Barbri Criminal Law - General

Criminal Law Checklist

I. Principles of Criminal Law

II. Accomplice Liability

III. Inchoate Offenses

IV. Common Law Crimes

V. Defenses

Principles of Criminal Law

Actus Reus

Mens Rea

Concurrence

Causation

Accomplice Liability

The accomplice must have acted with intent to aid or encourage the principal.

More than One Party

Parties: Principal, Accomplice, Accessory After the Fact

Defense of Withdrawal

Parties

Principal, Accomplice, or Accessory After the fact

Accomplice

With INTENT to commit crime

must ACTIVELY AID, ABET,or COUNSEL PRINCIPAL

mere presence is not enough

Liable for crime itself and all other FORESEEABLE crimes

(absent a statute, MERE KNOWLEDGE that a crime MAY result from aid provided is insufficient for accomplice liability, at least where the aid involves sales of ordinary goods at ordinary prices)

Accessory After the Fact

With Intent to help a felon escape or avoid arrest or trial, receives, relieves, or assists a known felon after the felony has been completed.

Liable for separate crime of "obstructing justice."

Not liable for crimes committed by Principal.

Inchocate Offenses

Solicitation

Conspiracy

Attempt

Solicitation

Asks or requests someone to commit a crime

Conspiracy

An agreement - express or implied - to accomplish some criminal or unlawful purpose, or to accomplish a lawful purpose by unlawful means

an intent to agree with another

An intent to achieve the objective of the agreement

Some overt act in furtherance of objective

Conspiracy Liability

each conspirator is liable for all crimes of other conspirators if FORESEEABLE and in furtherance of the conspiracy

Common Law Crimes Areas

Crimes Against the Person

Crimes Against Personal Property - Theft

Crimes Against Person and Personal Property

Crimes Against Real Property

Crimes Against the Public

Common Law Crimes Against the Person

Homicide

Assault

Battery

Rape

Kidnapping

Mayhem

Homicide Definition

Killing of another human caused by Defendant

Types of Homicide

Murder

Voluntary Manslaughter

Involuntary Manslaughter

Types of Murder

First Degree (malice aforethought) premeditated

Second Degree (everything else)

Voluntary Manslaughter

Involuntary Manslaughter

Murder

Malice Aforethought

Degrees of Murder (first, second)

Malice Aforethought

Intent to Kill

Intent to Commit Serious Bodily Injury

Recklessness - indifference is known, high risk of death, evidencing an abandoned and malignant heart.

Felony Murder Rule

First Degree Murder

Statutory

CL - premeditation and deliberation

inherently dangerous felony under the felony murder rule

Second Degree Murder

Can be statutory

otherwise everything that isn't first degree

Voluntary Manslaughter Elements

An intentional murder can be mitigated to voluntary manslaughter IF:

Adequate Provocation;

Heat of Passion;

Manslaughter could result from imperfect self-defense (unreasonable, but honest belief in need to use deadly force)

Voluntary Manslaughter

Adequate Provocation

Heat of Passion - no cooling time

Manslaughter can result from imperfect self-defense - unreasonable but honest belief in need to use deadly force

Adequate Provocation

Provocative Act must cause both objective and subjective passion and "no cooling off" occurred.

Objective passion - sudden and intense passion causing reasonable person to lose control

Defendant was in fact provoked

Heat of Passion

No cooling off time

Not enough time for a reasonable person to cool off

Defendant did not cool off.

Involuntary Manslaughter Elements

Intent to Inflict slight bodily injury;

Criminal Negligence

"Misdemeanor-Manslaughter" Rule:

Criminal Negligence

Gross deviation from the standard of care of a reasonable person

Form of involuntary manslaughter: Unintended killing caused by the negligence of another.

Criminal negligence requires a greater deviation than the reckless disregard for human life required for malice.

Misdemeanor-Manslaughter Rule

A killing while committing a malum in se misdemeanor (inherently wrongful) as opposed to a malum prohibitum (wrongful only because of statute)

Felony Murder Rule

Killing in the Commission of, or the attempt to commit, an inherently dangerous felony.

During the perpetration: from attempt until felon reaches a place of temporary safety

Inherently Dangerous Felonies: burglary, arson, rape, robbery, and kidnapping. BAARK

Min--> also include nondangerous felonies

Felony must be independent from act that caused death

Proximate Cause: felony must be proximate cause of the homicide (foreseeable result)

Vicarious Liability: no felony murder under Maj. rule if non-felon kills felon (victim or police)

Under Agency theory, defendant not liable when

innocent party kills unless death caused by defendant or his agent

Crimes Against Personal Property

(Theft)

Larceny

Embezzlement

False Pretenses

Receiving Stolen Property

Crimes Against Person and Personal Property

Robbery

Extortion

Crimes Against Real Property

Burglary

Arson

Crimes Against the Public

Forgery

Misprision - ompounding a Felony

Bigamy

Defenses

Self-Defense

Defense of Others

Defense of Property

Insanity

Intoxication

Mistake

Entrapment

Age, Infancy

Duress

Crime Prevention

Insanity

M'naughten

Irresistible Impulse

ALI Substantial Capacity

Durham Product

M'Naghten Test

D, as a result of mental defect, did not know the wrongfulness of his act OR could not understand the nature and quality of his acts

Loss of control because of mental illness is not a defense.

"Does not know right from wrong."

Irresistible Impulse Test

D, as a result of mental defect, was unable to control his conduct or conform his conduct to the law.

"Impulse D cannot resist"

ALI Substantial Capacity Test

D lacked the Substantial Capacity either to appreciate the wrongfulness of his conduct OR to conform his conduct to the requirements of the law.

Combination of M'Naghten and Irresistible Impulse

Durham Product Test

D is not guilty if his crime was the product of a mental disease or defect.

"BUT FOR THE MENTAL ILLNESS, D would not have done the act"

Intoxication

Voluntary

Involuntary

Defense to Conspiracy

WITHDRAWAL

must communicate intent to withdraw to all other conspirators BEFORE the target crime occurs

No withdrawal from liability for conspiracy itself

NO IMPOSSIBILITY

NO MERGER

All conspirators must be acquitted of other crimes for co-conspirator to use defense that principals were not convicted of crime, so they would not be guilty of those crimes. Still guilty of Conspiracy.

Assault Elements

An attempted battery

OR

Intentional Creation of a Reasonable Apprehension of Imminent Bodily Harm

Battery Elements

Unlawful application of force causing harmful or offensive contact of another.

Rape

Unlawful carnal knowledge of a woman by a man, not her husband, without her consent.

Kidnapping

Unlawful Confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place.

Mayhem

Dismemberment or Disablement of a body part

Attempt

Specific Intent to Commit Target Crime

A SUBSTANTIAL STEP (maj) in the direction of the commission of the crime OR come dangerously close (min)

mere preparation is not enough

Transferred Intent does not apply to attempt crimes

Attempt to commit crime defined as negligent or reckless --> can never be attempt. A person cannot intend to be reckless or negligent.

Theft Crimes

Larceny

Embezzlement

False Pretenses

Receiving Stolen Property

Larceny

Trespassory Taking (controlling) and

Carrying Away (asportation)

Of the personal property

Of another (with possession)

With the intent to permanently deprive (at the time of the taking)

Embezzlement

Fraudulent Conversion

Of personal property

of Another

By a person in lawful possession of that property

False Pretenses

Obtaining Title

To the Personal Property of Another

By an INTENTIONAL FALSE STATEMENT of past or existing fact,

With the INTENT to defraud the other

Receiving Stolen Property

Receiving Possession and Control

Of Stolen Personal Property

Known to have been obtained in a manner constituting a criminal offense

By another

with the Intent to Personally deprive

Robbery

Taking

Of personal property of another

from the person's person or presence

by the use of force or fear

with the Intent to permanently deprive

Extortion

CL - corrupt collection of an unlawful fee by an officer under color of office.

Modern - obtaining property by means of threats to do harm or to expose information.

Different from robbery bc in extortion threats may be of future harm and taking need not be in victim's presence.

Burglary

Breaking and Entering (modernly, entry)

if business open, arguable not breaking, entering with permission.

Of a Dwelling (modernly, structure)

Of Another

At nighttime (modernly, goes to degree)

With the Intent to Commit a Felony therein (modernly, adds theft)

Arson

The Malicious (intentional or reckless)

Burning (charring is sufficient)

Of the Dwelling (modernly, structure)

Of Another

Forgery

Making or Altering

A writing with Apparent Legal Significance

Making it False

With Intent to Defraud

Misprision

Compounding a felony

Bigamy

...

Self-Defense

D may use deadly force to protect against an imminent deadly attack.

Deadly force must be REASONABLE and NECESSARY

Duties to Retreat

NO duty to retreat - Defendant need not retreat before using deadly force, unless D is the aggressor and safe retreat is available.

Min. Rule - D must retreat before using deadly force if safe retreat available, unless in his home, a police officer, or victim of violent felony.

D is Initial Aggressor

D cannot assert self-defense as justification unless:

(1) The Defendant Initial Aggressor withdraws

(2) The Defendant initially used non-deadly force and attacker now using deadly force

(3) If retreat is available, the initial aggressor must retreat before using deadly force.

Defense of Others

Defendant can use deadly force if reasonable and necessary to defend another.

Maj - A D may claim defense of others if the V reasonably appears to have the right to use deadly force.

Min - A D steps into the shoes of a person defended.

Defense of Property

Of Dwelling - non deadly force may be used against unlawful entry; deadly force may be used if it becomes self-defense or to prevent felony.

Of Other property - deadly force not an option.

Voluntary Intoxication

Voluntarily and Knowingly consumes an intoxicating substance

Voluntary Intoxication is NO defense to crimes requiring no intent (strict liability), general intent, or malice.

May be defense for Specific Intent Crime - cannot form intent if intoxicated.

Involuntary Intoxication

D involuntarily or unknowingly consumes an intoxicating substance.

Involuntary intoxication is a defense to all crimes if the intoxication renders the D "insane" under the applicable test.

A min. of sates recognized Dim. Cap. defense - Evidence of D's mental defect is admissible to prove the D did not have or could not form the required intent for the crime.

Mistake

Mistake of Fact

Mistake of Law

Mistake of Fact

Reasonable Mistake of Fact: If D makes a reasonable mistake of fact, or is ignorant of a fact that negates the required mental state for the crime, D is not guilty of the crime.

UNreasonable Mistake of Fact: If D is mistaken or ignorant of a fact, but the mistake is unreasonable under the circumstances, then the mistake is a defense only to a specific intent crime

Mistake of Law

A mistake or ignorance of the law is no defense

Entrapment

Defendant must show the criminal plan originated with the government and defendant was not predisposed to commit the crime prior to the contact with the government.

Age, Infancy

Under age 7: No criminal Liability

Between 7 - 14: Rebuttable Presumption of no criminal liability

Over 14: Treated as adult

Duress

D's crime, EXCEPT INTENTIONAL HOMICIDE, is excused if committed under the threat of imminent death or GBI

Under some circumstances, may reduce homicide from murder to manslaughter.

Crime Prevention

a police officer or private person may use deadly force if reasonably necessary to prevent the commission of a dangerous felony or to apprehend a dangerous felon.

Redline Rule

Re: Felony Murder

Majority Rule

Liability for felony murder cannot be based on the death of a co-felon from resistance by victim or police pursuit.

Example Voluntary Intoxication

Gang membered determined needed to avenge shooting of friend. Drank heavily to get courage, went to home of rival gang member, went to shoot, so drunk forgot to take safety off. Did not discharge.

Gave Defense of Voluntary Intoxication. Of what can be charged?

Attempt requires

INTENT to commit target crime + overt act in

furtherance of such intent

Murder = malice crime at CL

Attempted Murder is SI crime

Voluntary Intoxication is a defense to SI crimes, ordinarily will be valid defense to attempted murder charge.

However, one who forms intent and then drinks in order to commit crime, cannot use as defense.

Negates voluntary intoxication defense.

Specific Intent Crimes

Commission of crime with the specific intent or objective.

SOLICITATION: Intent to have person solicited commit the crime

ATTEMPT: Intent to complete the crime

CONSPIRACY: Intent to have the crime completed

FIRST DEGREE PREMEDITATED MURDER: Premeditation

ASSAULT: Intent to commit a battery

LARCENY AND ROBBERY: Intent to permanently deprive the other of his interest in the property taken.

BURGLARY: Intent to commit a felony on the dwelling

FORGERY: Intent to defraud

FLASE PRETENSES: Intent to defraud

EMBEZZLEMENT: Intent to defraud

General Intent Crimes

Commission of crime with awareness of all factors constituting the crime

Defendant is aware they are acting in proscribed way and that any required attendant circumstances exist.

Transferred Intent

If D intends the harm that is actually caused, but to a different victim or object.

Defenses and mitigating circumstances can often be transferred.

Applies to homicide, battery, arson.

Does not apply to attempt.

Person found guilty with transferred intent is usually guilty of 2 crimes: completed crime and attempt against intended victim.

Purposefully

Conscious object is to engage in certain conduct or cause a certain result

Knowingly

Conscious Awareness

Intent

Conscious Purpose

Malice

Conscious Disregard

Withdrawal

A person who effectively withdraws from a crime BEFORE it is committed cannot be held guilty as an accomplice. Withdrawal must occur before the crime becomes unstoppable.

(i) repudiation is sufficient for mere encouragement

(ii) attempt to neutralize is required if participation went beyond mere encouragement.

Notifying police or taking other action to prevent rime is also sufficient.

may eliminate liability for other crimes, but still guilty of conspiracy.

Meger

Solicitation: solicitor cannot be punished for both the solicitation and other offenses.

Conspiracy

Unilateral v. Bilateral Approach

MPC's Unilateral Approach: requires only one party have genuine criminal intent.

D can be convicted of conspiracy where conspires with one person only and the person is a police officer working undercover

CL Bilateral Approach: requires two "guilty minds"

if one person is feigning agreement, not conspiracy.

Wharton's Rule

Where two or more people are necessary for the commission of the substantive offense, there is no crime of conspiracy unless more parties participate in agreement than are necessary for the crime.

Dueling, adultery

ACQUITTAL of Conspirators

Acquittal of ALL persons whom defendant is alleged to have conspired precludes conviction of the remaining defendant.

Acquittal of all show there was no one for D to conspire with.

Factual Impossibility

Not a defense to conspiracy

Not a defense to attempt

Defenses to Attempt

Legal Impossibility

Factual Impossibility

Legal Impossibility and Attempt

if the defendant, having completed all acts that he intended, would have committed no crime, he cannot be guilty of an attempt to do the same if he fails to complete all intended acts.

Defense

Factual Impossibility and Attempt

The substantive crime is incapable of completion due to some physical or factual condition, unknown to the D.

Not a defense.

Abandonment and Attempt

Not a defense at common law.

MPC - is a defense if it is fully voluntary and complete

Intoxication relation to Insanity

Continuous, excessive drinking or drug use may bring on actual insanity and thus a D may be able to claim both an intoxication defense and an insanity defense.

Self-Defense 2

Non Deadly Force: A person without fault may use such force as reasonably appears necessary to protect herself from the imminent use of unlawful force upon herself. There is no duty to retreat.

Deadly Force: A person may use deadly force in self-defense IF: (i) she is without fault, (ii) she is confronted with "unlawful force"; and (iii) she is threatened with imminent death or great bodily harm.

Retreat

There is no duty to retreat before using deadly force.

Min: retreat before using deadly force IF can do so, UNLESS

(i) attack occurs in victim's home (ii) attack occurs while the victim is making a lawful arrest; or (iii) the assailant is in the process of robbing the victim.

Right of Aggressor to Use Self-Defense

May use force in defense of herself ONLY IF:

(i) she effectively withdraws from the altercation and communicates to the other her desire to so do; OR

(ii) victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the intial aggressor has no choice but to withdraw.

CL Criminal Homicide

At common law, criminal homicide is divided into three categories:

Murder

Voluntary Manslaughter

Involuntary Manslaughter

Murder Defined

Unlawful killing of a human being with malice aforethought.

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing and it was committed with one of the 4 states of mind

Voluntary Manslaughter

Voluntary Manslaughter is a killing that would be murder, but for adequate provocation.

Involuntary Manslaughter

A killing is involuntary manslaughter if it was committed with criminal negligence, during the commission of an unlawful act (in some states)

Foreseeability of death may also be requirement.

First Degree Murder

If a defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period, it is first degree murder.

In many states, a killing committed during the commission of an enumerated felony is a felony murder and called first degree.