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

Goals of criminal law (4)

1. deterrence (specific and general)

2. rehabilitation

3. retribution

4. incapacitation

illegitimate purposes of criminal law (5)

1. economic

2. gender

3. race

4. intersectionality

5. oppressor v. oppressed

inchoate crimes = in ___ or ___ of other act/__

formation, preparation, crime

Four categories of inchoate crimes

1. attempt

2. solicitation

3. conspiracy

4. accomplice

Attempt

• Mens rea = ___ __ __ __ __ __

• Actus reus = “__ ___”

• Attempt is an independent crime - attempt to commit a specific crime unless it’s already part of a statute

mens rea of the planned crime, substantial step

Attempt defenses =

• __ and __ __ is an affirmative defense where D's conduct would otherwise constitute an attempt

• __ __ not a defense

• __ __ is a valid defense

Complete, voluntary renunciation, Factual impossibility, Legal impossibility

Solicitation

Mens rea = with ___ of ___ or ___ a crime

purpose, promoting, facilitating

Solicitation

Actus reus =

i. __/encourages/__

ii. Another person

iii. To engage in __ __ constituting a __

Commands, requests, specific conduct, crime

Solicitation is an ___ crime - the request crime can be complete or not

independent

Solicitation defense

- Renunciation

○ __ and __ and

○ __ crime OR __ the other person not to act

- Impossibility (same as attempt)

○ __ __ not a defense

○ __ __ is a valid defense 

Complete, voluntary, prevent, persuade, factual impossibility, legal impossibility

Conspiracy

Mens rea = __ to __ to commit a crime and that the crime __ __

purpose, agree, be committed

- Actus reus =

i. __ to commit crime

ii. With __ __ ___ other people

iii. __ __ in ___ of the conspiracy

Agreement, one or more, Overt act, furtherance

Conspiracy breakdown 

- Agreement to commit a crime

○ Agreement does not have to be __ (verbal nor written)

○ Can be found by __ alone

○ Can be found by __ evidence

- Overt act 

○ Beyond "mere __"

○ In furtherance of crime

○ Overt act by __ completes crime (not everyone needs to know)

○ If instructed correctly, up to jury to decide what constitutes an overt act (fact-dependent)

express, conduct, circumstantial, planning, one

MAJORITY RULE --> conspiracy does not __ into __ crime (individual crime)

○ Target crime can be complete or not 

merge, complete

Culpability (Pinkerton doctrine)

○ All co-conspirators are liable for all acts of other co-conspirators IF:

§ Acts were in __ of the conspiracy, and

§ Acts were __ __

□ Actors do not need to know who all is in conspiracy - still guilty

□ Actors do not need to be __ of all acts - still guilty

□ Everybody is liable to everything

furtherance, reasonably foreseeable, aware

Conspiracy defenses

- Renunciation

i. __ conspiracy formed

ii. Complete and voluntary

iii. __ offense

iv. Inform __ __

1) Not anonymous

- Factual and legal impossibilities (Same as attempt)

○ Factual impossibility NOT a defense

§ Can 1 person conspire with policy/agent/undercover/confidential informant?

□ Majority: no defense (__ conspiracy)

- Only 1 person needs to believe conspiracy exists

□ Minority (DOJ): yes defense (__ requirement)

- Need both parties to agree

- Entrapment not okay 

○ Legal impossibility is a valid defense 

§ Wharton's rule: NO conspiracy for crimes that require at least __ __ to commit

□ Ex. Bribery, single buyer-seller contraband transaction, dueling 

After, Thwart, authority fully, unilateral, bilateral, two people

Accomplice 

- Mens rea: with the __ of __ or __ the __ of the offense

1. Purpose of promoting = intent to assist

2. Purpose of commission of the offense = intent for crime

purpose, promoting, facilitating, commission

Accomplice Actus reus, 3 different ways you can be an accomplice

1. __ other person, or

2. __/agree or attempt to aid

3. __ __ to prevent + fails

Solicits, Aids, Legal duty

Accomplice elements (use this one for essay)

1. Main rule: __ to __ crime

2. Aids/__/helps

3. __ person

4. __ crime

Purpose, aid, assists, another, commit

An accomplice can be convicted upon proof of commissions of the offense and his/her complicity even though the actual offender…

○ Is __ __; or

○ Is convicted of a different offense or degree of offense; or

○ Has immunity to prosecution; or

○ Has been acquitted

- Accomplice is __ separate crime (like the way conspiracy is); it is part of the charge (e.g. You would get charged with robbery)

not prosecuted, NOT

Accomplice AFTER THE FACT (exception)

○ IS a __ crime

○ __ __ of other crime

`○ E.g. helped someone get away with something afterwards, not as bad as carrying out the actual crime 

separate, NOT guilty

Accomplice defenses

1. Mere __ 

i. not enough to establish accomplice liability

ii. being in same vicinity does not mean had intent to aid crime

2. No ___ of crime

3. Renunciation 

i. Terminates complicity (complete and voluntary) +

ii. __ crime OR timely warning to __ 

4. __ 

presence, knowledge, Thwarts, police, Impossibility

Accomplice vs. conspiracy

○ Conspiracy always includes accomplice conduct

○ Hard to have __ liability without conspiracy, except for after the fact

○ May have __ issues for conspiracy agreement, so charge accomplice 

accomplice, proof

Rape

Mens rea: __ ___ to sex (only applies to __ __ of sex)

○ Rationale: if mens rea applied to consent →  people would claim no intent to nonconsensual sex or claim voluntary intoxication; defenses are NOT available with general intent

general intent, physical act

Rape actus reus

○ Sex +

○ ___ ___ and/or

○ Lack of ___ and/or

○ ___/___; or

○ ___ of consent

another person, consent, force, fear, incapable

Rape Definitions

• Sexual act:

  • any __ (however slight); no ejaculation required 

  • Modern view: any vaginal/anal/oral penetration by any body part or object 

• Other person: modern view is __ neutral (includes spouses)

  • Traditional view is male defendants and female victims

• Inability consent

  • __ 

  • ___ disability 

  • ___ disability 

• ___ is an affirmative defense → consensual sex is not illegal

penetration, gender, Unconscious, Mental, Physical, Consent

Statutory Rape 

• Mens Rea: general intent for sex 

• Actus Reus: sex + __ (usually under 16) 

  • Minors ___ legally consent 

  • Mistake of __ as to age is NOT a defense 

• Romeo and Juliet statutes: exception if couple is within ___ years of age and within the cut off, which varies (17-14; 18-14; 19-15)

age, CANNOT, fact, 4

 Illegal possession of firearms 

○ MR: __ violates §922(g)

§ Knowingly (1) __ and (2) prior __

□ Rehaif does not apply knowingly to interstate commerce (ISC)

knowingly, possess, felony

Illegal firearm possession actus reus

1. Felon: __ __ for the crime punishable by imprisonment exceeding one year

2. __ of firearm

3. ___/foreign commerce 

prior conviction, Possession, interstate

• Firearm = any __ that does/designed/can be adapted to __ __ by action of explosive (including starter gun) 

  • Frame or receiver of any such weapon 

  • Muffler or silencer 

  • Destructive device = explosive items; items that can be adapted to expel projectiles 

  • NOT including antique firearms 

weapon_, expel projectile

Constructive possession

• Constructive possession applies to guns AND drugs (and other crimes) 

• Rules from Thompson v. Skipper 

• Constructive possession = __ has the power and intention at a given time to exercise __ or __ over it

  • Proximity alone __ establish constructive possession or a gun 

  • Proximity to the article together with indica of __ 

  • Proximity + evidence of some other __ 

knowingly, dominion, control, cannot, control, factor

Illegal drugs

• Possession: 21 USC § 844(a) 

1. Knowing or intentional 

2. Possession (actual or constructive)

3. Controlled substance 

• Dealing: 21 USC § 841(a)

1. knowing/intentional 

2. Distribute or PWID (possession with intent to distribute) or manufacture 

3. Controlled substance 

Majority rule: knowledge of __ __ of __ drug is sufficient

some type, illegal

Possession with intent to distribute

1.  Threshold of __ (provides certainty)

2. Totality of __ (Fact based)

○ What is there? Quantity, packaging material, money, guns, phone records, etc.

○ What is not there? User paraphernalia

quantities, circumstances

Murder = intentional ___ + ___ +

1. Pre-meditated

2. Not pre-mediated

killing, malice

Felony murder = killing __ __ of specified __

• Engaged in dangerous activity and someone got killed

during course, felony

Manslaughter = __ killing

reckless

Degrees of murder

• Capital murder = __ __ (49 states mean seeking death penalty, in Texas means they qualify for death penalty)

• First degree = __

• Second/third degree = felony murder or __-___ (states differ)

death penalty, premeditated, non-premeditated

Murder mens rea (conceptual)

1. ___ murder

2. Non-premeditated, but murder

3. Dangerous felony + killing: __ ___

4. Reckless killing: ___

5. ___

Premeditated, felony murder, manslaughter, negligent

Actus reus

• __ ___ __ ___

• Same for murder and manslaughter

• Usually straightforward

Caused death of another

Premeditated murder (first degree)

1. Caused ___ of another

2. ___ + with ___

3. ___

   1. Majority rule: can be formed in an ___/moment

   2. Minority: Requires substantial ___

death, Intentional, malice, Premeditated, instant, deliberation

Non-premeditated murder (second/third degree)

1. Caused death of another

2. Intentional + malice

3. Not __ OR __ __ to __ __

   1. Not premeditated

   2. Extreme indifference to human life

premeditated, extreme indifference, human life