Criminal Law Outline

Mens rea

state of mind

Four levels of intentionality in mens rea

Purposefully, knowing, recklessly, negligently

Purposefully

Conscious object to cause a certain result

Knowingly

practical certainty that D’s conduct will cause a certain result

Recklessly

Conscious disregard of a substantial and unjustifiable risk

Negligently

A normal person would not do that

Strict liability

lower than PRKN, ex. speeding

Special mes rea

Higher than PKRN, requires premeditation, ex. homicide

Defenses to mens rea

Involuntary intoxication, mistake of fact

Voluntary intoxication negates ___ intent, does not negate ___ intent

specific, general

Involuntary intoxication is a __ defense because D cannot form __ mens rea (ex. another person intoxicates you with your consent, or pathological like D takes legal medicine and becomes unexpectedly intoxicated).

complete, requisite

Mistake of fact is a good defense unless there are ___ ___ (ex. age of a child for sexual abuse cases in strict liability_

policy exceptions

Mistake of law is __ a defense to mens rea (ignorantia juris non excusat) with exceptions:

1. Explicitly __ to ignore by __ or

2. Law requires __ of __

not, authorized, authorities, knowledge, illegality

Actus reus

Conduct

Actus reus requires a “__ __ or the __ to perform an act of which he is __ __.” Must have __ control over D’s person

voluntary act, omission, physically capable, volitional

NOT voluntary acts:

1. a __ or convulsion; 

2. a bodily movement during __ or sleep;

3. conduct during __ or resulting from hypnotic suggestion; 

4.  bodily movement that otherwise is not a product of the __ or determination of the actor, either __ or habitual.

reflex, unconsciousness, hypnosis, effort, conscious

Omissions: failure to act is __ a crime (no __ __).

not, actus reus

EXCEPTIONS to omissions:

1. __ relationship (ex. Parent/minor child)

2. __ duty (ex. Hired caregiver)

3. __ + ___

4. Explicit __

Special, contractual, Assumption, seclusion, statute

No crime based merely on __ - need some act (ex. SCOUTS invalidated statute that made it a crime “to be addicted to the use of narcotics” punishing an illness and required no proof of an act)

status

Aggravated assault 

1. P/K/R causes __ __ __ to another or

2. P/K causes __ __ to another with a __ __

serious bodily injury, bodily injury, deadly weapon

Serious bodily injury

1. Substantial risk of __ or

2. __ __ or

3.  Protracted loss of bodily __/__

death, permanent disfigurement, member, organ

Bodily injury

1. Physical __ or

2. __ or

3. __ of condition

pain, Illness, Impairment

Deadly weapon

1. __ (always)

2. Other objects capable of causing __/__ __ injury (animate or inanimate, ex. a dog would be animate)

3. Depending on __ used/intended to be used, __ of death/serious bodily injury 

Firearm, death, serious bodily, manner, capable

Simple assault

1. PKR cause __ __ to another or

2. __ causes bodily injury w/ __ __ to another or

3. by __ __ puts another in fear of __ serious bodily injury 

   1. When no mens rea put in PKR

bodily injury, Negligently, deadly weapon, physical menace, imminent

Need to know to differentiate between simple + aggravated: 

1. Person's __ (PKR)

2. Was there a __ __ involved? 

3. Results/effect: what was the injury? Was it __?

intent, deadly weapon, serious

Recklessly endangering another person (REAP) (gap crime)

1. Recklessly engages in conduct placing another in __ of death or __ __ __

2. Recklessness and danger presumed with pointed __, whether __ or not

danger, serious bodily injury, firearm, loaded

Terroristic threat (pre-crime) = __ to commit crime of __ with purpose to __ another

threatens, violence, terrorize

Theft by unlawful taking = unlawfully takes/exercises __ over __ property of another with __ to __

control, movable, purpose, deprive

Property 

1. "anything of __"

2. "of __" : legal interest/right

3. "__” v. "__"

value, another, movable, immovable

 Deprive

1. __ permanently/time

2. Restore only for __

3. Unlikely to __ 

Withhold, compensation, recover

Claim of right defenses for theft by unlawful taking

1. __ belonged to another

2. __ claim of right

3. Exposed for __ + intent to pay or __ __ owner consents to you taking 

   1. Sounds like mistake of fact

Unaware, Honest, sale, reasonable belief

Theft by deception

1. __ obtains

2. Property

3. Of __ 

4. By __

Purposefully, another, deception

"Deceives" definition

1. False __

2. __ acquiring information

3. Fails to __ false impression

4.  Fails to __ known other __

5. (puffery does not count)

impression, Prevents, correct, disclose, interest

"Obtains" definition

1. For a thing: bring about __

2. For services: secure __

transfer, performance

Theft by receiving stolen property

1.  Purposely

2.  __/__/__

3. Property of another

4. Knowing/believing __

Retains, receives, disposes, stolen

Trespass 

1. __ (mens rea)

2. Not __/licensed

3. Enters/__

4. Building/__ __/separately secured portion

Knowing, privileged, remains, occupied structure

"Occupied structure" definition

1. Adapted for __ __ or __

2. Even if nobody __ at the time

overnight accommodation, business, present

Defenses to trespass

1. __ property

2. __ to public

3. __ __ owner thought it was okay

Abandoned, open, Reasonable belief

Burglary (__ + purpose of __)

1. Enters a building or occupied structure, or separately secured or occupied portion thereof… unless the premises open to the public, or the actor is licensed or privileged to enter +

   1. Take mens rea from trespass (knowing)

2. Purpose to commit a crime therein

   1. Trespass + theft (purpose) = burglary 

   2. Grading increase if night/BI/weapon 

trespass, theft

Robbery (__ + __/terroristic threat)

1. In the __ of committing theft

   1. Attempt

   2. In flight (as long as still running away from the theft and haven't reached a place of safety)

2. __ __ upon another

3. __ __ upon another

4. Commits/threaten F1 or F2

5. Most states: any __ (however slight)

   1. Even grabbing a phone from someone’s hand will likely be a robbery even thought the force is slight.. Whereas if it’s sitting in front of you on your desk it's just a theft 

   2. Ex. purse snatching is a robbery 

6. Some states: "from the __"                                            

   1. Robbery basically = theft + assault/terroristic threat 

   2. Mens rea is purposefully (from theft and assault statutes)

theft, assault, course, Inflicts SBI, Threatens SBI, force, person

Self-defense

American self-defense

1. __ and __ fear

2. Of __/__ harm

3. Can use __ force

4. Not __ aggression

• Self-defense back in play (but limited to only some states):

1. If initial aggressor withdraws

2. If other person escalates

(retreat may be a factor, not required element)

Reasonable, actual, imminent, immediate, proportional, initial

Imperfect self-defense (one element of self-defense missing:)

1. Actual fear, but not __

2. Initial aggressor, but not __ 

3. __ force

a. Narrow: only applies to __, only reduces to __, not acquittal 

reasonable, deadly, Non-proportional, murder, manslaughter

Battered defendants

• Most common use: domestic abuse, __ defense

• Bechtel " ___ "in the circumstances and from the viewpoint of the defendant"

• ___ harm ("now") because always +

  • IRL: (1) proof of abuse & (2) at least one prior incident would have justified deadly force at the time

 

COMPLETE, reasonable, Imminent

Defense of property 

1. ​​If present, may use __ __ to defend home (Castle doctrine)

2. No deadly force to defend other __ (people > stuff)

deadly force, property