Criminal Law

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apgiering
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157818
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Criminal Law
Updated:
2012-06-12 11:56:07
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  1. Jurisdiction
    A state has jurisdiction over a crime if either the conduct or the result happened in that state.
  2. Merger
    Generally no merger of crimes in American law. Exceptions: solicitation; attempt.
  3. For what two crimes is there merger of crimes in American law?
    • Solicitation
    • Attempt
  4. What are the elements of any crime?
    • Act
    • Mental state
  5. Act
    Any voluntary bodily movements.
  6. When can an omission be an act?
    When there is a legal duty to act.
  7. Is there a legal duty to rescue?
    Generally, no.
  8. What creates a legal duty to act?
    • By statute
    • By contract
    • Because of a relationship between the parties
    • Because you voluntarily assume a duty of care and then fail to adequately perform it
    • Because you created the peril
  9. Solicitation
    Asking someone to commit a crime (they don't need to agree to commit the crime).

    Merges into conspiracy if the person actually agrees to do it and they make an overt act.

    Specific intent crime.
  10. When does solicitation merge into conspiracy?
    When the person asked to commit a crime actually agrees to do it and they make an overt act.
  11. Conspiracy
    An agreement, with an intent to agree, and an intent to pursue an unlawful objective with an overt act in furtherance of the conspiracy.

    Minority rule is that there is no need for an act; the agreement itself is enough.

    Each conspirator is liable for ALL the crimes of co-conspirators if those crimes were committed in furtherance of a conspiracy and were forseeable.

    The agreement need not be expressed; intent can be inferred from conduct.

    Factual impossibility is no defense to conspiracy.

    Withdrawal -- you can never get rid of liability for conspiracy, but if you withdraw you are no longer liable for the other conspirator's subsequent crimes.

    Specific intent crime.
  12. Does conspiracy require an act?
    Yes, conspiracy requires an overt act in furtherance of the conspiracy.

    NOTE: Minority rule is that there is no need for an act; the agreement itself is enough.
  13. Is a conspirator liable for the crimes of other co-conspirators?
    Yes, if those crimes were committed in furtherance of a conspiracy and were forseeable.
  14. Does agreement to form a conspiracy need to be expressed?
    No, intent may be inferred from conduct.
  15. Is factual impossibility a defense to conspiracy?
    No.
  16. Can you get rid of liability for conspiracy by withdrawing from the conspiracy?
    No, but if you withdraw you are no longer liable for the other conspirator's subsequent crimes.
  17. Attempt
    Specific intent; and an overt act in furtherance of the crime (must be a substantial step, not mere preparation).

    Factual impossibility is not a defense.
  18. Is factual impossibility a defense to attempt?
    No.
  19. First-degree murder
    The unlawful killing of another human being with malice aforethought.

    • Malice crime.
  20. Premeditated killing
    The defendant must have acted with intent or knowledge that his conduct would cause death.

    • Malice crime.
  21. Felony murder
    Any killing, even an unintentional killing, committed during the course of a felony.

    Defense: if the defendant has a defense to the underlying felony, then he has a defense to felony murder.

    Defendant is NOT liable for the death of a co-felon as a result of resistance by the victim or the police.

    Specific intent crime (sort of?).
  22. Homicide of a police officer
    • The defendant must know the vicitm is a law enforcement officer, and
    • The victim must be acting in the line of duty.
  23. Assault
    • An attempt to commit a battery; or
    • The intentional creation--other than by mere words--of a reasonable apprehension of imminent bodily harm.
  24. Aggravated assault
    • An attempt to commit a battery; or
    • The intentional creation--other than by mere words--of a reasonable apprehension of imminent bodily harm; AND
    • The use of a deadly weapon; or
    • With the intent to rape, maim or murder
  25. Larceny
    A wrongful taking, asportation of property of another by trespass with intent to permanently deprive.

    Specific intent crime.
  26. Embezzlement
    The fraudulent conversion of property of another.

    Embezzler is always in lawful possession before the illegal conversion.

    Specific intent crime.
  27. How can you tell larceny from embezzlement?
    The embezzler is always in lawful possession before the illegal conversion.
  28. False pretenses
    The defendant pursuades the owner of property to convey title by false pretenses.

    Specific intent crime.
  29. Larceny by trick
    The defendant persuades the owner of property to convey possession (but not title) by false pretenses.

    Specific intent crime.
  30. How can you tell false pretenses from larceny by trick?
    • False pretenses -- defendant persuades the owner to convey title by false pretenses
    • Larceny by trick -- defendant persuades the owner to convey possession (but not title)
  31. Robbery
    The taking of personal property of another from the other person's presence, by force or threat with the intent to permanently deprive him of it.

    Simulated deadly weapon -- enough to make you guilty of armed robbery.

    Specific intent crime.
  32. Is a simulated deadly weapon enough to make you guilty of armed robbery?
    Yes.
  33. Extortion
    Knowingly seeking to obtain property or srervices by means of a future threat.

    Specific intent crime.
  34. Burglary
    Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.

    Constructive breaking -- a breaking by fraud or threat.

    Specific intent crime.
  35. Forgery
    Falsely making, completing or altering a written document with intent to deceive.

    Specific intent crime.
  36. Transferred intent
    If you intend to commit a crime and accidentally commit another crime, then you are guilty of both crimes.
  37. What crimes require the state of mind of malice?
    • Arson
    • Murder
    • Manslaughter
  38. Arson
    The malicious burning of hte dwelling of another.
  39. What is sufficient to show malice aforethought for murder?
    • Intent to kill; or
    • Intent to inflict great bodily harm; or
    • A reckless indifference to an unjustifiably high risk to human life; or
    • Intent to commit a felony
    • Must be the cause-in-fact of death
    • Must be the proximate cause
  40. Second-degree murder
    • A depraved heart killing -- a killing done with recklness indifference to an unjustifiably high risk of human life; or
    • Murders that are not classified as first-degree murders
  41. Voluntary manslaughter
    • Killing in the heat of passion resulting from an adequate provocation by the victim
    • The provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control
    • There must not have been a sufficient time between the provocation and the killing for the passions of a reasonable person to cool; and
    • The defendant in fact did not cool off between the provocation and the killing.
  42. Involuntary manslaughter
    • A killing of criminal negligence
    • Misdemeanor manslaughter -- killing someone while committing a misdemeanor or an unenumerated felony
  43. Misdemeanor manslaughter
    Killing someone while committing a misdemeanor or an unenumerated felony.
  44. Strict liability
    No mental state required.

    NOTE: If the crime is administrative, regulatory, or moral and you don't see any adverbs in the statute such as knowingly, willfully, or intentionally, then the statute is meant to be a no intent crime of strict liability.
  45. What is the state of mind for statutory rape?
    Strict liability.

    Consent of the victim and mistake of fact are no defenses.
  46. Is consent of the victim a defense to statutory rape?
    No.
  47. Is mistake of fact a defense to statutory rape?
    No.
  48. What crimes require the state of mind of general intent?
    • Battery
    • False imprisonment
    • Kidnapping
    • Rape
  49. Battery
    Unlawful application of force to the person resulting in either offensive touching or bodily injury.

    Criminal negligence is enough.
  50. False imprisonment
    Unlawful confinement of a person without his valid consent.

    Doesn't work if an alternate route is available.

    Consent precludes conviction.
  51. Is consent of the victim a defense to false imprisonment?
    Yes.
  52. Kidnapping
    Confinement of a person involving either some movement or concealment of the victim in a secret place.
  53. Rape
    Slightest penetration completes the crime of rape.
  54. What are the mental states as defined in the Model Penal Code?
    • Purposely -- one acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result
    • Knowingly -- one acts knowingly when he is aware that his conduct will very likely cause the result
    • Recklessly -- one asks recklessly when he consciously disregards a substantial or unjustifiable risk
    • Negligently -- one acts negligently when he fails to be aware of a substantial and unjustifiable risk
  55. How does the MPC define "purposely"?
    One acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result.
  56. How does the MPC define "knowingly"?
    One acts knowingly when he is aware that his conduct will very likely cause the result.
  57. How does the MPC define "recklessly"?
    One acts recklessly when he consciously disregards a substantial or unjustifiable risk.
  58. How does the MPC define "negligently"?
    One acts negligently when he fails to be aware of a substantial and unjustifiable risk.
  59. Accomplice liability
    • Accomplice -- one who aids, advises, or encourages the principal in the commission of the crime
    • Accomplices must also have the requisite intent that the crime be committed
    • Accomplices are liable for the crime itself and all other forseeable crimes
  60. What is an accomplice?
    One who aids, advises or encourages the principal in the commission of the crime.
  61. What intent is required for accomplice liability?
    Accomplices must have the requisite intent that the crime be committed.
  62. What crimes are accomplices liable for?
    The crime itself and all other forseeable crimes.
  63. How can an accomplice withdraw?
    • If he simply encouraged the criminal, he can withdraw by repudiating the encouragement
    • If he aided the criminal, he must do everything possible to neutralize his assistance
    • Could also just contact the police
  64. What are defenses under criminal law?
    • Insanity
    • Intoxication
    • Infancy
    • Self-defense
    • Defense of others
    • Defense of a dwelling
    • Duress
    • Necessity
    • Mistake of fact
    • Entrapment
  65. What are defenses for crimes based on capacity?
    • Insanity
    • Intoxication
    • Infancy
  66. What is the M'Naghten Rule for insanity?
    At the time of his conduct the defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.
  67. What is the "irrisisitble impulse" definition of insanity?
    The defendant lacked the capacity to control and to exercise free choice.
  68. What is the Durham Rule for insanity?
    The defendant's conduct was the product of his illness.
  69. What is the Model Penal Code definition of insanity?
    The defendant lacked the ability to conform his behavior to the requirements of law.
  70. Voluntary intoxication
    Self-induced intoxication, defense to specific intent crimes.
  71. Involuntary intoxication
    Unknowingly being intoxicated or becoming intoxicated under duress.
  72. Infancy
    • Under age 7 -- no criminal liability
    • Under age 14 -- a rebuttable presumption of no criminal liability
  73. When can a victim use non-deadly self-defense?
    Anytime the victim reasonably believes that deadly force is about to be used on him.

    Minority -- retreat rule, retreat if it is safe to do so.

    EXCEPTIONS:

    • No duty to retreat from your home
    • No duty to retreat if you are the victim of a rape or robbery, and
    • Police officers have no duty to retreat
  74. What are the exceptions to the minority rule that you should retreat if it is safe to do so before using non-deadly self-defense?
    • No duty to retreat from your home
    • No duty to retreat if you are the victim of a rape or robbery
    • Police officers have no duty to retreat
  75. What must the original aggressor do in order to get back to the defense of self-defense?
    • Withdraw; and
    • Communicate that withdrawal
    • ALSO: If the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense.
  76. Can the original aggressor use the defense of self-defense?
    Yes, if he withdraws and communicats that withdrawal, or if the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force without giving the aggressor the opportunity to withdraw.
  77. When can a defendant raise a "defense of others" defense?
    If he reasonably believes that the person assisted would have had the right to use force in his own defense.
  78. Can deadly force be used to defend a dwelling?
    Deadly force may neverbe used solely to defend property.
  79. What are the elements of the defense of duress?
    • The person acts under the threat of imminent infliction of death or serious bodily harm; and
    • That belief is reasonable
    • May also be a threat to a third person
    • NEVER a defense to homicide
  80. Can a person use the defense of duress when it was not him but a third person who was threatened?
    Yes.
  81. Can duress ever be a defense to homicide?
    No.
  82. Necessity
    Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the defendant reasonably believes that his conduct was necessary to avoid a greater societal harm.
  83. When is mistake of fact a defense?
    Only when the mistake negates the requisite intent.

    • Specific intent -- unreasonable mistake
    • Malice or general intent -- reasonable mistake
    • Strict liability -- never a defense
  84. Is mistake of fact a defense to specific intent crimes?
    Yes, even if the mistake is unreasonable.
  85. Is mistake of fact a defense to malice or general intent crimes?
    Yes, but only if the mistake is reasonable.
  86. Is mistake of fact a defense to strict liability crimes?
    No.
  87. Is "consent" a defense?
    No.
  88. What are the elements of the defense of entrapment?
    • The criminal design must have originated with law enforcement officers, and
    • The defendant must not have been predisposed to commit the crime.

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