Intro to Criminal Law

The Principle of Necessity

Immediate necessity justifies choosing to commit a lesser crime to avoid the harm of the greater crime.

Elements of Necessity

• Identify the evils 

• Rank the evils 

• Choose the lesser evil to avoid the greater evil that's on the verge of happening (imminent). Must reasonably believe that the only choice is to cause the lesser evil 

Consent

Rooted in the high value our society places on personal freedom.

4 Exceptions of Consent

• No serious injuries result from the consensual crime.  

• Injury that happens during a sporting event. 

• Conduct that benefits the consenting person. Such as a doctor performing surgery. 

• The consent is to sexual conduct.

3 additional requirements for Consent

• Voluntary consent

• Knowing consent

• Authorized consent

Insanity

A defense based on defendant mental disease or defect.

4 tests of Insanity

1. M’Nagthen Rule

2. Product - of - Mental - Illness test

3. Irresistible Impulse Test

4. Substantial Capacity Test

John Hinckley

attempted to assassinate President Reagan to catch a girl's attention that he was obsessed with and had a crush on.

Age

1. Under 7 - no criminal capacity to commit crimes. 

2. 7-14 is presumed to have no criminal capacity, but that presumption can be overcome. 

3. Over 14  - same capacity as adults.

Voluntary vs. Involuntary Intoxication

Involuntary intoxication is an excuse for criminal liability in all states. 

Voluntary intoxication is not an excuse.

  Duress

Not responsible because they were threatened with if the crime was not committed

(coercion)

Elements of Duress

• Threats amounting to duress 

• Immediacy of harm 

• Crimes this defense applies to varies 

• Degrees of belief regarding the threat (varies depending on the jurisdiction)

 Oliver/DePasquale case

Ernset Oliver was arrested by 3 policemen who undertook a "decoy operation”

They baited him with $10.

KRL case

The kid who chopped up the fish on the counter for someone to see.

Vicarious Liability

holding someone criminally liable for the conduct of another. 

 when 1 person is liable for someone else crimes 

Complicity

When the defendant’s role in criminal act began

Parties to a Crime

a. Accomplices - Participants before and/or during the commission of crime.

       b. Accessories - participants after the crime had been committed.

      c. Principals - the one who actually commits the object crime.

Accomplices

Rule that conspiracy to commit a crime and the crime itself are 2 separate crimes. 

Accessory

Participants after the crime has been committed are also known as obstruction of justice interfering. A lesser offense known as misdemeanor. 

Inchoate Crimes

Imposing criminal liability for crimes that have not been completed. 

Attempt for Inchoate Crimes

• Intent or purpose to commit a specific crime 

• Act(s) to carry out that intent

Impossibility

a.  legal impossibility:

The defendant intends to commit a crime, does everything he can to complete the crime, but what he intends to do isn’t a crime.  2: Can be a defense to criminal attempts. 3: rationale we don’t want to punish people

b.  factual impossibility:

Intends to commit a crime and takes all the states necessary to complete it but a fact makes it impossible to complete. 2: Not a defense to criminal attempt. 3: Rationale bent on breaking the law to go free due to a stroke of good luck.

Conspiracy

2 or more people coming into agreement to commit a crime.

Elements to Conspiracy

Agreements/Act + Specific Intent

Solicitation

Asking or encouraging another to commit a crime

Elements to Solicition

Actus Reus + Mens Rea

Murder

The killing of a person by another person.

Types of Murders

Willful, deliberate premeditated – intent to kill murders

Felony murders - can be second degree murders

 Second Degree Murder

Developed out of desire to reserve capital punishment for only the most deserving 

Felony Murder

Some states this is a first degree murder. The most serious type of murder. 

Elements to Felony Murder

  1)Third party exception: Victim Expection 

Someone other than the parties of the crime, kills another, the defendant would be liable for any deaths that occur during the commission of a felony.

2)  Resisting-victim exception  

If a death occurs in the course of the victims resisting the attack. The  defendant could be liable for that death.

Manslaughter

The unlawful killing of another that occurs voluntarily due to sudden heat of passion or involuntarily where there was no intent to do any harm.

Voluntary Manslaughter 

Killing could have occurred after a cooling off period.

Adequate provocation

The trigger that sets off the sudden killing of another person. 

4 common law provocations

• Mutual combat (fighting)

• Assault and Battery 

• Trespass 

• Adultery

Involuntary Manslaughter

The killing of another person unintentionally.

 2 types of Involuntary Manslaughter

• Criminal negligence manslaughter 

• Unlawful act manslaughter

M’Nagthen Rule

“ The Right - Wrong Test” - This mental disease or defect caused the defendant to not know either : The nature and quality of their actions, what he/ she was doing wrong, simple awareness.

Product of Mental Illness test

- “The Durham Test” - Acts that are the “products” of mental illness or disease excuse criminal liability.

Irresistible Impulse Test

Volitional Capacity Test - If the defendant knew what he was doing was wrong, was he able to resist the urge to commit the act?  Did the defendant know right from wrong? 

Substantial Capacity Test

A person is not responsible for criminal conduct if at the time of the crime such  conduct as a result of mental disease or defect, he lacks substantial capacity either to 1: appreciate the criminality (wrongfulness) of this conduct. 2: to conform his conduct to the requirements of the law.