Criminal Law

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  1. Murder (Murder 1)
    Common Law: The killing of another with malice aforethought.

    Modern Law: The unlawful killing of another human being with malice, premeditation, and deliberation.
  2. 4 Types of Malice
    • 1. Intent to kill
    • 2. Intent to inflict serious bodily injury (SBI)
    • 3. Depraved heart and mind - reckless indifference to human life
    • 4. Felony murder - intent to commit a felony
  3. Deadly Weapon Rule
    Intentional use of a deadly weapon authorizes a permissive inference of intent to kill
  4. Deadly Weapon
    Any instrument used in a manner calculated or likely to produce death or SBI
  5. Voluntary Manslaughter
    Modern Law Only

    The unlawful killing of another human being without malice in the heat of passion caused by adequate provocation without reasonable cooling time.
  6. Adequate Provocation
    Common Law: Must be an assault and batter upon a person, mutual combat, illegal arrest, injury or abuse to close relative, or sudden discovery of a spouse's adultery or infidelity. Must be in the presence. (Objective)

    Modern Law: Arouse a reasonable and ordinary person to kill someone. The question is whether a reasonable person would be provoked? Doesn't have to be in the presence. (Subjective)
  7. Felony Murder (in most jurisdictions just murder 1 and murder 2)
    Modern Law Only

    The unlawful killing of another with intent to commit a felony.
  8. Murder 2 (Unintentional)
    Modern Law Only

    The unintentional killing of another with knowledge that the act will probably cause death.
  9. Involuntary Manslaughter
    The unintentional killing of another without malice but with reckless behavior.
  10. Possession (Sole/Joint)
    Modern Law Only

    Dominion and control over an item with intent to exercise control. 

    • Actual Possession is on or about one's person.
    • Constructive Possession is not on or about one's person but intent to control and exercise control is present.
  11. Larceny
    Common Law: The trespassory taking and carrying away (asportation) the personal property of another with intent to permanently deprive. 

    Modern Law: Wrongful obtainment of the valuable property of another with intent to permanently deprive.
  12. Embezzlement
    Common Law

    The fraudulent conversion of the property of another by a person in lawful possession of the property during the course of employment. 

    Note: When employer does not have possession, but employee does.
  13. Robbery
    Common Law

    Trespassory taking and carrying away (asportation) of the personal property of another from their person with intent to permanently deprive by force, threat of force, or stealthy seizure. 

    Note: Stealthy seizure = some jurisdictions
  14. Larceny by Trick
    Common Law

    False statement or promise to do something in order to gain possession, but not title of something of value to another.
  15. False Pretenses
    Acquisition of title and possession of valuable property by making a false statement of past or present fact with intent to defraud.
  16. Forgery
    The making of a false document or alteration of a document with intent to defraud.
  17. Uttering
    The negotiating (passing) of a false document with intent to defraud. 

    i.e. Cashing a forged check at the bank.
  18. Receiving Stolen Property
    Receiving possession of the personal property of another knowing or believing it was stolen with the intent to permanently deprive.
  19. Burglary
    Common Law: The breaking and entering the dwelling of another at night with intent to commit a felony therein. 

    Modern Law: The entering of any structure at any time with intent to commit any crime.
  20. Attempt
    • Intent to commit a specific crime and an overt act of furtherance of that crime.
    • Tests of Furtherance 
    • Substantial Step Test
    • Dangerous Proximity Test
    • Last Step Test 
    • Equivocality Test
  21. Substantial Step Test

    Looks backward from how far you've come from the beginning
  22. Dangerous Proximity Test

    Looks forward at how close you've come to the end
  23. Last Step Test

    Must do the last act just before completion of crime
  24. Equivocality Test

    If upon looking at actor it can be said that person is unequivocally about to do the crime.
  25. Factual Impossibility
    Common Law: Not a defense

    Modern Law: Not a defense

    Note: When you attempt to commit a crime, and there is a fact that makes it impossible, then it is factual.
  26. Legal Impossibility
    Common Law: Defense

    Modern Law: Not a defense

    Note: The crucial distinction is if you do what you set out to do and it is not a crime, it is legal.
  27. Conspiracy
    Common Law: Agreement between two or more real conspirators to establish an unlawful objective

    Modern Law: Agreement between two or more conspirators plus an overt act to establish the unlawful objective. 

    • Note:
    • Pinkerton Rule - No presence 
    • NY Rule - Presence
  28. Accessory
    Common Law: P1 - absolute perpetrator of crime; P2 - present, but only aids and abets 

    Before- not a scene, helps beforehand

    Modern Law: All accessories; all charged w/substantive crime
  29. Accessory After the Fact
    Common Law Only

    Person knows felony was committed and was helped
  30. Rape
    Sexual intercourse by force or threat of force without consent with any criminal/culpable state of mind. 

    Common Law: Resistance needed 

    Modern Law: No resistance needed "no means no"
  31. Rape by Statute
    • Strict Liability 
    • No mens rea needed

    i.e. statutory rape
  32. Rape by Deception
  33. Forcible Rape without Consent
  34. Rape by Fraud
    Fraud in Factum - false facts about the act itself is rape. Not a defense. i.e. Doctor says sexual intercourse is treatment for a disease. 

    Fraud in the inducement - is all in the external. False facts about the environment is not rape. Can be used as a defense. i.e. Man says he's a millionaire. No rape. 

    *No common law/modern law distinction.
  35. Corroboration (Rape)
    Common Law: Testimony will suffice. 

    Modern Law: No American state requires corroboration now.
  36. Rape Shield
  37. Marital Immunity
  38. Mistake of Law
    A mistake about the legal effect of a known fact or situation. 

    • Three Exceptions
    • 1. specific court decree
    • 2. Official opinion from state's attorney general
    • 3. Where statute has recently been appealed

    Advice of a private attorney is not a defense
  39. Mistake of Fact
    Common Law: General intent - honest and reasonable

    Modern Law: Specific Intent - honest (reasonable or unreasonable)

    *Defense when it negates mental state needed for the crime
  40. Self-Defense
    Common Law: The right to use reasonable force to defend self against/property imminent battery. 

    Modern Law: Self-defense begins and ends with necessity. 

    *No deadly force unless SBI or threat of SBI
  41. Defense of Others
    Common Law: Good faith - minority

    Modern Law: Same shoes (m) - no mistake
  42. Defense of Property
    Reasonable force to protect property

    No deadly force allowed
  43. Necessity
    Common Law: Choice of lesser of 2 evils, must arise natural imminent danger no alternative. D cannot create peril. 

    Modern Law: Specific threat to death and no time to explore other alternatives
  44. Entrapment
    Common Law: Where gov't entices one to commit the crime they wouldn't otherwise commit (subjective)

    Modern Law: The gov't behavior exceeds the fairness and due process (minority)
  45. Duress
    Human force threatening imminent bodily harm to self or others and there is a reasonable belief
  46. Intoxication
    The intentional taking without duress of a substance known to be intoxicating is a partial defense to specific intent crimes.

    The UNINTENTIONAL or TAKING WITH DURESS is a defense of all crimes and strict liability
  47. Insanity
    • M'Naghten Rule
    • Mad Dog Test
    • Durham Test
    • Irresistible Impulse
  48. M'Naghten Rule for Insanity
    a disease of the mind caused by defect of reason such that D lacked the ability at the time of his actions to either:

    • 1. know the wrongful nature of his actions or 
    • 2. understand
  49. Mad Dog Test of Insanity
    • Not used anymore
    • only insane if acting like a rabid dog and foaming at the mouth
    • act of nature
  50. Durham Test for Insanity
    said other tests are too one dimensional

    D is entitled to acquittal if the proof establishes that his crime was the product of a mental disease or defect

    A crime is the product of illness if it would not have been committed but for the disease
  51. Irresistible Impulse (Insanity)
    A person commits a crime that he knows is wrong b/c of of an irresistible impulse to commit the crime
Card Set:
Criminal Law
2013-12-09 23:55:34

crim fall 2013
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