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Murder BREAKFAST and Drugs
- -Murder (Agg. 1, 1, 2, Man 1, Man 2, Vehicular, Abuse, Controlled Sustance)
- -Burglary (1, 2Residential, Vehicular, Crim. Trespass, Comp. Trespass)
- -Robbery (1, 2)
- -Extortion (1, 2)
- -Assault (1, 2, 3, 4, etc)
- -Kidnapping (1, 2, unlawful imprisonment)
- -Arson (1, 2, Reckburn 1, Reckburn 2, Malicious Mischief 1,2,3)
- -Sex Offenses (1, 2, 3, Child, molestation)
- -Theft (1, 2, 3)
- -Drugs (delivery, manufacture, possession)
- Lawful Use of Force
- Diminished Capacity
- Theft occurs when one wrongfully obtains or exerts unauthorized control over the property of services of another with the intent to deprive him of such property or services.
- 1st: exceeding $5,000 in value or when taken from the person.
- 2nd: $750-$5000
- 3rd: up to $750
Individual instances of theft may be aggregated, if part of a common scheme of plan.
- One commits malicious mischief if he knowingly and maliciously causes physical damage to the property of another.
- 1st: exceeding $5,000, or interruption/impairment of public services or safety, efficiency, operation of aircraft
- 2nd: $750-$5,000
- 3rd: up to $750
The intent to promote or facilitate the commission of a crime, the offering to give/giving of money or other value to engage in specific conduct which constitutes a crime.
The intent and agreement to commit a crime and a substantial step taken in furtherance of the agreement by anyone of the conspirators.
One commits forgery when he falsely makes, completes, or alters a written instrument or puts off as a true written instrument one he knows to be forged with the intent to injure or defraud.
CARS: 2 or More Defendants
- Accomplice Liability
- Rendering Criminal Assistance
One is liable as an accomplice if one solicits, commands, encourages, requests, aids, agrees to aid in promoting or facilitating a crime.
Defenses to Accomplice Liability
- -Defendant is victim
- -Termination and Notification
- When one of the participants commits homicide in the course of, furtherance of, or in immediate flight from:
- BAARRRRKK (Burg1, Arson1/2, Rape 1/2, Robbery 1/2, Kidnapping 1/2).
No act committed by a person while in a state of voluntary intoxication will be deemed less criminal by reason of his condition, but whenever the actual existence of any particular mental state is a necessary element to the crime, the fact of his intoxication may be taken into consideration in determining mental state.
Lawful Use of Force
A party about to be injured, or another lawfully aiding him, may use force in preventing or attempting to prevent an offense against his person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his possession, as long as the force is not more than necessary.
- Assault is harmful or offensive contact, or the apprehension of such.
- 1st: with a deadly weapon or force likely to produce great bodily harm or death
- 2nd: intentional assault inflicting substantial bodily harm
- 3rd: criminal negligence causing harm with a weapon or causing substantial pain, or on a cop or official
- 4th: pushing, shoving, kicking, etc.
- Unlawfully taking personal property from the person of another, or in the presence of another, against his will by use of force or threat of immediate force.
- 1st: armed with a deadly weapon, displays what appears to be a firearm, or inflicts bodily injury.
M'Naughten rule: To establish insanity defense, it must be shown by preponderance of the evidence that, at time time of the commission of the offense, as a result of mental disease or defect, the mind of the actor was affected to such an extent that he was unable to perceive the nature and quality of the act with which is he charged or tell right from wrong with reference to that particular act.
The knowing restraining of another person without that person's consent (force, intimidation, deception) and without legal authority in a manner than interferes substantially with his liberty
Rendering Criminal Assistance
A person renders criminal assistance if, with intent to prevent, hinder, or delay the apprehension or prosecution of another person who he knows has committed a crime, he provides that person money, transportation, disguise, other other means of avoiding discovery or apprehension.
Not guilty if one committed a crime under compulsion of another under fear of death or grievous injury to self or another, that fear was reasonable, and the person would not have commited the crime otherwise.
Possession of Stolen Property
Receiving, retaining, possession, concealing, or disposing of stolen property, knowing that it has been stolen.
- Malice: evil intent, wish, or design to vex, annoy, injure
- Intent: purposeful
- Knowledge: awareness of facts and circumstances
- Recklessness: conscious risk-taking, disregarding sucbstantial risk in gross deviation from reasonable person standard of care
- Criminal Negligence: should have known risk
Intent to commit a specific crime and substantial step.
Factual/legal impossiblity no defense.
- Killing a human by act/omission with death occuring at any time.
- 1. Aggravated First Degree
- 2. First Degree
- 3. Second Degree
- 4. Manslaughter 1/2
- 5. Homicide by Abuse
- 6. Vehicular/Watercraft Homicide
- 7. Controlled Substance Homicide
Aggravated First Degree Murder
Premeditated intent and aggravating factors (murder for hire, history of DV, law enforcement official)
First Degree Murder
- 1. Premeditated intent to cause death
- 2. Extreme indifference to human life
- 3. Felony Murder (BAARRRRKK)
Second Degree Murder
- 1. Intent w/o premeditation
- 2. Felony murder (the other felonies)
- First Degree: reckless, knowing disregard
- Second Degree: criminal negligence
- Entering or remaining unlawfully in a building with intent to commit a crime against person/property therein.
- First: Armed with deadly weapon, residential
- Second: in a building (not dwelling)
Unlawful entering/remaining in building (1st) or premises (2nd) without intent to commit a crime.
- Knowingly obtaining or attempting to obtain property/services by threat of force.
- First: threat of future bodily injury, physical damage to property, physical confinement/restraing
- Second: other wrongful threats
- Intentional abduction (restrain by secreting or using deadly force)
- First: intentionally abduct with intent to ransom, facilitate felony, inflict bodily injury or extreme mental distress, or interfere with government function.
- Second: intentional abduction.
Knowingly and maliciously causing fire or explosion.
- First: manifestly dangerous to human life, demages dwelling, a building with people in it, insurance scam (>$10,000)
- Second: damage to other real or personal property
- 1st Rape: sexual intercourse by forcible compulsion & uses/threats of (apparently) deadly weapon, kidnapping, physical injury, felonious entering
- 2nd Rape: forcible compulsion or vulnerable victim
- 3nd: No consent or threat of harm to property rights (marital exception only here)
- Felony: delivery, manufacture, possession with intent to deliver
- -no need to exchange $, sale to someone under 18 results in double punishment
Criminal design initiated by police and D had no predisposition to commit crime
Incidental to and elements of crime
choice of lesser evil
unable to form required mens rea because of mental illness/disorder
- None if
- 18 at time of trial or
- 16/17 and violent offense & criminal history
J court may also decline jurisdiction if in best interest of J or public
Statute of Limitation
- 3 when no one dies
- None if corpse
Obscure Sex Crimes
- Rape of a child (3 degrees: less than 12, 12-14, 14-16)
- Child Molestation (3 degrees)
- Custodial Sexual Misconduct (2 degrees)
- Communication w Minor for Immoral Purposes
- Failure to Register as sex offender
Taking A Motor Vehicle Without Permission
- 1st: (chop shop) intentionally taking or driving away car of another without permission of owner and alters, removes parts, intends to sell, engaged in conspiracy to sell
- 2nd: (joy ride) takes or drives w/o permission or voluntarily rides in car knowing it was stolen
Theft of a motor vehicle or firearm
What it sounds like. Value immaterial.
Possession of stolen property
knowingly possessing stolen property with knowledge that it was stoeln (same degrees as theft)
Lawful Use of Force by Cops
- Must be without malice and good faith belief that killing is justified when suspect threatens officer or committing violent crime and
- arresting dangerous felon
- preventing escape of inmate
- lawful suppression of riot
Lawful use of force by citizens
- Honest and reasonable belief of
- threat of imminent death or great bodily harm
- no duty to retreat
- 1st aggressor loses right to self-defense.