Criminal Law

Homicide

• there’s a dead body

• 1) murder OR

• 2) manslaughter

Murder

4 ways to commit:

1. intent to kill (premeditated killing; specific intent)

2. intent to inflict serious bodily harm (no specific intent to kill)

3. felony murder (a death occurs while committing a dangerous felony)

4. depraved heart murder (reckless disregard for human life)

dangerous underlying felonies for felony murder

BARRK

• burglary

• arson

• rape

• robbery

• kidnapping

reckless disregard for human life

knew or should have known that death could occur and acted anyway

manslaughter

2 types:

1. voluntary manslaughter

2. involuntary manslaughter

voluntary manslaughter

1. adequate provocation

2. heat of passion

3. no time to cool off

example: you come home and find your spouse in bed with someone else

involuntary manslaughter

negligent conduct causing a death

hint: look for facts that no other people were present; if others were present, it’s probably recklessness/depraved heart murder

larceny

a specific intent crime that requires:

1. trespassory taking

2. carrying away

3. personal property of another

4. with intent to permanently deprive

example: continuing trespass

• wrongful taking without permission

• no intent to steal at the time of taking

• can turn into larceny if you decide to keep it

burglary (common law)

specific intent crime that requires:

1. breaking and entering

2. dwelling of another

3. at nighttime

4. with intent to commit a felony inside

burglary: intent

• intent must be present at the moment of the breaking and entering

• felony does not have to be actually committed

robbery

specific intent crime that requires:

1. trespassory taking

2. carrying away

3. property of another

4. by force, intimidation, or fear

note: larceny merges into robbery

assault with attempt to commit a battery

• specific intent crime

• intent to commit a battery

• intent to place another in imminent fear

• words are NOT enough

larceny by trick

• specific intent crime

• obtain possession to property by false statement

• use this as default crime before false pretense or embezzlement

false pretenses

• specific intent crime

• same as larceny by trick but obtain TITLE to property by false statement

embezzlement

specific intent crime that requires:

1. lawful possession of personal property

2. converted for own use

receiving stolen property

specific intent crime that requires:

1. physical possession of stolen property

2. knowledge it was stolen

3. intent to keep

forgery

specific intent crime that requires

1. fraudulent making of a false document

2. with legal significance

3. intended wrongful use

example: printing money

accomplice liability

specific intent crime that requires

1. specific intent to achieve the crime

2. aid or abet the completion of the crime

crimes accomplice is guilty of

• accomplice is guilty of all underlying crimes completed

• liable for the planned crime and any other foreseeable crimes that occur in the course of the criminal act

• if the crime isn’t completed, accomplice is only guilty of accomplice liability

accessory before the fact

• not present at the scene of crime

accessory after the fact

1. felony completed

2. knowledge of completed crime

3. aid to avoid arrest/conviction

note: not guilty of the underlying crime but guilty of a separate crime (eg obstruction of justice, harboring a fugitive)

general intent crimes

1. no specific intent required

2. the act itself is enough

battery

• general intent crime

• unlawful application of force

arson

• general intent crime

• malicious burning of the dwelling of another

• malicious = reckless (knew or should have known that harm could occur)

• common law: burning your own home is not arson

• modern trend: will give you a statute or it will be obvious they are testing arson

rape (common law)

general intent crime that requires:

1. unlawful sexual intercourse

2. by a male with a female

3. without consent

kidnapping

• general intent crime

• unlawful restraint or a person’s freedom by force

inchoate crimes

1. attempt

2. conspiracy

3. solicitation

attempt

1. intent to commit the crime

2. substantial step

attempt - merger

• merges into completed crime

• cannot be guilty of both attempt and the underlying completed crime

attempt - withdrawal

• cannot withdraw after a substantial step

common law conspiracy

1. two or more people

2. specific intent to commit crime

3. agreement

note: default rule

MPC conspiracy

• AKA unilateral conspiracy

• only one person has to agree (eg if there’s an undercover cop)

co-conspirator liability

• a co-conspirator is liable for all crimes committed in furtherance of consipracy

conspiracy - merger

• does NOT MERGE into the completed crime

• guilty of both conspiracy and underlying crime

conspiracy - withdrawal

• CANNOT withdraw from the conspiracy

• CAN withdraw from other crimes committed in furtherance of the conspiracy by timely notice to co-conspirators

solicitation

• encourage, urge, or incite another to commit a crime

solicitation - merger

• MERGES into completed crime

• cannot be guilty of both solicitation and the underlying completed crime

solicitation - withdrawal

• CANNOT withdraw

insanity defense: m’naghten test

• mental disease

• cannot appreciate “nature and quality” of actions

• cannot understand what you are doing is wrong

insanity defense MPC

• defendant lacked “substantial capacity” to appreciate criminal conduct

• note: the federal burden of proof for insanity is clear and convincing evidence

voluntary intoxication

• voluntarily getting drunk/taking drugs

• defense to specific intent crimes (FIAT)

involuntary intoxication

• intoxication without knowledge/consent

• defense to ALL crimes

mistake of law

• mistakes about what the law forbids and what it permits

• GENERAL RULE: ignorance of the law is no excuse

• EXCEPTIONS:

  • 1. reliance on high-level government interpretation

  • 2. lack of notice

  • 3. a mistake of law that goes to an element of specific intent

mistake of fact

• strict liability crimes: NEVER a defense

• general intent: defense only if the mistake is reasonable and goes to the criminal intent

• specific intent: defense whether the mistake is reasonable or unreasonable

entrapment

1. law enforcement creates criminal activity

2. defendant not predisposed to commit crime (defendant has no prior experience or knowledge concerning the crime)

durress

• reasonable belief of threat of great bodily harm

• NEVER a defense to murder

self-defense

1. reasonable belief of imminent danger or bodily harm

2. return of the same level of force

3. deadly force only allowed for deadly force

defense of others

1. reasonable belief a third party is in imminent danger

2. return the same level of force

defense of property

1. reasonable force to defend property

2. never deadly force unless fear of being killed

jdx of the united states to criminalize and prosecute crimes

the U.S. has the power to criminalize and prosecute crimes that:

• occur anywhere in the US

• occur on planes and shops; or

• are committed by US nationals abroad

jdx of states to criminalize and prosecute crimes

states can only punish crimes with some connection to the state

actus reus requirement

1. act in the world or failure to act when there’s a statutory duty, special relationship, defendant causes danger, or starting to rescue

2. voluntary

strict liability offenses

• statutory/regulatory offenses & moral offenses

• look for lack of mens rea language in a given statute