Crim Flashcards (Common Topics)

Legal duty to act can be created by …

1. Statute

2. Contract

3. Special Relationship

4. Detrimental Undertaking

5. Causation

Specific Intent Crimes (FIAT)

1. First-Degree Murder

2. Inchoate Crimes

3. Assault w/ Attempt to Commit Battery

4. Theft Crimes

Inchoate Crimes (CAtS)

1. Conspiracy

2. Attempt

3. Solicitation

Malice Crimes

1. Manslaughter

2. Battery

3. Rape

4. Kidnapping

5. False Imprisonment

Require intent to perform an unlawful act.

MPC Levels of Culpability

1. Purposely

2. Willfully/Knowingly

3. Recklessly

4. Negligently

Felony Murder Crimes (BARRK)

1. Battery

2. Arson

3. Rape

4. Robbery

5. Kidnapping

Homicide Issues Checklist

1. MURDER

   1. Common Law

   2. Modern Approach: 1st/2nd Degree

2. Voluntary Manslaughter

3. Involuntary Manslaughter

Common Law Murder

An unlawful killing with malice aforethought

Malice Aforethought

1. Intent to kill

2. Intent to inflict serious bodily harm

3. Reckless indifference (depraved heart)

4. Felony murder

Depraved Heart Murder/Reckless Indifference to Human Life

Defendant must demonstrate reckless indifference to a substantial and unjustifiable risk to human life.
In most jurisdictions, ∆ must actually realize the danger posed by their conduct to be convicted.

Felony Murder

Defendant can be found guilty of murder for an unintentional killing that is proximately caused by or during the commission of an inherently dangerous felony (BARRK).

Agency Theory of Felony Murder (Majority Position)

∆ is not liable for a bystander’s death caused by a felony victim or police officer because neither person is the felon’s agent.

Proximate-Cause Theory of Felony Murder (Minority Position)

Bystander’s death falls under the felony-murder rule because the death is a direct consequence of the felony.

Redline Doctrine (Felony Murder)

A ∆ is generally not guilty of felony murder when a victim or a police officer kills a co-felon, as that killing is considered justified.

First Degree Murder

1. Murder committed with premeditation and deliberation

2. Heinous acts (e.g., bombing or torture)

3. Enumerated felony murder (BARRK)

Premeditation

∆ planned the killing or reflected on the idea of killing—even if only for a brief time

Second Degree Murder

1. Any murder that is not first-degree murder;

2. Committed with necessary malicious intent

Malicious Intent

Intent to kill, intent to do GBI, depraved heart

Voluntary Manslaughter

An intentional killing mitigated by either (1) adequate provocation (heat of passion), or (2) other mitigating factors (e.g., imperfect self-defense

Heat of Passion Voluntary Manslaughter

• ∆ was provoked by a situation (subjective test) that could inflame a reasonable person (objective test).

• If there was enough time for a reasonable person to cool down, then the murder is not mitigated to manslaughter

Transferred Provocation (Heat of Passion)

If ∆, because of a reasonable mistake of fact, errs in identifying provoker or accidentally kills the wrong person, ∆ will be guilty of manslaughter (not murder) if that would have been her crime had she killed the provoker.

Many states reduce murder to voluntary manslaughter when …

1. ∆ contends that the use of deadly force was necessary for self-defense or defense of others, AND

2. ∆ either started the altercation or unreasonably believed in the necessity of using deadly force.

Involuntary Manslaughter

An unintentional killing that:

1. Is caused by criminal negligence (or recklessness under the MPC) OR

2. Occurs during the commission of a criminal act (e.g., misdemeanor manslaughter)

Criminal Negligence (Involuntary Manslaughter)

Grossly negligent conduct (or inaction when there is a duty to act) that puts another at a significant risk of GBI or death.

Misdemeanor Manslaughter Rule

A killing committed in the commission of a malum in se misdemeanor, such as assault or battery.

Other Unlawful Act (Involuntary Manslaughter)

An unintentional killing resulting from a malum prohibitum crime will not lead to an involuntary manslaughter conviction UNLESS the malum prohibitum crime was committed willfully or with criminal negligence.

Battery

The unlawful application of force to another that causes that person bodily harm or constitutes an offensive touching.

Assault

1. An attempt to commit battery, OR

2. Intentionally placing another in apprehension of imminent bodily harm

False Imprisonment

The unlawful confinement of a person without that person’s consent

Mayhem

A common-law felony battery that causes the dismemberment or permanent disfigurement of a person.

Kidnapping

The unlawful confinement of a person against that person’s will coupled with either movement or hiding of the person.

Shopkeeper’s Privilege

A defense to false imprisonment, which allows a person who reasonably believes another person is stealing or attempting to steal property to detain that person in a reasonable manner and for a reasonable amount of time.

Inchoate Crimes

Specific intent crimes for which a person can be held liable even if the intended crime was not completed.

Merger

• Applies to solicitation and attempt (NOT conspiracy)

• ∆ may be tried, but not punished for (1) solicitation and the completed crime, or (2) attempt and the completed crime.

Conspiracy

An agreement between two or more persons to accomplish an unlawful purpose with the specific intent to accomplish that purpose.

Pinkerton Rule

A conspirator is liable for (1) the conspiracy and (2) all substantive crimes committed by co-conspirators acting in furtherance of the conspiracy

Conspiracy Majority View (modern approach & MPC)

• Agreement → Unilateral approach

  • At least one person must specifically intend to enter the agreement (focus is on ∆)

• Overt Act → At least one conspirator must commit an overt act in furtherance of the conspiracy

  • MPC does not require overt act if conspired crime is a felony in 1st or 2nd degree

Conspiracy Minority View (common law)

• Agreement → Bilateral approach

  • Two or more persons must specifically intend to enter the agreement

• No overt act required

COMMON LAW RULE
Defense to Conspiracy: Withdrawal

Withdrawal is not a defense to conspiracy at common law.

MAJORITY RULE & FEDERAL LAW
Defense to Conspiracy: Withdrawal

Withdrawal is permitted before an overt act, but the ∆ must give notice to co-conspirators or timely notify the police

MPC
Defense to Conspiracy: Withdrawal

Withdrawal is possible only if ∆ acts voluntarily to thwart the success of the conspiracy

Attempt

Substantial step toward commission of the crime, WITH specific intent to commit the crime.

• CL (minority rule) uses dangerous-proximity test in lieu of substantial-step test, wherein attempt does not occur unless ∆ comes dangerously close to completing the crime

Defenses to Attempt

Impossibility

Abandonment

Defense to Attempt: Factual Impossibility

No defense when the attempted crime is factually impossible to commit due to circumstances unknown to ∆.

Defense to Attempt: Legal Impossibility

Defense if act intended is not a crime.

Defense to Attempt: Abandonment

• Majority & CL Rule: No defense once ∆ has completed the criminal act

• Minority & MPC Rule: Voluntary abandonment is a defense

Solicitation

1. Enticing, encouraging, requesting, or commanding another person

2. To commit a crime

3. With the intent that the other person commit the crime

Defense to Solicitation: Renunciation

• CL: Renunciation is not a defense

• MPC: Voluntary renunciation may be a defense if ∆ thwarts the commission of the solicited crime.

Four Legal Tests for Insanity

1. M’Naghten

2. Irresistible Impulse

3. Durham

4. MPC

M’Naghten Insanity Test

∆ did not know the nature and quality of the act, or the wrongfulness of the act, because of a defect of reason due to mental disease.

Irresistible Impulse Insanity Test

∆ lacked capacity for self-control and free choice due to a mental disease or defect.

Durham Insanity Test

The unlawful act was the product of the ∆’s mental disease or defect.

MPC Insanity Test

At the time of the conduct, ∆ lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law because of a mental disease or defect.

Larceny

A trespassory taking and carrying away of another’s personal property with the specific intent to permanently deprive the owner of that property.

Larceny by Trick

Larceny accomplished by fraud or deceit that results in the conversion of another’s property.

Robbery

Larceny from the victim’s person or presence by force or intimidation.

Forgery

The making of a false writing of apparent legal significance with the intent to defraud.

Embezzlement

Fraudulent conversion of another’s property by someone in lawful possession of that property.

False Pretenses

Obtaining title to another’s property through that person’s reliance on a representation of a material past or present fact that was known to be false and made with intent to defraud.

Common Law Extortion

The unlawful taking of money by a government officer.

Modern Approach Extortion

The taking of money or property from another by threat

Common Law Burglary

The breaking and entering of another’s dwelling at nighttime with the specific intent to commit a felony therein

Modern Approach Burglary

The entering of another’s dwelling or structure with the specific intent to commit a felony therein

Common Law Arson

The malicious burning of another’s dwelling

MPC Arson

1. Intentionally causing a fire or explosion;

2. To destroy a building or occupied structure; OR

3. Destroying or damaging property to collect insurance on the loss

Possession Offenses

Possession of a prohibited object or substance when ∆ exercises dominion and control over the object or substance—regardless of whether ∆ knows possession is illegal.

Receipt of Stolen Property

Receiving control of stolen property with knowledge that the property is stolen and the intent to permanently deprive the owner of that property

Specific Defenses

1. Self-defense

2. Defense of others

3. Defense of property

4. Right to resist unlawful arrest

5. Duress

6. Necessity

7. Consent

8. Entrapment

Duress - Defense

• Third party made an unlawful threat that caused the defendant to violate the law.

• The defendant’s violation of the law must have been based on a reasonable belief the only way to avoid death or serious bodily injury was to violate the law.

• The defendant’s fear of harm must have been both an actual fear and objectively reasonable.

• Not a defense to intentional murder.

Necessity - Defense

If forces of nature (e.g., storm, fire) caused a defendant to commit an act that would otherwise be a crime, the defendant’s act may be justified based upon necessity.

Entrapment - Defense

• When a government official or agent conceives and plans a criminal offense and then uses trickery, persuasion, or fraud to get a defendant to commit the offense.

• Requires a showing that the defendant would not have committed the offense except for the official’s trickery, persuasion, or fraud → If an officer merely offers an already predisposed person the opportunity to commit a crime, it is not entrapment.

• Can occur through the use of an undercover agent but not by a private citizen