Criminal Law --Issued Based on FYLS Apperances

Murder [Can X be charged with murder?]

Homicide committed with malice aforethought, as evidenced by 

1. An intent to kill

2. An intent to cause serious bodily harm

3. A wanton and willful disregard of human life [depraved or malignant heart] Or

4. An intent to  commit a dangerous felony

Attempt [Can x be charged with attempted [Target Crime]?]

Substantial act towards the perpetration of an intended crime

Homicide - General / Causation [Can X be charged with homicide?]

The killing of one human being by another human being.

Malice Aforethought

1. Mens rea of murder

2. Man endangering state of mind 

3. What specific intents qualify as 'malice aforethought' Common Law

   1. Intent to kill

   2. Intent to cause serious bodily harm

   3. Wanton and willful disregard of human life [depraved or malignant heart] OR

   4. Intent to commit a dangerous felony

Burglary-Common Law [Can Dan be charged with common law burglary?]

Burglary is the breaking[1] and entering[2] of the dwelling[3] house of another[4] in the nighttime[5] with the intent [6]to commit a felony therein

Burglary-Statutory Law [Can Dan be charged with statutory law burglary?]

an unlawful entry into a structure or vehicle with the intent to commit or felony or theft, including petty theft, once inside,

Specific & General Intent

1. General: The act itself is intended, even without a specific outcome in mind.  

2. Specific:  A particular result is intended

Felony Murder [Does the felony murder rule apply?]

If a death occurs during the attempt or commission of a serious felony, is causally related to that felony, and is not a lesser included offense, then the felon can be charged with first degree murder.

Voluntary Manslaughter [Can the murder charge be mitigated?] 

a murder which, because of mitigating circumstances, is trade as less heinous than first or second degree murder 

1. Five traditional mitigating circumstances

   1. Heat of Passion

      1. Adequate provocation which would lead a reasonable person to lose his normal self-control

      2. Why is a reasonable person standard being applied to a decision to kill that obviously isn't reasonable 

      3. The defendant actually lost his self-control [subjective loss of mental equilibrium] and;

      4. There was not enough time for the defendant to cool off between the provocation and the murder 

   2. Imperfect Self-Defense

   3. Mistaken Justification

   4. Coercion

   5. Diminished Capacity

Larceny[Can X be charged with larceny?]

 the trespassory taking[1] and carrying away[2]  of the personal property[3] of another[4] with intent to permanently deprive the owner thereof.[5]

Involuntary Manslaughter

A homicide committed without malice but under circumstances involving EITHER

1. Gross negligence OR 

2. The commission of a crime not covered by the Felony Murder Rule [Misdemeanor Manslaughter Rule]

Robbery [Can X be charged with robbery?] 

Larceny from the person of another by use of violence, force, intimidation, or threat of immediate harm.

Battery (Crime) [Can X be charged with battery?]

The intentional harmful or offensive touching of another. 

First-Degree Murder / Premeditation [Can X be charged with First Degree Murder?]

Murder committed by Posion, torture, lying in wait, or other willful, deliberate and premeditated means or Murder that results from application of the Felony Murder Rule

Conspiracy [Can X be charged with conspiracy?]

two or more persons [1] in an agreement[2] to accomplish a criminal or unlawful act[3] or to do a lawful act by criminal or unlawful means

Assault (Crime) [Can X be charged with assault?]

the intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim

Solicitation [Can X be charged with solicitation?]

when one counsels, incites, solicits, or requests another to commit an unlawful act.

Accomplice Liability

In most jurisdictions, an accomplice is also guilty of all crimes by all accomplices or principals which are in furtherance of the target crime, and if all additional crimes which are a natural or probable consequences of the target crime

1. The target crime 

2. All crimes in furtherance of the target crime and 

3. All crimes which are a natural or probable consequence of the target crime

Pinkerton / Co-Conspirator Liability [Can X be liable for the crimes Y committed under Pinkerton's rule?]

A conspirator can be charged with all his co-conspirator's crimes which are in furtherance of the target crime, or which are the natural and probable consequences of the target crime

Arson Common Law  [Can X be charged with common law arson?]

The malicious burning of the dwelling house of another

Arson Statutory Law  [Can X be charged with statutory law arson?]

Malicious burning of any structure

Räpe [Can X be charged with räpe?]

1. Sexual intercourse with a woman without her consent 

2. however, in many jurisdictions, rape includes sexual intercourse with any person without consent

Kidnapping  [Can X be charged with Kidnapping?]

The movement of a person against his will from one place to another. [Move you]

Merger

1. When all elements of one crime are included within the elements of another crime, the lesser crime merges with the greater and a defendant cannot be convicted of both. 

2. Also applies to solicitation attempt, to prevent a person from being convicted of either of these and of the collected target crime 

3. EXAMPLES

   1. Larceny merges with robbery

   2. Battery merges with homicide 

4. Solicitation always merges with the target crime

Withdrawal from Solicitation

1. Common Law: No effect as to the solicitation but will avoid accomplice liability

2. MPC: Recognized as a defense of "complete and voluntary" abandonment

Withdrawal from Attempt

1. Majority Rule: If the zone of perpetration has been entered, then withdrawal is ineffective as a defense

2. Minority Rule: If the attempted crime is voluntarily and successfully abandoned, then the withdrawal will be an effect defense [MPC]

Withdrawal from Conspiracy

1. Must tell all parties that you are withdrawing for it to be correctly done 

2. May still be charged with conspiracy

Self-Defense [Will self defense be a defense for X?]

A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself.

1. Majority Rule: If the attack is with 'deadly force', then the one attached may defend with 'deadly force' if deemed reasonable under the circumstances

2. Minority Rule: The one attacked must retreat if there is a safe means of doing so, unless the victim of the attack is in his 'castle' [home].

Prevention of Crime [Will Prevention of Crime be a defense for X?]

A person, whether a police officer or private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence

Public Authority [Will Public Authority be a defense for X?]

A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law

1. Think law enforcement for public authority

Mayhem  [Can X be charged with Mayhem?]

The malicious maiming or disfiguring of another 

1. Cutting off fingers

Voluntary Intoxication [Will Voluntary Intoxication be a defense for X?]

1. Voluntary Intoxication

   1. A defendant who is intentionally intoxicated will be ensued for his or her actions only if the intoxication has developed into a permanent mental disorder 

   2. However, voluntary intoxication may mitigate the degree or severity of crime or charge if due to the intoxication, the requisite criminal intent is lacking

Involuntary Intoxication [Will Voluntary Intoxication be a defense for X?]

1. Involuntary Intoxication

   1. If a person is unintentionally intoxicated on alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction or the like, then his or her actions are excused to the same extent as they would if those actions were the result of a mental disorder

Embezzlement [Can X be charged with Embezzlement?] 

1. The fraudulent taking of the personal property of another by one to whom possession has been entrusted 

2. MUST BE ENTRUSTED WITH THE MONEY

Duress 

1. A person may commit an otherwise criminal act if his act was the result of a reasonable fear of immediate death or serious bodily harm and if his fear was induced by a threat made by a third person

2. However this defense will not apply to an intentional killing of another

False Imprisonment [Can X be charged with false imprisonment?]

The intentional confinement of another person against his will

Defense of Property [Will Defense of Property be a defense for X?]

A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser.

Necessity  [Will Necessity be a defense for X?]

1. A person may commit an otherwise criminal act if that person is acting in an emergency situation to protect himself or others from a threatened injury to person or property

2. The person claiming the defense of necessity may act on appearances. A reasonable mistake is permitted.

1. Insanity [Will Insanity be a defense for X?] 

1. The M'Naghten Rule or The Right vs. Wrong Test of Insanity [1] / Insane Delusion

2. The Irresistible Impulse Test [2]

3. The Substantial Capacity Test or Model Penal Code Test [3]

4. The Durham Rule or Product Rule [4]

5. The Diminished Capacity Test or Wells-Gorshen Rule [5] 

The M'Naghten Rule or The Right vs. Wrong Test of Insanity [1]

A defendant is entitled to the define of insanity if he suffers from a mental disease of the mind and does not know what he or she is doing or does not know that what he or she is doing is wrong

1.  Mental Disease of the Mind AND

2.  Does know what he is doing OR Knows what he is doing but does not know it is wrong 

1. A defend is entitled to the defense of insanity if he suffers from an insane delusion AND if the notion embodied in the delusion and believed to be a fact would excuse the defendant has the notion been true

Insane Delusion

An insane delusion is the product of a mental disorder in which the defendant has a false belief in something that would be incredible to others and that belief remains persistent despite proof to the contrary 

The Irresistible Impulse Test [2]

Under the Irresistible Impulse Test, a defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior 

The Substantial Capacity Test or Model Penal Code Test [3]

A defendant is entitled to the defense of insanity if at the time of his conduct, as a result of a mental disease or defect[1], he lacks substantial capacity to appreciate the wrongfulness [2] of his conduct OR the capacity to conform his conduct[3] to the requirement of the law 

The Durham Rule or Product Rule [4]

A defendant is entitled to the defense of insanity if, because of a mental disease or defect, he committed an unlawful act

The Diminished Capacity Test or Wells-Gorshen Rule [5]

Evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation, and malice, although diminished capacity is not a complete defense 

False Pretenses [Can X be charged with False Pretenses?]

Obtaining property by false pretenses is the obtaining of title to the property of another through a false representation of fact with the intent to defraud 

Defense of Others  [Will Defense of Others be a defense for X?]

A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of others 

1. Step in Shoes Jurisdiction: A person is not allowed to use the defense of 'defense of others' unless the person being defended was not the aggressor and had the right to use self-defense 

2. Reasonable Appearances Jurisdiction: A person defending another in good faith and in ignorance of the fact that the person being defender is the aggressor and not entitled to use self defense is justified when acting upon reasonable appearances. Sometimes requires that the person being defended is one whom the defender is authorized by statute to protect

Mistake of Fact  [Will Mistake of Fact be a defense for X?]

1. A mistake of fact will disprove a criminal charge if it is honestly entertained based upon reasonable grounds and is such a nature that the conduct would have been lawful had the fact been as they were supposed to be. 

2. Mistake of Fact = Excuse

Receiving Stolen Property [Can X be charged with Receiving Stolen Propert?]

The acquisition of stolen property with knowledge at the time of receipt that it was stolen, when done with intent to deprive the owner of his or her property 

Infancy  [Will Infancy be a defense for X?]

Under the defense of infancy, a child under the age of 7 does not have the capacity to commit a crime, there is a rebuttable presumption that child aged 7 to 14 does not have the capacity to commit a crime, and a child over the age of 14 has the same capacity to commit a crime that an adult has

1. Age 1-6: Incapable of forming criminal intent

2. Ages 7-14 Rebuttable presumption of incapability of forming criminal intent 

3. Age 15+ same ability to form criminal intent as an adult

Larceny by Trick [Can X be charged with larceny by trick?]

A form of larceny in which the taking of the personal property of another was done with the owner's consent; however the consent was obtained by deceit or fraud 

1. owner's consent

Forgery  [Can X be charged with Forgery?]

The creation of a false document with the intent to deceive

1. Creating or altering a document

2. Intent to defraud 

   1. Example: Altering a check’s amount from $50 to $500

Uttering [Can X be charged with Uttering?]

knowingly passing a forged document as genuine

Mistake of Law [Will Mistake of Law be a defense for X?]

A mistake of law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime 

Entrapment [Can X be charged with Entrapment?]

A person may not convicted of a crime if a law enforcement officer or an agent of an officer

1. 1.Solicited, induced or encouraged the person to commit the crime AND

2. 2. If the person would not otherwise have committed it