Criminal Law

Specific Intent Crimes

solicitation, attempt, conspiracy, first degree murder, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement

General Intent Crimes

Battery, Rape, Kidnapping, False Imprisonment

Malice Crimes

Common law murder, arson

strict liability crimes

statutory rape, selling liquor to minors, bigamy (some jdx)

What is specific intent mens rea?

intent to engage in proscribed conduct

what is general intent mens rea

awareness of acting in proscribed manner

what is malice mens rea

reckless disregard of a known risk

what is strict liability mens rea

conscious commission of proscribed activities

What are common law mens rea categories?

specific intent, general intent, malice, strict liability

what are MPC mens rea categories?

purposely, knowingly, recklessly, negligently

what is purposely mens rea?

conscious object to engage in proscribed conduct

what is knowingly mens rea?

awareness that conduct is of a particular nature or will cause a particular result

what is recklessly mens rea

consciously disregarding a substantial and unjustifiable risk

what is negligence mens rea?

failure to be aware of a substantial and unjustifiable risk

What are incohate crimes?

solicitation, conspiracy, attempt

what are the habitation property crimes?

burglary and arson

what are the personal property (property) crimes

larceny, embezzlement, false pretenses, and robbery

what are the crimes against persons?

murder, manslaughter, felony murder, battery, assault, false imprisonment, kidnapping, and rape

What is solicitation definition?

it is culpable conduct for soliciting of another to commit a crime.

what is the mental state for solicitation?

specific intent that person solicited commit the crime

is an overt act required for solicitation

no act other than solicitation is needed

What incohate crimes merge into the substantive offense

solicitation, attempt

Can you withdraw from solicitation

generally no

What is conspiracy?

it is culpable conduct that is an agreement between two or more people to commit a crime

What is the mental state for conspiracy

specific intent to 1 enter into agreement and 2 achieve the objective

what overt act is required for conspiracy

under the MPC an act in furtherance of the conspiracy, but no act is required under common law

Can you withdraw from conspiracy

no, except for further crimes committed by co-conspirators

What is the crime of attempt

culpable conduct that performance of an act would be a crime if successful

what is the mental state for attempt

specific intent to commit the particular crime attempted

what is the overt act required for attempt

MPC is the substantial step test; traditional rule is an act dangerously close to success

Can you withdraw from an attempt

generally no

What is Larceny

the taking and carrying away of tangible personal property of another with possession by trespass with intent to permanently deprive the person of their interest in the property. title does not pass

What is embezzlement

Fraudulent conversion of property of another by a person in lawful possession of that property with the intent to defraud, and title does not pass

what is false pretenses

obtaining title to property by an intentional false statement with intent to defraud another.

what is Robbery

the taking of personal property from another’s presence by force or threat of force with the intent to steal, and title does not pass

What is insanity a defense to

all crimes

what is voluntary intoxication a defense to

specific intent crimes if intoxication prevents formation of required intent

what is involuntary intoxication a defense to

treated as mental illness, apply the correct insanity tests, and may be a defense to all crimes

what is infancy a defense to

common law: underage is 7 and absolute defense to all crimes; under 14 a rebuttable presumption of defense. Under Modern statutes it is a defense to adult crimes, but you still may be delinquent

what is diminished capacity a defense to

in most states with this defense it is limited to specific intent crimes

What is voluntary intoxication definition

voluntarily, intentionally taking a substance known to be intoxicating

what is involuntary intoxication definition

taking an intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice

what are the ages for infancy

Common law under 7 or under 14; modern statutes under 13 or 14

What is the diminished capacity definition

as a result of mental defect short of insanity, defendant did not have the required mental state to commit the crime

When is nondeadly self defense allowed

if a person reasonably believes force is necessary to protect self

when is deadly self defense allowed

only if a person reasonably believes that he is threatened with death or great bodily harm

what is nondeadly defense of others

person reasonably believes force is necessary to protect another person

what is deadly defense of others

only if person reasonably believes that other is threatened with death or great bodily harm

what is nondeadly defense of dwelling

person reasonably belives force is necessary to prevent or end unlawful entry

what is deadly defense of dwelling

only if person inside reasonably believes he is threatened or to prevent felony inside

when is defense of other property allowed and definition

deadly force never allowed, nondeadly force if person reasonably believes force is necessary to defend property in his possession (but if request to desist would suffice, force isn’t allowed)

nondeadly force crime prevention

if person reasonably believes force is necessary to prevent felony or serious breach of peace

deadly crime prevention force

only to extent person reasonably believes deadly force is necessary to prevent or end felonly risking human life

Nondeadly effectuate arrest (police)

if officer reasonably believes force is necessary to arrest

deadly effectuate arrest (police)

only to prevent escape of felon, and police reasonably believes that the suspect threatens death or great bodily harm

nondeadly effectuate arrest (private person)

if crime in fact committed and reasonable belief that this person committed it

deadly effectuate arrest (private person)

only to prevent escape of person who actually committed felony, and person reasonably believes that the suspect threatens death or great bodily harm

Resisting arrest

nondeadly if improper arrest; deadly only if improper arrest and defendant doesn’t know arrester is police

Necessity

deadly force never allowed, nondeadly force if reasonably necessary to avoid greater harm

What are the exculpatory defenses

justification, duress, mistake of fact, mistake of law, consent, entrapment

what is a justification defense

self defense, others, property, necessity.

when is justification defense applicable and available

usually crimes of force, and nondeadly force may usually be used if reasonably necessary to avoid imminent injury or to retain property; deadly force only to prevent serious bodily harm

what crimes are duress applicable to

all crimes except intentional homicide

when can you use the duress defense

when D reasonably believed that another would imminently harm him or a family member if he didn’t commit the crime

when crimes is mistake of fact applicable to

to crimes with a mental state requirement, all crimes except strict liability

when is mistake of fact available

for specific intent crimes, any mistake that negates intent; for other crimes, only reasonable mistakes

What crimes are mistake of law applicable to

crimes with mental state element and statutory crimes

When is mistake of law available

it must negate awareness of some aspect of law regarding the elements of the crime required or must be due to the statute not being reasonably available, reasonable reliance on a statute or judicial interpretation, or in some states reasonable reliance on official advice

what crimes is consent applicable to

crimes requiring lack of consent, and minor assaults and battery

When is consent available defense

only if consent is freely given, the party is capable of consenting, and no fraud was used to obtain consent

what crimes are entrapment applicable to

most crimes, but not if the police merely provide the opportunity to commit the crime

when is entrapment available as a defense

criminal design originated with police and the D was not predisposed to commit the crime before contact with police

What is a principal

the person with the requisite mental state who actually engages in the act or omission that causes the criminal act

what is an accomplice

a person who aids, advises, or encourages the principal to commit the crime

what is accessory after the fact

a person who helps another escape after committing a crime, not an accomplice, and not liable for underlying crime, it is a separate and lesser charge

Elements of accomplice liability

must be intentionally aiding, counseling, or encouraging the crime. the mere presence is not enough even if by presence defendant seems to be consenting to the crime or even if defendant fails to notify police. If the crime is one of recklessness or negligence, accomplice must intent to facilitate commission and act with recklessness or negligence. Liability is for the crime itself and all other foreseeable crimes.

Defenses for accomplices

withdrawal is an affirmative defense if before the crime’s commission, repudiates encouragement, neutralize the assistance, or notify police or other acts to prevent the crime

What is common law murder

the unlawful killing of another human being with malice aforethought

what are homicide crimes

common law murder, statutory murder, felony murder, voluntary manslaughter, and involuntary manslaughter

what is malice aforethought

intent to kill; intent to cause serious bodily harm; reckless indifference to unjustifiably high risk to human life (depraved heart murder); or felony murder

Defenses to common law murder

self-defense and provocation (reduction to voluntary manslaughter)

What is first degree murder

killings with deliberation and premeditation or felony murder

what is second degree murder

depraved heart killing or murder lacking specific facts to make it first degree

what are felony murder crimes

burglary, arson, robbery, rape, kidnapping

When is felony murder committed

killing committed during the commission of a crime that is foreseeable. Deaths caused while fleeing are felony murder, but after a point of temporary safety aren’t

Majority rule for felony murder co-felons

defendant isn’t liable for felony murder for death of a co-felon as a result of resistance by the victim or police

what is voluntary manslaughter

adequate provocation that gives rise to a heat of passion with no adequate cooling off period

what are the types of involuntary manslaughter

killing resulting from criminal negligence or misdemeanor manslaughter

Elements of a homicide crime

Mens Rea, a killing, and causation

what is the general rule for homicide causation

defendant is liable for all natural and probable consequences of their conduct unless the chain of causation is broken by the intervention of some superseding factor. An act that hastens an inevitable result is still the legal cause. Simultaneous act by 2+ persons can be independently sufficient causes of a single result

what are superseding factors that break causation chain for homicide

acts of nature or coincidence, negligent medical care that is grossly negligent or intentional malpractice

What are the elements of batery

unlawful application of force to another resulting in bodily injury or offensive touching

What are the elements of assault

attempt to commit battery or intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm (words not enough)

what is burglary

a breaking and entering of a dwelling of another at nighttime with the intent to commit a felony in the structure

what is arson

a malicious burning of the dwelling of another

what is false imprisonment

the unlawful confinement of a person without their valid consent

what is kidnapping

false imprisonment + some movement or concealment of a victim in a secret place

Larceny by trick

if title isn’t obtained during false pretenses

what kind of false statement is used for false pretenses

the false statement must be of a past or existing ract

what is receipt of stolen property

receiving possession and control of stolen property known to have been obtained illegally y another person with the intent to permanently deprive the owner of their interest in the property