General Criminal Law Rules & Homicide

What about MPC homicide crimes?

How many specific intent crimes are there?

11

What are the specific intent crimes? What is a mnemonic?

(1) attempt;

(2) solicitation;

(3) conspiracy;

(4) first degree premeditated murder;

(5) larceny

(6) robbery

(7) burglary

(8) assault

(9) forgery

(10) false pretenses

(11) embezzlement

7 + FAFE

What crimes are general intent crimes?

(1) battery;

(2) rape;

(3) kidnapping;

(4) false imprisonment

What crimes require malice?

(1) common law murder;

(2) arson

What crimes are strict liability?

(1) statutory rape;

(2) selling liquor to minors;

(3) bigamy (some jdxs)

How is specific intent defined?

Intent to engage in the prescribed conduct.

How is general intent defined?

Defendant is aware that he is: (1) acting in the prescribed manner; and (2) any attendant circumstances required by the crime are present.

How is malice defined?

Reckless disregard for an obvious or high risk that a harmful result will occur.

What are the four MPC states of mind?

(1) purposefully;

(2) knowingly;

(3) recklessly; and

(4) negligently

How is MPC purposefully defined?

Conscious object to engage in the proscribed conduct or cause a certain result.

How is MPC knowingly defined?

Awareness that their conduct will necessarily or very likely cause a particular result.

How is MPC recklessly defined?

(1) Consciously disregarding a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow; and

(2) disregard is a gross deviation from the reasonable person standard.

How is MPC negligently defined?

(1) Failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow; and

(2) a substantial deviation from the standard of care to avoid very unreasonable risks.

What view should you follow on the bar exam?

Follow the generally accepted view unless told otherwise.

When does a court have jdx over a crime?

(1) where any act constituting an element of the offense was committed; OR

(2) where an act outside the state caused a result in the state

How does double jeopardy apply to lesser included offenses?

Double jeopardy prohibits the trial of a person for a lesser included offense if they have been put in jeopardy for a greater offense.

What is a felony?

A felony is punishable by death or imprisonment of more than one year. All other crimes are considered misdemeanors.

What are the basic elements of a crime?

(1) actus reus;

(2) mens reus; and

(3) a concurrence of the act and mental state.

(Note: Some crimes also require proof of causation).

What constitutes actus reus (a physical act)? What does not?

A defendant must engage in a voluntary physical act or fail to act under a legal duty. Unsatisfactory acts include: (1) conduct that is not a product of one’s own volition; (2) a reflexive or convulsive act; or (3) an act performed while unconscious or asleep.

When can a legal duty to act typically arise?

(1) statute;

(2) contract;

(3) special relationships (e.g., parent-child);

(4) voluntary assumption of care; or

(5) creating the victim’s peril.

What state of mind is required for a strict liability crime?

None, defendant may be found guilty from the mere fact that the crime was committed.

What types of crimes is vicarious liability generally limited to?

Generally, vicarious liability is limited to regulatory crimes and punishments for fines.

What is a corporation’s enterprise liability for crimes committed by an agent?

At common law, a corporation cannot be charged with a crime. Under modern statutes, corporations may be held liable for a criminal act performed by: (1) an agent of the corporation acting within the scope of their office or employment; OR (2) a corporate agent high enough in hierarchy to presume their acts reflect corporate policy.

What crimes does the doctrine of transferred intent apply to?

(1) battery;

(2) homicide; and

(3) arson

(NOTE: Does not apply to attempt)

If transferred intent is applied, what crime is the defendant usually guilty of?

(1) attempt of the crime against the intended victim; and

(2) the actual crime against the transferred victim.

What is required for the concurrence of the actus and mens rea requirement?

The defendant must have had the intent at the time he committed the act, and the intent must have prompted the act.

What is required if causation is required in the crime?

Both factual and proximate cause.

What types of homicide crimes are there at common law?

(1) murder;

(2) voluntary manslaughter;

(3) involuntary manslaughter;

What are the elements of all homicide crimes?

(1) actus reus;

(2) mens reus;

(3) concurrence of actus reus and mens reus; and

(4) factual and proximate causation.

What are the elements of common law murder?

(1) unlawful killing;

(2) of a human being;

(3) with malice aforethought;

What is required to show malice aforethought?

Malice forethought a killing committed with any of the following states of mind: (1) intent to kill; (2) intent to commit great bodily harm; (3) reckless indifference to an unjustifiably high risk to human life; or (4) felony murder.

When can intent to kill be inferred?

From the defendant’s use of a deadly weapon.

Murder is usually divided into what two categories by statute?

(1) first degree murder; or

(2) second degree murder.

What constitutes first degree murder?

(1) killing with deliberation and premeditation; or

(2) felony murder

What constitutes second degree murder?

(1) depraved heart killings; or

(2) all other killing that are not classified as first degree murders.

What is felony murder?

Felony murder is a foreseeable killing that is committed during the commission of or attempt of a felony.

What are the most commonly tested felonies?

BARRK

(1) burglary;

(2) arson;

(3) rape;

(4) robbery;

(5) kidnapping.

What is a defense exclusive to felony murder?

A defense that negates the underlying felony will also be a defense to felony murder.

Can the defendant be convicted of felony murder if death occurred after the felony ended?

No, the death must have occurred before the defendant reached a place of temporary safety.

Can defendant be liable for felony murder when the death is to a co-felon?

Under the majority rule, a defendant cannot be liable for felony murder when a co-felon is killed as a result of resistance from the victim or the police.

Can defendant be convicted of felony murder if the killing was committed by someone other than him or a co-felon?

Under the proximate cause theory, felons are liable for the deaths of innocent victims caused by someone other than a co-felon. Under the agency theory, the killing must be committed by a felon or their agent unless the victim was used as a shield or forced by the felon to occupy a dangerous place.

What must be shown for voluntary manslaughter?

Voluntary manslaughter is a killing that would be murder but is reduced for the existence of adequate provocation.

When is provocation adequate?

(1) it would arouse sudden and intense passion that would cause a reasonable person to lose control;

(2) defendant was in fact provoked;

(3) not enough time for a reasonable person to cool off; and

(4) defendant did not cool off.

What is the Imperfect Self-Defense doctrine?

Some states reduce killings from murder to manslaughter where the defendant unreasonably but honestly believed that they had the right to use deadly force in self-defense.

What is involuntary manslaughter?

(1) killing done with criminal negligence; or

(2) In some states, killing done during the commission of a misdemeanor

What if the victim was going to die anyways for another reason?

It does not matter, an act that speeds up an inevitable result is still the legal cause.

What is the Year and Day limitation?

At common law, the defendant will not be liable for homicide unless the victim dies within one year and a day of the injury. Most states have abolished this rule.

What are not considered intervening acts?

(1) negligent medical care;

(2) victim’s refusal of medical care for religious reasons.