CRIMINAL Law - Expanded

What two elements do a crime consist of and what do they mean?

Actus Reus which constitutes an affirmative or negative action, and Mens Rea, which constitutes the type of “State of Mind”

What are the 7 instances of omission liability (failure to act liability) to prevent injury or death to a victim?

SS-CAP-LC

SS-CAP-LO
Duty based on:

1) Special Relationship

2) Statute

3) Contract

4) Assumption of Care

5) Peril YOU created

6) Landowner

7) Conduct Control of Others

What is the main difference between the following under the MPC:

PURPOSELY

KNOWINGLY

RECKLESSLY

NEGLIGENTLY

PURPOSELY, KNOWINGLY, RECKLESSLY all are acts a defendants does CONSCIOUSLY BUT:

PURPOSELY: causing the criminal result

KNOWINGLY: aware result is practically certain

RECKLESSLY: aware act creates SUBSTANTIAL & UNJUSTIFIABLE risk result will occur

NEGLIGENTLY simply a creation of an UNREASONABLE risk.

Under Common Law what are the four FELONY categorizations of accomplices? (PPAA)

• Principal in first degree

• Principal in second degree

• Accessory before the fact

• Accessory after the fact

Under Common Law, Accessory after the fact is not recognized for Misdemeanor crimes. What are all parties treated as under accomplice liability?

• Principals

Modernly, are there more than one term for accomplice liability categorization?

• NO, all roles (accessory/principal etc) are considered ACCOMPLIACES

As an Accomplice, what is the SCOPE OF LIABILITY under COMMON LAW vs the MPC?

COMMON LAW: Liability extends to all probable consequences

MPC: Liability limited to intended crimes

How does one effectively withdraw as an accomplice?

1) Must be EFFECTIVELY and TIMELY communicated to all other parties

2) MPC says must also takes steps to prevent commission of crime

SOLICITATION ELEMENTS (There are TWO) and is it specific or general intent?

• Intent to induce another

• To commit a crime

Specific Intent

Can a defendant “Withdraw” from the offense of Solicitation?

NO

Does SOLICITATION MERGE with an ATTEMPT, CONSPIRACY, or TARGET OFFENSE?

YES. But is does NOT merge with Accomplice liability.

What are the elements of ATTEMPT? (There are two) and what type of intent crime is it?

Substantial act, towards perpetration of intended crime

Specific intent - note even if target crime is general intent, in inchoate version is always specific intent

Defenses to Attempt (There are two: W.I.)

WITHDRAWAL: Majority - no effect if zone of perpetration entered
but under MPC - effective if voluntary + successfully abandoned

IMPOSSIBILITY: No defense for factual but traditionally, is a defense for LEGAL impossibility (isn’t actually a crime)

Elements of a Conspiracy (Three elements) A2U and what type of intent crime is it?

Agreement, between 2 or more persons, to commit unlawful act.

Specific Intent

In regards to a CONSPRIACY, what is the PINKERTONS rule?

EACH member of a conspiracy is CHARGEABLE with ALL crimes INFURTHERANCE of, OR, the NATURAL and PROBABLE consequence of the unlawful act

In regards to CONSPIRACY, what is the WHARTON’s rule?

Does the WHARTON’s rule apply to the MPC?

One CANNOT be guilty of target crime, if crime requires TWO parties (dueling, adultery etc)

NO - the MPC abandon’s WHARTON’s rule

Under the Common Law of Homicide, when does the victim need to DIE for Causation?

Within 1 year and 1 day of initial injury under Common law.

What are the elements of MURDER? (There are THREE) UKHM

Unlawful killing, of a human being, with malice aforethought

What does “MALICE” mean in the crime of Murder? (IIWF)

• Intent to kill

• Intent to cause SBH

• Wanton/Reckless Conduct (DEPRAVED HEART)

• Dead during Commission of Dangerous Felony - Felony Murder

What is the felony murder rule and which crimes apply?

BARRM/KSS

Homicide committed in the perpetration of an inherently dangerous OR attempted felony:

BARRM/KSS

• BURGLARY

• ARSON

• RAPE

• ROBBERY

• MAYHEM

• KIDNAPPING

• SODOMY

• SEX MOLESTATION

First degree murder is: S+P&D

SPECIFIC INTENT TO KILL + PREMEDITATION & DELIBERATION or application of felony murder

Under the Felony Murder Rule, if a co-felon is killed by victim/police, is a co-felon guilty for death under:

COMMON LAW?

MAJORITY RULE?

MINORITY RULE?

COMMON LAW? YES

MAJORITY RULE? NO

MINORITY RULE? NO if death brought about by innocent person.

Under the Felony Murder Rule, if an innocent person is killed by victims of the felonies or police, does Felony Murder apply under:

COMMON LAW?

MODERN LAW?

COMMON LAW: YES under proximate cause theory

MODERN LAW: NO unless homicide committed by co-felons or his agent under ACCOMPLICE theory

Define SECOND Degree Murder

All murder, WITH MALICE, but which is not in the first degree

Define the defense of SELF DEFENSE and differentiate the MAJORITY requirement vs the Common Law & Minority requirement in regards to retreat before using deadly force

Definition: Permits defendant to use; amount of force reasonably necessary to prevent an attack

MAJORITY: No need to retreat

COMMON: Must retreat prior

MINORITY: Must retreat prior UNLESS it cannot be done safely or in HOME.

Define Defense of Others and HOW it differs between COMMON LAW, MAJORITY and STEP IN SHOES jurisdiction.

Objectively reasonable belief of threat, to another, of immediate bodily harm, and degree of force is apparently necessary

COMMON LAW: May not defend without special relationship

MAJORITY: Any third person may step in

STEP IN SHOES: Allows reasonable mistake

Can you use Deadly force in Defense of Property?

Modernly, ONLY in HOME and belief that a FELONY or HARM was intended

Can you use Deadly force for Prevention of a Crime under the COMMON LAW and MODERNLY?

COMMON LAW: May be used to prevent perpetration of a felony

MODERNLY: May be used, but limited to present public danger

What are the three excuses to Murder (Three I’s)

INSANITY, INFANCY, INTOXICATION

What are the FOUR Insanity Tests and what differentiates each one?

MN(RW)-II-MPC-DR

M’NAGHTEN (Right/Wrong Test): (MAJORITY) B/C Mental Disease, did not know nature/quality of act

IRRESISTIBLE IMPULSE: INABILITY to control conduct

Model Penal Code: Defendant lacks SUBSTANTIAL CAPACITY to conform OR appreciate wrongfulness

DURHAM Rule: Crime product of mental illness (MINORITY - very easy to meet)

Under INFANCY at COMMON LAW for ALL CRIMES, what are the three age groups and their presumptions regarding guilt?

0-6 :Incapacity to commit crime

7-14: Rebuttable presumption
14+ : Juvenile/Adult

INTOXICATION as a defense has two types. What are they and what are their effects on how their criminal conduct is evaluated?

INVOLUNTARY: Equivalent to mental illness

VOLUNTARY: NO EXCUSE unless specific intent crime involved, may negate intent

What is the definition of VOLUNTARY MANSLAUGHTER?

What are the FIVE instances where VOLUNTARY MANSLAUGHTER can occur? (HIM-CD)

Under the H category above, there must be THREE things to qualify: (P-T-M)

Intentional criminal homicide WITH mitigated malice.

• HEAT OF PASSION

• IMPERFECT SELF DEFENSE

• MISTAKE OF JUSTIFICATION

• COERCION

• DIMINISHED CAPACITY

• Adequate PROVOCATION

• Insufficient TIME

• loss of MENTAL equilibrium

DEFINE INVOLUNTARY MANSLAUGHTER (three categories U-N-I)

Unintentional homicide WITHOUT malice which includes UNLAWFL acts, criminal NEGLIGENCE, and intent to INFLICT non-serious bodily harm.

Define BATTERY

General Intent

HARMFUL or OFFENSIVE touching of another person (General Intent)

Define ASSAULT under COMMON LAW, MODERN LAW, and AGGRAVATED ASSAULT (Modern Law)

Specific Intent

COMMON: Attempted battery but offense was not completed

MODERN: Intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm

MODERN AGGRAVATED: Assault with intent to accomplish a different crime against the person.

Define RAPE MODERNLY and under COMMON law & general or specific intent?

General Intent

COMMON LAW: UNLAWFL CARNAL knowledge (sexual penetration) of a woman against her will.

MODERN: Sexual intercourse, with person not spouse, without consent

Define MAYHEM

Malicious maiming or disfiguring of another

Define FALSE IMPRISONMENT

Unlawful detention or confinement and intent or substantial certainty confinement will result.

MPC requires only knowledge rather than intent.

Define KIDNAPPING

INTENTIONAL and UNLAWFUL movement of another (aggravated false imprisonment)

Define COMMON LAW BURGLARY and BREAKING

Which two crimes do NOT count as a “Felony therein”?

The BREAKING and ENTERING of the dwelling house of another, in the nighttime, with the SPECIFIC INTENT to commit a felony therein (larceny suffices)

BREAKING - Can be constructive (fraud) or any force even unlocked door

Assault/Battery do not qualify as a Felony Therein.

Define STATUTORY BURGLARY?

UNLAWFUL ENTRY, OF STRUCTURE OR VEHICLE, W/ INTENT TO COMMIT FELONY OR THEFT INSIDE

Define ARSON under COMMON LAW and MODERN LAW and is arson specific or general intent crime?

Define MALICIOUS and BURNING

COMMON LAW: The MALICIOUS BURNING of the dwelling house of ANOTHER.

STATUTORY ARSON: The malicious burning of any structure

MALICIOUS: Reckless conduct
BURNING: Charring requires (blackening will not suffice)

General Intent

Define LARCENY (4 elements)

TRESPASSORY TAKING,

CARRYING AWAY,

PERSONAL PROPERTY of ANOTHER,

with INTENT TO PERMANENTLY DEPRIVE

Define EMBEZZLEMENT (Specific or General Intent?)

Discuss the key takeaway of “Entrusted”

FRAUDULENT CONVERSION

OF RIGHTFULLY ENTRUSTED PERSONAL PROPERTY

ENTRUSTMENT only applies to higher-level employees with POSSESSION (embezzlement), whereas minor employees only have custody (larceny). Remember - embezzlement is the crime of possession + misappropriation.

Define Obtaining property by FALSE PRETENSES and what type of intent crime is it?

Specific Intent Crime.

OBTAIN TITLE

VIA FALSE REPRESENTATION

OF PAST OR EXISTING FACT

Note - NOT future fact

Define ROBBERY

LARCENY

from PERSON or IMMEDIATE PRESENCE of VICTIM

via FORCE or FEAR

of VIOLENCE or INTIMIDATION

(MPC does not require presence)

Define RECEIVING STOLEN PROPERTY

RECEIPT OF PROPERTY

(subjective knowledge) KNOWING IT TO BE STOLEN

WITH INTENT TO PERMANENTLY DEPRIVE OWNER

Define FORGERY

The FRAUDULENT

MAKING or

ALTERING

of a WRITING

with INTENT

to DEFRAUD or DECEIVE

Note - document itself must have legal significance and must be false - false statements in a document is not necessarily forgery.

Define UTTERING

OFFERING as GENUINE

INSTRUMENT KNOWN FALSE

with INTENT TO DEFRAUD

Define EXTORTION

Obtaining PROPERTY from another

through COERCION

via THREAT of FUTURE ILLEGAL ACT

Define MISPRISION of a FELONY

CONCEALMENT AND

NONDISCLOSURE

of KNOWN FELONIOUS CONDUCT

of Another

Define COMPOUNDING THE CRIME

ACCEPTANCE OF CONSIDERATION

IN RETURN for AGREEMENT

NOT TO PROSECUTE

Define BREACH OF THE PEACE

ANY WILLFUL ACT

which UNREASONABLY DISTURBS THE PUBLIC PEACE

Define MALICIOUS MISCHIEF

MALICIOUS INFLICTION

of INJURY

upon the PROPERTY of another

Under the DEFENSE of PROPERTY, what are the TWO key requirements as to its use?

• May ONLY USE REASONABLE NON-DEADLY FORCE to prevent the TRESPASS

• MUST WARN FIRST unless FUTILE.

Define the CRIME PREVENTION DEFENSE

Defendant may use NON-DEADLY FORCE which is reasonably necessary to prevent misdemeanor/felony

Define the justification defense of PUBLIC AUTHORITY

Law enforcement may use reasonable non-deadly force

Define the justification of DOMESTIC AUTHORITY

Minor child may be disciplined using reasonable non-deadly force.

Define the JUSTIFICATION of NECESSITY

1. defendant acts to protect himself, others, or property

2. defendant had an objectively reasonable belief that his act was done during an emergency situation

What are the FIVE criminal defenses?

S-O-P-P-P-D-N

SELF Defense

Defense of OTHERS

Defense of PROPERTY

Crime PREVENTION

PUBLIC authority

DOMESTIC authority

NECESSITY

What are the FIVE “Excuses” for criminal conduct?

M-M-D-C-E

MISTAKE of FACT

MISTAKE of LAW

DURESS

CONSENT of victim

ENTRAPMENT

Define Mistake of Fact

Fact that is honestly entertain

Based on reasonable grounds

Conduct would have been lawful HAD the facts been as supposed

• No defense for Strict Liability crimes

Define Mistake of Law

Ignorance of the law

Almost never an excuse

Except rare circumstance where it negates element of a crime

• Under MPC, defense is allowed if D relied upon official interpretation of a law later declared invalid OR if knowledge of legal status is element of the offense

Define DURESS

Person MAY commit criminal act IF

Threat made by 3rd person

Defendant has reasonable fear of

Imminent death or serious bodily harm

N/A to intentional homicide

Define the defense of “Consent of Victim”

Victim had legal capacity to consent,

Consent was voluntary,

Consent was free from gross fraud (puffery is not sufficient)

• NEVER a defense to a felony unless negates element of crime such as rape.

Define ENTRAPMENT and the MAJORITY/FEDERAL view and MINORITY view

May not be convicted of a crime if,

LEO or agent solicited,

induced,

or encouraged person to commit a crime

& person would not otherwise have committed it

MAJORITY: Predisposed to commit crime test (subjective)

MINORITY: Objective test - likelihood to induce commission

NEVER a defense to a serious crime such as HOMICIDE.

Vicarious Liability (Enterprise Liability) in Criminal Law means what?

Enterprise Liability theory holds a corporation responsible for a crime committed by its employee or agent if the employee was acting within the scope of their employment and for the benefit of the corporation