Criminal Law - Final Izvanariu

Depraved Heart - Common Law

Separate killing

Depraved Heart - MPC

Usually 2nd degree murder

Depraved Heart - Elements

D’s conduct

Creates a substantial and unjustified risk to human life

D has a conscious disregard for/indifference to the value of human life

Human being dies as a result

Involuntary Manslaughter

Unintentional homicide committed with criminal negligence or during an unlawful act

Criminal Negligence - Gross Negligence

Action (or inaction) that puts another person at significant risk of serious bodily injury or death

Criminal Negligence - Recklessness

D is aware of a substantial and unjustifiable risk and chose to disregard it consciously

Criminal Negligence - Simple Negligence (minority)

Same as civil negligence

Can an omission be involuntary manslaughter?

Yes it can

Criminal negligence as a form of extreme negligence

Verdict of involuntary manslaughter or depraved heart turns on “conscious disregard”

Presence/absence of subjective awareness of the risk of death

Criminal negligence as ordinary recklessness

Verdict of involuntary manslaughter or depraved heart turns on whether D’s acts/omissions were grossly reckless or just recklessness

Felony Murder

An unintended killing that occurs during the commission or attempted commission of an inherently dangerous felon

Felony Murder - Two Components

Imposes murder liability for any death caused in the attempt, commission, or flight from a felony

Holds accomplices in the felony to be accomplices in the murder

Felony Murder - Malice

Malice is imputed

As long as mens rea for the felony exists, malice is satisfied

Felony Murder - 4 Limitations

Merger doctrine

Inherently dangerous felony rule

Res gestae requirement

Agency rule

Felony Murder - Merger Doctrine

The predicate felony:

Must NOT involve a personal injury

Have a purpose other than inflicting harm

Felony Murder - Inherently Dangerous Rule

Generally, the felony can only e used as the basis of a conviction if the defendant was engaged in a felony that entails a high risk of grievous bodily injury or death

BAARK

Felony Murder - Two approaches for determining “inherently dangerous”

James - Question of Law

Hines - Question of Fact

Felony Murder - Inherently Dangerous James Approach

Look at the felony in the abstract and not looking at facts; only considering expert evidence (question of law)

Felony Murder - Inherently Dangerous Hines Approach

As a felony is committed, is it inherently dangerous (question of fact)

Felony Murder - Res Gestae

In order for the felony murder rule to apply, the homicide must occur a res gestae of underlying felony

Felony Murder - Res Gestae Two Parts

Felony and homicide must be close in time and distance

Causal connection between felon and homicide

Felony Murder - Res Gestae Continuous Action

The felony is one continuous action until they get to a place of temporary safety

Felony Murder - Agency Rule

A person is responsible for their own actions or those who were acting with them and are therefore, the agents

Felony Murder - Agency Rule Split

Majority: Not liable for the death of bystander caused by cop

Minority: Liable for death of a bystander caused by cop

Felony Murder - Defenses

Valid defense to underlying felony

Death occurred after commission and ensuing flight from the scene

Death was not caused by an act made in furtherance of the felony

The felony was not distinct from or independent of the killing itself (merger rule)

Larceny - Elements

Trespassory taking and carrying away

Of tangible personal property

From another with possession

With intent to permanently deprive

Larceny - Trespassory

Non Consensual or without privilege

Larceny - Taking

Caption; asserting control and dominion over property; Satisfied by

Any trespassory removal of the property from the owner’s possession into another’s control

Including if D uses an agent, even unaware, to remove the property from the owner’s possession

Larceny - Carrying away (asportation)

Movement; even minimal or if D causes someone else to do it

A carrying away motion from the point of caption

Larceny - Carrying away within store Split

Any movement within store is larceny

Any movement within store is not larceny

Larceny - Tangible personal property Old CL

Chattel, no pets or services

Larceny - Tangible personal property Modern CL

Personal property, anything that can be moved/not affixed, pets, services, documents and other papers, or utilities

Larceny - From another with possession Old CL

Not larceny to take property hat D jointly owned

Larceny - From another with possession Modern CL

D is not entitled to infringe despite D’s ownership interest

Larceny - Abandoned

In no one’s possession and cannot be taken

Larceny - Lost

Can be taken because the law considers it to be in the “constructive possession” of the owner

Larceny - Intent

To steal

Larceny - Permanently Deprive

When there is an intent to return there is no liability for larceny

D’s believe that they will be able to return the item has to be reasonable

Larceny - Deprive

Looks at the loss to the possessor

Doesn’t matter what D does with the property after

Larceny - 2 Part Mens Rea

Take and carry away (intent to do the act)

Intent to deprive the rightful owner (specific intent)

Larceny by Trick Elements

D obtains custody through deceit

D takes custody with the specific intent to permanently deprive the owner of it

D violates the owner’s (constructive) possession, commits a trespassory taking

Bailor

Person who transfers possession of property but not ownership

Bailee

Person who receives possession of the property but not ownership

Has legal responsibility to take care of the property

Must return the property when the purpose of the bailment is complete

Breaking Bulk

Generally, bailee has possession and may be guilty of embezzlement if they take the property

Where the bailee opens closed containers in which the property has been placed by the bailor

Actual Possession

Physical control of the property to use it in a reasonably restricted manner

Constructive Possession

Not in physical control but retains power to exercise dominion or control over it

Custody

Person has physical custody of the property but access to and/or use of the property is substantially restricted by person in constructive possession

Doctrine of Continuing Trespass

Trespassory nature continues as long as D has the property

Embezzlement - Elements

Intentional conversion of

Property of another

By someone already in lawful possession

Embezzlement - Lawful Possession

D has lawful possession before conversion

D has been entrusted with the property by its owner, owing to a fiduciary relationship with them

Embezzlement - Property of Another

Property can include stocks, bonds, or real

Embezzlement - Conversion

The inappropriate use of property, held pursuant to a trust agreement, which causes a serious interferences with the owner’s rights to the property

Embezzlement - Conversion Examples

Selling, damaging/destroying, unreasonably withholding possession, spending it, giving it as a gift, using it as collateral on a loan, consuming it, donating, discarding

Embezzlement - 2 Part Mens Rea

Intent to do the underlying act

Intend to defraud the owner

False Pretenses - Elements

D knowingly or recklessly makes a false representation of a material present or past fact

With the intent to defraud the victim

Which causes the victim

To pass title

Of their property to the defendant

False Pretenses - 2 Part Mens Rea

Knowingly or recklessly make a false representation

Intent to defraud

False Pretenses - Knowingly or recklessly making a false representation

D must have known (or recklessly disregards) the statement to be false

Willful blindness applies

False Pretenses - Intent to defraud

D must have intended to defraud the victim at the time they made their false statement/representation

False Pretenses - Misrepresentation

Explicit verbal misrepresentation; OR

Reckless disregard as to truth or falsity as well as knowledge or belief of falsity will suffice

False Pretenses - Misrepresentation Recklessness

Concealment
Reinforcing false impressions

Fiduciary relationship

Silence is NOT enough

False Pretenses - Deceived victim passes title to D

Victim must actually be deceived by OR act in reliance on the misrepresentation; AND

Deceit or reliance must be a major factor, or sole cause of victim’s passing of title to D

Robbery - Elements

Trespassory taking and carrying away

Of tangible personal property

Form another with possession

With intent to permanently deprive

Property taken from owner’s presence

By force or intimidation

Robbery - Owner’s presence

Most courts say this is satisfied when victim could have prevented it

Robbery - Force

Physical action needed to overcome victim’s resistance

Sudden snatching is not enough

Robbery - Intimidation

Caused victim to apprehend (understanding not fear) imminent bodily injury or death to victim, close family member, or other person present

Burglary - Old CL Elements

Breaking and entering

Of dwelling of another

At night

With intent to commit a felony therein

Burglary - Consent CL

Defense to the breaking element

Force is not necessary

Burglary - Breaking at Old CL

Opening must be created by D where D has no consent to enter

No violence or physical damage required

Entry must be result of breaking

Burglary - Modern CL Elements

Unlawful entry

Of a building or other structure

With the intent to commit any crime therein

Burglary - Building or Other Structure

Old CL: Dwelling house of another; where people lived

Modern CL: Almost any structure even if not a dwelling

Burglary - Intent to Commit Crime Therein

Old CL: Intent to commit a FELONY therein

Modern CL: All states required D to have an intent to commit some crime (or at least a misdemeanor)

Burglary - Nighttime

Old CL: Required to be at night

Modern CL: Can be at any time

Burglary - Entry

Satisfied when any part of body or object used by D to gain entry crosses into structure; even for a moment

Justification Defenses

Focuses on the correctness of justness of action; D did right

Self-defense, defense of others, defense of habitation, defense of property, necessity

Excuse Defenses

Focuses on the individual D and their conditions

Insanity, diminished capacity, infancy, intoxication

Defenses Categorical Distinction - CL

Justification = complete defense

Excuse = only defense against death penalty

Defenses Categorical Distinction - Modern CL

Both = complete defenses

Accomplices justification = not guilty

Accomplices excuse = guilty

Self-Defense - Elements

Imminence

Necessity

Proportionality

Clean Hands

Self-Defense - Imminence

D must have had honest and reasonable belief that they were threatened with an imminent threat of unlawful force

Self-Defense - Necessity

The force D used was necessary to repel the threat

Self-Defense - Proportionality

The force D used was proportionate to the threatened force

Self-Defense - Clean Hands

D was not the aggressor; aggressors have no privilege to use deadly force

Self-Defense - Deadly Force

Permitted only in response to an imminent threat of death or serious bodily injury; not available to first aggressor

Self-Defense - Duty to Retreat (minority)

Before using deadly force, D must retreat if D knows that they can do so in complete safety

Self-Defense - Castle Doctrine

No duty to retreat if threatened with deadly force in your home

Self-Defense - No duty to retreat and No stand your ground (half)

No duty to retreat before using deadly force and no privilege to use deadly force unless you or another is threatened with death or SBI

Self-Defense - Stand your ground (half)

Defense of self wherever you have the right to be if:

You are attacked OR

Reasonably believe it is necessary to prevent death or SBI to someone

(presumption of threat if intrusion into dwelling; does not apply if engaged in unlawful activity)

Defense of Habitation - Early CL

Anytime someone entered, you could use deadly force

Defense of Habitation - Alternative Approaches

To prevent imminent, unlawful entry where dweller reasonably believes intruder:

Intends to injure dweller/occupants

Intends to commit a felony therein

Intends to commit a forcible felony therein (murder, robbery, burglary, rape, arson)

Defense of Habitation - Elements

Unlawful and forcible entry

By a person not a member of the family or the household

The residential occupant uses deadly force against the victim within the residence

The residential occupant has knowledge of the unlawful and forcible entry

Defense of Habitation - Test for Scope of “Residence”: Reasonable Expectation

A reasonable person’s expectation for protecting from unauthorized intrusions

Open porch doesn’t count

Defense of Property

Can only be non-deadly force

Defense of Property - Elements

Real or personal property

In your possession

Force is reasonably necessary to prevent

Imminent

Unlawful interference

Can use no more force than reasonably necessary to prevent the interference

Defense of Property - Hot Pursuit

Can only use non-deadly force to recover stolen property if acting immediately/in hot pursuit