criminal law 1

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luisb6278
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52515
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criminal law 1
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2010-12-04 17:02:37
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criminal law elements yeager
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rules and elements for crim law 1 yeager
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  1. Involuntary Manslaughter
    • 1. Recklessness
    • 2. caused Death
  2. Double Jeopardy
    • - Rule- DJ violated when remedy sought by prosecution would require a retrial of D.
    • - Prosecution may still appeal acquittals
    • - Decina: P sought re-entry of Decina's trial ct conviction, thus not DJ not violated
    • -Think about in every case
  3. Standard of Review
    • - Standard review for a claim of insufficiency of the evidence is "Plain Error"
    • - If D claims facts not strong enough to support conviction, decision to be reversed based on..
    • - evidence taken in light most favorable to the prosecution, no rational jurur could have convicted the defendend
    • -very hard standard to overcome
    • -only gross plain error.
  4. Specific Intent Crimes

    Elements
    • 1. basic act AND
    • 2. Future act or consequence
  5. Specific Intent Crimes

    Practical consequences
    • - Voluntary Intox IS a defense!
    • - Any belief in inconsistent with an element of the crime will defeat liability
  6. Specific Intent Crimes

    Examples
    • - 1st degree murder
    • - Express Malice 2nd degree murder
    • - burglary
    • - theft
    • - Solicitation
    • - all attempts
    • - Whitfield
  7. General Intent Crimes

    Element
    Basic/blunt act

    (no future contemplated act or consequence beyond)
  8. General Intent Crimes

    Practical Consequences
    • - voluntary intox IS NOT a defense
    • - A belief must be REASONABLE to defeat liability
  9. General Intent Crimes

    examples
    • - Implied Malice 2nd degree murder
    • - involuntary manslaughter
    • - voluntary manslaughter
    • - rape
    • - arson
    • - kidnapping
    • - simple assault
    • - assault with deadly weapon
    • **these are all blunt acts
  10. Human Action
    every action is that is not voluntary, involuntary or mixed is "ordinary" and does not require classification.
  11. Human Action

    Unconsciousness
    • - RULE: unconscious person not acting. but liable via knowledge of risk in proportion to risk that materialized.
    • - Decina- Knew he could have SZ while driving, and that risk could cause a death. (risk proportional)
    • - Cogdon- knew she could sleep walk, but didn't think she would kill in her sleep. (risk not proportional)
  12. Human Action

    Omission
    • -RULE: No criminal responsibility to act UNLESS following elements met..
    • 1. Duty to act
    • 2. breach
    • 3. mental state
    • 4. causation
  13. Human Action

    Omissions

    Situations giving rise to duty to act..
    • - special relationship
    • - contract
    • - Statute
    • - Voluntary Assumption of Care*
    • * Flippo
  14. Ommissions

    types of mental state
    • - Reckless: involuntary manslaughter
    • - intent to kill: murder
    • - malice: murder
  15. Homicide

    First Degree Murder

    2 types
    • 1. 1st Degree Felony Murder
    • 2. Premeditation and deliberation
  16. 1st degree Felony Murder

    Elements
    • 1. Perpetration or attempted perpetration of a numerated felony
    • 2. Death of a victim*
    • * Stamp- death need not be foreseeable (strict liability)
    • * eg. Honeyman - HA death during robbery
  17. 1st degree felony murder

    numerated felonies
    • - Burglary
    • - Arson
    • - Rape
    • - Robbery
    • - Kidnapping
    • - CA: mayhem and train-wrecking
    • - BARRK
  18. 1st degree felony murder

    When felony member commits the murder
    • - all for 1 and 1 for all
    • - Cabaltero - Principle and accomplices are all killers
    • - even if they kill one of their own.
  19. 1st degree felony murder

    when an Innocent does the killing
    • - Perpetration by Means
    • - if malicious felon survives, all share his malice*
    • * Caldwell
    • - if malicious felon dies, then others only guilty of underlying 3.01 offense*
    • * Antick
  20. 1st degree felony Murder

    Perpetration by means explanation
    • - shoot back case: you are responsible for initiating gun fight as principle murderer.
    • - responsible for causing police to shoot, and any resulting deaths
    • - Cervantes- intervening superseding event removed his liability
  21. 1st degree felony murder

    MPC v. CA
    • - both utilize rule for conviction
    • - sentencing differs:
    • *MPC: can only sentence for 1 felony
    • *CA: can sentence for a 3.01 offense AND murder
  22. 1st degree murder

    premeditation and Deliberation explained
    • -1. premeditation - how, when, planning to do it
    • 2. deliberation - weather to do it
    • - Anderson - no planing or motive as manner was violent and random , thus not first degree.
  23. Second degree murder

    3 types
    • 1. Second degree Felony Murder
    • 2. Express Malice Second Degree Murder
    • 3. Implied Malice Second Degree Murder
  24. Second Degree Felony Muder

    Elements
    • - Non BARRK felony
    • - death occurs
    • *need not prove malice
  25. 2nd degree felony murder

    Cannot use this rule if...
    • 1. Offense can be done too easily, and is not inherently dangerous enough
    • *eg. Williams- conspiracy to possess methedrine without a Rx
    • 2. Offense is too dangerous: Purely assaultive.Merger Doctrine
    • *sarun Chun
  26. 2nd degree Felony Murder

    Merger doctrine
    • - The offense must have an independent, non assaultive purpose, or the offense will merge with the killing and felony murder rule will not apply.
    • - eg. Sarun Chun- shooting at an occupied vehicle is very assaultive and dangerous, thus must try for murder, not felony murder.
  27. 2nd degree murder

    Express Malice 2nd degree murder
    • - intentional
    • - death occurs
    • - not premeditated
    • - Anderson -
  28. 2nd degree Murder

    Implied Malice 2nd degree murder
    • - not intentional
    • - death occurs
    • - Extreme Recklessness: high probability that D's actions will cause death.
    • - Watson - driving extremely recklessly while drunk (not a defense) implied malice though not expressed.
  29. Involuntary Manslaughter

    Elements
    • 1. Recklessness (ordinary)
    • * D's actions create a high probability will cause death, but not extreme probability
    • 2. Causes death.
    • - Watson, Decina, Flippo
  30. Voluntary Manslaughter

    2 types
    • 1. Heat of Passion
    • 2. Imperfect Self Defense
    • - RULE: VM negates malice and reduces murder to manslaughter
  31. Voluntary Manslaughter

    Heat of Passion type
    • - combines partial excuse with Justification.
    • - excuse is D's , justification is something victim did.
    • - Spurlin: peggy was provoker and partially to blame, but Scott did not provoke, so murder.
  32. Voluntary Manslaughter

    Heat of passion

    CA v. MPC elements
    • CA elements
    • - 1. must be a provoker
    • - 2. Provoker must be one killed
    • - UNLESS- mistake, accident, victim aiding and abetting killer
    • MPC
    • - Extreme emotional disturbance
    • - no need for CA elements
    • * broad view, lower standard.
  33. Voluntary Manslaughter

    Imperfect Self Defense Type

    Elements
    • 1. D believed deadly force was necessary
    • 2. Deadly force was not necessary AND
    • 3. Belief that DF was necessary was unreasonable
    • - Villanueva - instructions on imperfect self defense must be given sua sponte if evidence exists.
    • ** perfect self defense would be deadly force IS necessary or was reasonable to believe so. Goetz
  34. Voluntary Manslaughter

    Imperfect Self Defense

    CA/MPC and NY views
    • CA/MPC
    • - imperfect SD mitigates murder to manslaughter

    • NY
    • - no middle ground, imperfect SD = murder; perfect = acquittal.
  35. Voluntary Manslaughter

    Imperfect Self Defense Type

    Villanueva analysis
    • - Accident = unintentional = unforeseen incidental
    • - if unforeseeable then reasonable and not negligence
    • - if foreseeable, then unreasonable and guilty of negligence.
    • - like provocation, imperfect self defense mitigates murder to manslaughter in CA/MPC, even for otherwise intentional or extremely reckless killing
  36. Inchoate Criminality

    3 types
    • 1. Attempts
    • 2. Solicitation
    • 3. Conspiracy
    • *SAC
    • *inchoate means undeveloped
    • * must also remember Complicity and Accomplice Liability if more than one person.
  37. Attempt
    • - Bond: look at facts and physical appearance to determine if D had Specific Intent to commit crime
    • - Attempt makes any crime Specific intent
    • - voluntary intox is a defense, any belief inconsistent with elements of crime will defeat liability
    • - Mere preparation not an attempt
    • - MPC - substantial step toward commission (easy)
    • - CA: unambiguous manifestation of intent to commence unless stopped (harder than MPC)
    • * Decker: solicitation + subsequent conduct = attempt
    • - Last proximate act - nothing left to be done
    • * think as sliding scale using "acts"
  38. Attempt

    Mistakes

    Types
    • 1. Legal Impossibility
    • 2. Factual Impossibility
  39. Attempt

    Mistakes

    Legal Impossibility type
    • - if what D was trying to do was legal, then no attempt
    • - "man was never on the thing"
    • - eg. can't attempt poaching alligators, if no law exists prohibiting the killing of alligators.
  40. Attempt

    Mistake

    Factual Impossibility type
    • - a non delusional mistake = attempt; i.e. man tricked by undercover cop, or tried to kill decoy
    • - delusional mistake = no attempt; something wrong with him; i.e delusional beliefs, shot at post thinking it was a man
  41. Attempt

    Punishment

    CA v. MPC
    • CA
    • - 50% off completed offense sentence

    • MPC
    • - 100% of completed offense,
    • - exception: 1st degree felonies
    • * only reduces punishment of attempted serious offenses, like 1st degree murder.
  42. Solicitation

    Elements
    • 1. ask another to commit a crime with
    • 2. Specific intent that person commit the crime
    • * i.e not joking around
  43. Conspiracy

    Elements
    • 1. Agreement by 2 + to commit a crime
    • 2. with Specific intent to commit crime
    • 3. An overt act in furtherance of the agreement
  44. Conspiracy

    Analysis
    • - all members responsible for Natural and Probable Consequences of the conspiracy
    • - Zielesch - killing cop was natural and probable
    • - take your assassin as you find him
  45. Complicity

    Accomplice Liability

    Elements
    • 1. Knowledge
    • 2. Intent
    • 3. Aid or encourage
    • * Beeman: lacked intent
    • * above for 3.01 offense
  46. Complicity

    3.02 offense
    • - excess liability
    • - rear actor vicariously liable for surplus acts that are natural and probable consequences of the 3.01 offense
    • - Prettyman: wife encouraged
  47. Complicity

    Accomplice Liability

    when front actor/principle is off the hook... 2 approaches
    • 1. Hayes Approach:
    • -Accomplice Liability is Derivative.
    • - if front actor excused, then rear is excused
    • 2. Grafting Approach:
    • - Graft front act with rear intent
    • - accomplice needs his own excuse or justification
    • - eg: McCoy: Lakey's conviction stands despite McCoys reversal.

    ***do both approaches on Exam!!!
  48. Inchoate Crimes

    Punishments

    MPC v. CA
    • CA:
    • - Sentencing for Solicitation or Conspiracy AND intended offense
    • - can get sentenced for 2 convictions

    • MPC
    • - Can only sentence for 1 convictions
    • - either Solicitation, Conspiracy OR intended crime. no combo

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