a criminal offense,
d. by another,
e. with the intent to permanently deprive.

Front 47

Crimes against Person and Personal Property

Back 47

1. Robbery

2. Extortion

Front 48

Robbery

Back 48

a. Taking
b. of personal property of another
c. from the person’s person or presence
d. by the use of force or fear
e. with the intent to permanently deprive.

Front 49

Extortion (Common Law v. Modern)

Back 49

Common law – corrupt collection of an unlawful fee by an officer under color of office.

b. Modernly – obtaining property by means of threats to do harm or to expose information

NOTE: Different from robbery because in extortion threats may be of future harm and taking need not be in victim’s presence.

Front 50

Crimes against Real Property

Back 50

1. Burglary

2. Arson

Front 51

Burglary

Back 51

a. Breaking and entering (modernly, entry)
b. of a dwelling (modernly, a structure)
c. of another
d. at nighttime (modernly, goes to degree)
e. with the intent to commit a felony therein (modernly, adds theft).

Front 52

Arson

Back 52

a. The malicious (intentional or reckless)
b. burning (charring is sufficient)
c. of the dwelling (modernly, a structure)
d. of another.

Front 53

Crimes against the Public

Back 53

1. Forgery
2. Bigamy
3. Misprison, Compounding a Felon

Front 54

Forgery

Back 54

a. Making or altering
b. a writing with apparent legal significance
Xc. making it falseX
d. with intent to defraud.

Front 55

DEFENSES (10)

Back 55

1. Self Defense
2. Defense of Others
3. Defense of Property
4. Insanity
5. Intoxication
6. Mistake
7. Entrapment
8. Age, Infancy
9. Duress
10. Crime Prevention

Front 56

Self Defense (deadly force)

Back 56

"Defendant may use deadly force to protect against an imminent deadly attack. Deadly force must be reasonable and necessary."

Front 57

Self Defense (Duty to Retreat)

Back 57

Duty to Retreat: Defendant need not retreat before using deadly force, unless defendant is the aggressor and safe retreat is available.

Minority rule: Defendant must retreat before using deadly force if
safe retreat available, unless in his/her home, a police officer, or victim of a violent felony.

Front 58

Self Defense (Initial Aggressor)

Back 58

Defendant cannot assert self-defense as a justification unless:
1) The defendant initial aggressor withdraws
2) The defendant initially used non-deadly force and attacker now using deadly force.
3) If safe retreat is available, the initial aggressor must retreat before using deadly force.

Front 59

Defense of Others

Back 59

"Defendant can use deadly force if reasonable and necessary to defend
another."

Under the majority rule, a defendant may claim defense of others if the victim reasonably appears to have the right to use deadly force.

Under the minority rule, a defendant steps into shoes of person defended (less forgiving)

Front 60

Defense of Property

Back 60

1. of Dwelling – nondeadly force may be used against unlawful entry; deadly force may be used if it becomes self-defense or to prevent a felony.

2. of other property – deadly force not an option.

Front 61

Insanity (4 Tests)

Back 61

1. M’Naughten test:
2. Irresistible Impulse test:
3. ALI Substantial Capacity test:
4. Durham Product test:

Front 62

Insanity (M’Naughten Test)

Back 62

Defendant, as a result of mental defect...

i) did not know the wrongfulness of his act OR
ii) could not understand the nature and quality of his acts.

Front 63

Insanity (Irresistible Impulse test)

Back 63

Defendant, as a result of mental defect...

i) was unable to control his conduct OR
ii) conform his conduct to the law.

Front 64

Insanity (ALI Substantial Capacity test)

Back 64

Defendant lacked the substantial capacity either to...

i) appreciate the wrongfulness of his conduct OR
ii) to conform his conduct to the requirements of the law.

Front 65

Durham Product test

Back 65

Defendant is not guilty if...

i) his crime was the product of a mental disease or defect.

Front 66

Intoxication (2 types)

Back 66

Involuntary

Voluntary


Note: intoxication may excuse criminal liability for specific intent crimes

Front 67

Voluntary intoxication

Back 67

a. Voluntarily and knowingly consumes an intoxicating substance.

b. Voluntary intoxication is no defense to crimes requiring no intent
(strict liability), general criminal intent or malice (malice quartet)
***May be a defense to specific intent crimes

Front 68

Involuntary intoxication

Back 68

a. Defendant involuntarily or unknowingly consumes an intoxicating substance.

b. Involuntary intoxication is a defense to all crimes if the intoxication renders the defendant “insane” under the applicable test.

Front 69

Intoxication (Diminished Capacity)

Back 69

A minority of states recognize a “diminished capacity” defense where evidence of defendant’s mental defect is admissible to prove the defendant did not have or could not form the intent required for the crime.

Front 70

Mistake (3 types)

Back 70

1) Reasonable Mistake of Fact

2) Unreasonable Mistake of Fact

3) Mistake of Law

Front 71

Reasonable Mistake of Fact

Back 71

If the defendant makes a reasonable mistake of fact or is ignorant of a fact that negates the required mental state for the crime, defendant is not guilty of that crime.

Front 72

Unreasonable mistake of Fact

Back 72

If the defendant is mistaken or ignorant of a fact, but the mistake is unreasonable under the circumstances, then the mistake is a defense only to a specific intent crime.

Front 73

Mistake of Law

Back 73

A mistake or ignorance of the law is no defense.

Front 74

Entrapment

Back 74

Elements:

i) Defendant must show the criminal plan originated with the government (obviously doesn't know they were the gov); and

ii) defendant was not predisposed to commit the crime prior to the contact with the government.

Front 75

Age, Infancy

Back 75

1. Under age of 7: No criminal liability.
2. Between 7 and 14: Rebuttable presumption of no criminal liability.
3. Over 14: Treated as an adult.

Front 76

Duress

Back 76

Defendant’s crime, except an intentional homicide, is excused if committed under the threat of imminent death or great bodily harm.

Front 77

Crime Prevention

Back 77

A police officer or private person may use deadly force if reasonably necessary to prevent the commission of a dangerous felony or to apprehend a dangerous felon.