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What are the standard omissions that may give rise to criminal liability?
- 1) A statute imposes a duty to care for another
- 2) One stands in a certain status relationship to another
- 3) One has assumed a contractual duty to care for another
- 4) One has voluntarily assumed the care of another and so secluded the helpless person as to prevent other from rendering aid.
- 5) One created the peril
Types of Possession
Actual --when a person has knowingly physical control
Constructive--when you have effective power of the thing possessed and intent to control it.
Not a defense unless you are so drunk as to have no idea what you are doing (defense to specific intent crimes)
- May be an excuse if it is not f/s and unintended.
- D must (a) not have known the the substance was intoxicating OR (b) consumer it under duress.
Purposely (Elements of Mens Rea)
Conscious objective to cause the result
Knowingly (Mens Rea)
Knowing to a substantial certainty that the harmful result will occur; nearly certain that the conduct will cause the result (might be different from your purpose or goal).
Recklessly (Mens Rea)
Aware of substantial, unjustifiable risk that your conduct will cause the harm and you must consciously disregard the risk.
Negligently (Mens Rea)
Substantial, unjustifiable risk of causing the result, but not aware of the risk of harm.
Strict Liability Offenses
Where there is no requirement of culpable mental state to at least one of the elements (Exp. Statutory Rape, Bigamy, Traffic Offenses)
Requires a particular mens rea above and beyond the particular actus reus. Generally, a crime that requires two intents (i.e., burglary)
Intent simply goes to the actus reus.
- -Intentional, unmitigated killing
- -Intent to inflict serious bodily harm
- -Extreme recklessness with respect to serious risk of harm to human life
- -Causing death while committing certain dangerous crimes
Immediate Flight Factors
- Same location of crime, distance between the two
- Interval of time between the crimes
- Possession of the loot
- Seeking a place to hide but haven't reached it yet
- Whether police are in hot pursuit
- Was totally up to jury to decide
- In Furman v. Georgia the SCOTUS said unguided discretion was unconstitutional.
- DP operated in an arbitrary and capricious way
- Gregg v. GeorgiaConstitutionality of DP will depend upon the "evolving standards of decency of the country"
"good" Death Penalty Statutes
- Bifurcation of Trial (Guilt & Sentencing Phases)
- Balance of Enumerated Aggravating Circumstances
Generally, if each crimes requires proof of an additional fact that the other doesn't then they are separate crimes.
A party to a continuing conspiracy may be responsible when the substantive offense is committed by one of the conspirators in furtherance of the conspiracy even-though he doesn't participate in the offense or have knowledge of it.
Pinkerton Rule Exception
If the crime could not have reasonably been foreseen as a necessary or natural consequence of the unlawful agreement then no liability.
First Degree Murder
Intentional Killing of Another human that is both premeditated and deliberate.
Common Law First Degree Murder Keys
Arson, Robbery, Killing by Poison, Lying in Wait
Second Degree Murder
Spontaneous or purposeful killing that was NOT deliberate or premeditated.
An intentional killing that lacks malice because the killer either acted in the heat of passion after "adequate provocation" of acted in an honest but unreasonable belief that the killing was necessary for self-defense.
Provocations for Vol. Manslaughter in CL
- Witnessing Adultery
- In the Middle of a Sudden Quarrel (Heat of Passion)
A killing committed by being grossly negligent.
When you are aware of a substantial and unjustified homicidal risk, but that awareness is disregarded. Abandoned and Malignant Heart.
Abandoned and Malignant Heart
A heart devoid of social duty and fatally bent on mischief.
Killing that occurs while committing or escaping from a felony. Felony must be inherently dangerous and statutorily defined.
Common Crimes Where Felony Murder Can Attach
Robbery, Rape, Arson, Burglary, Kidnapping, Felonious Escape, Deviant Sexual Intercourse by Force
Person must (1) do something constituting a substantial step toward the commission of the crime with (2) intent to commit the crime.
- Advise, Incite, Counsel, Urge, command someone to commit a felony.
- Elements: (1) Requesting someone to commit a crime with (2) intent that they commit it.
- Agreement between two or more people to break the law.
- Elements: (1) entering into an agreement to commit a crime (2) with intent (purpose) crime be committed (2)overt act in furtherance by one member of the group
Has state of mind, commits the act/omission
Aides, counsels, encourages, the P1 and is present at the time of the crime.
One who aides, counsels, encourages the P but isn't present.
Receives, relieves, comforts, or assists another knowing he has committed a felony for the purpose of helping him escape arrest, trial, or conviction
The unlawful application of force to the person of another resulting in harmful or offensive touching.
- An attempted battery
- Purposeful or intentional creation other than by mere words of a reasonable apprehension (fear) in the mind of the victim of imminent bodily harm.
The (1) unlawful (2) confinement (3) of a person (4) without her valid consent.
To restrain another unlawfully in circumstances exposing her to a risk of serious bodily injury.
The movement or confinement of a person that involves either (1) some movement of the victim OR (2) concealment of the victim in a secret place.
Unlawful, carnal knowledge of a woman, by a man, not her husband, without her consent.
The taking and carrying away of tangible personal property of another by trespass (no consent or authority) with the intent to permanently deprive them of that property (or for an unreasonable time)
Larceny by Trick
Where a victim consents to the defendant's taking possession but the consent has been induced by misrepresentation.
(1) Obtaining title (2) to the property of another (3) by intentional (or knowing) false statement of past or existing fact (4) with intent to defraud the other
Lawful possession but used in a way not authorized. (1) the fraudulent (2) conversion (3) of property (4) of another (5) by a person in lawful possession of that property.
The (1) taking (2) of personal property (3) of another (4) from the other's person or presence (5) by force or intimidation (6) with intent to permanently deprive him of it.
A (1) breaking (2) and entry (3) of a dwelling (4) of another (5) at nighttime (6) by trespass (7) with intent to commit a felony therein.
(1) obtaining property (2) from another (3) by means of certain oral or written threats.