CRIMINAL LAW

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Anonymous
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23873
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CRIMINAL LAW
Updated:
2010-06-16 23:07:58
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CRIMINAL LAW
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CRIMINAL LAW
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  1. ESSENTIAL ELEMENT OF A CRIME: ELEMENT 1 - ACT OR OMISSION
    • - Act can be any bodily movement with the exception of (1) conduct which is not the product of own volition, (2) a reflexive/convulsive act, (3) conduct performed while unconscious/asleep
    • - Omission: Generally no duty to act or help 3rd person unless (1) by contract, (2) by statute, (3) relationship btw/parties, (4) voluntary assuming of duty ("I'll save him!"), (5) conduct created the peril.
  2. ESSENTIAL ELEMENT OF A CRIME: ELEMENT 2 - MENTAL STATE FOR CRIMES AT COMMON LAW
    • (1) Specific intent: (a) inchoate offenses (solicitation, attempt, conspiracy), (b) 1st degree murder, (c) assault, (d) common law felonies against property (larceny, embezzlement, false pretenses, robbery, burglary, forgery)
    • (2) Malice: Reckless disregard of obvious or high risk proscribed harm will occur
    • (3) General Intent: Awareness of factors constituting a crime (catch-all)
    • (4) Strict Liability
  3. ESSENTIAL ELEMENT OF A CRIME: ELEMENT 2 MENS REA UNDER MPC
    • (1) Purposefully: Conscious choice to engage in certain conduct or cause certain result (specific intent)
    • (2) Knowingly/Willfully: Aware conduct is substantially likely to cause certain result
    • (3) Recklessly: Knows of substantial/unjustifiable risk and conscious disregard
    • (4) Negligence: Fails to be aware of substantial/unjustifiable risk where such failure is a substantial deviation from the standard of care of a reasonable person.
  4. ESSENTIAL ELEMENTS OF A CRIME: CAUSATION
    • - Actual Causation: A D is an actual cause if the bad result would not have happened "BUT FOR" D's conduct. NOTE - An accelerating cause is an actual cause
    • - Proximate Causation: A D is a proximate cause if the bad result is a natural and probable cause of D's conduct. Consider foreseeability and fairness.
    • - Egg-shell Doctrine applies
  5. ESSENTIAL ELEMENTS OF A CRIME: CONCURRENCE
    • - The D must have the mental state at the same time he engages in the act.
    • - Issues arise most frequently in larceny and burglary
  6. ACCOMPLICE LIABILITY
    • - Accomplices are liable for the crime of the principal and all other foreseeable crimes if (1) given aid, counsel or encouragement, and (2) w/intent to aid or encourage principal in commission of crime charged.
    • - Sale of goods to help a crime, even with knowledge, generally insufficient unless sufficient stake (procuring illegal item or selling at higher price bc/of knowledge of crime)
  7. INCHOATE OFFENSES: SOLICITATION
    - (1) Act of inciting/counseling.advising/urging/commanding another to commit a crime with (b) specific intent that person solicited commits the crime
  8. CRIMES AGAINST THE PERSON: BATTERY
    • - The (1) unlawful (2) application of force to another, (3) resulting in either bodily injury or offensive touching
    • - General intent
  9. CRIMES AGAINST THE PERSON: ASSAULT
    • (1) Version 1 - Attempted battery (i.e. swing and miss)
    • (2) Version 2 - The (1) intentional creation (2) other than by mere words (3) of a reasonable apprehension in the mind of the victim (4) of imminent bodily harm (i.e. fake punch)
    • (3) Specific intent required.
  10. CRIMES AGAINST THE PERSON: AGGRAVATED ASSAULT AND BATTERY
    - Many states up the punishment if weapon is used, victim is child/elderly/handicapped/vulnerable, or if there was intent to commit robbery or rape.
  11. CRIMES AGAINST THE PERSON: NY 2nd DEGREE ASSAULT
    • - Intentionally causing serious physical injury
    • - Weapon ups degree, take away injury lowers degree
    • - No separate battery crime. All versions of assault require some kind of injury.

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