Criminal Law 2 Exam

MPC approach to attempt

A person is guilty of attempt if they take a substantial step toward committing a crime with the required intent.

Incohate crime

unfinished crime that leads to another crime, reason why its unfinished

Substantial Step

significant activity in furtherance of a criminal goal. Act or omission that is a serious part of the act or omission.

Sec, 12 FDA act of 1906

corporate officers can be held liable for any food or drug violations, even if there is no criminal intent

Justification vs excuse

socially acceptable vs what is wrong

Justification

an affirmative defense (lesser evil)

Mere preparation

Early steps toward a crime that are not enough for attempt liability

4 types of defense

alibi, justification, excuse, inability to prove all elements

Act requirement

Criminal liability requires a voluntary act (not just thoughts or status).

Inability to provide all elements

failure of proof defense where the prosecution does not establish every required element of the crime beyond a reasonable doubt

Poisoner Hypothetical

Tests resulting harm: defendant is the proximate even if its unintended

Resulting Harm

There has to be concurrence and identification of some type of harm

Resulting Harm exception

Victimless crime

Proximity test

Focus on how close the conduct is to the completed offense

Physical Proximity test

Tried to loosen the requirements of the last act test, must be near to be a substantial step

Tests of mere preparation and substantial step

Mere Preparation: This involves actions that are part of a plan to commit a crime but have not yet been executed.

Substantial Step: This involves actions that strongly corroborate a criminal purpose and demonstrate intent to commit the crime

Harm in degree vs in kind

Degree: same type of harm but less severe (attempt). Kind: different type of harm than intended

Felony Murder Rule

A homicide committed during the commission of a dangerous felony can be treated as murder, even without intent to kill.

Principle of legality

No one can be punished for a crime unless it is clearly defined by law beforehand

Holmes: Dangerous proximity test

A test for attempt liability: crime must be very close to completion to hold the actor liable.

Defenses to a charge of attempt - impossibility factual

• Occurs when the defendant’s goal is criminal, but external facts make completion impossible

• Still guilty of attempt

Defenses to a charge of attempt - impossibility legal

• Occurs when the defendant believes they are committing a crime, but the act is not actually illegal

• True legal impossibility → valid defense

Chicago vs Morales

involved anti-gang ordinance passed by Chicago, gang members were forbidden to loiter in public, statute was illegal, because it didn’t inform the public what was allowed and what wasn’t, it was too vague

Necessary Attendant Circumstances

• Facts that must exist for a crime to occur

• The defendant must usually:

  • Know OR

  • Be reckless/negligent about these circumstances

Conspiracy

agreement between two or more people to commit an unlawful act at the basic level, or to use unlawful means to accomplish an act that is unlawful

Aggravating vs Mitigating circumstances

increase vs reduce the severity of the punishment

Criminal Solicitation

Asking, encouraging, or commanding another person to commit a crime

elements of accomplice liability

A person is liable for helping another commit a crime if:

1. Actus reus → assists, encourages, or facilitates

2. Mens rea →

   • Intent to assist

   • Intent that the crime be committed

misprision of felony

Failure to report a known felony plus some act of concealment

Blackstone on corporate criminal liability

• Historically rejected idea that corporations could be criminally liable

• Reasoning:

  • Corporations lack a “mind” (mens rea)

  • Cannot be physically punished

Parties to crime

1. Principal in the First Degree

• Actually commits the crime

2. Principal in the Second Degree

• Present at the scene and helps

3. Accessory Before the Fact

• Helps beforehand but not present

4. Accessory After the Fact

• Assists after the crime (separate offense)

Justification vs excuse

right under the circumstances vs not blameworthy

merger of attempt and completed crime

If the crime is successfully completed:

• Attempt merges into the completed offense

• Defendant cannot be convicted of both

• exception: conspiracy does not merge

necessity

choosing lesser of the two evils

concept of affirmative defense

• Defendant admits the act but raises a defense to avoid liability

• Defendant usually has burden of production (and sometimes persuasion)

strict liability

• No mens rea required

• Common in public welfare offenses (e.g., food/drug laws)

vicarious liability

• One party held liable for another’s actions

• Common in corporate crime

MPC approach

• More limited than federal law

• Requires:

  • Authorization, recklessness, or tolerance by high managerial agents

Accomplice liability

• Focus is on participation + intent, not labels

• Accomplices are punished as if they committed the crime

Modern trend

• Corporations can be criminally liable

• If employee acts:

  • within scope of employment

  • with intent to benefit corporation

vicarious liability model

• Corporation liable for employee’s acts

• Even if management didn’t know

identification model

• Liability based on acts of high-level officials

• Their intent = corporation’s intent

Regina vs Dudley

Shipwreck sailors eat person, necessity is not a defense to murder

Apparent danger test

conduct or activity of attacker makes threat of danger very obvious

Castle exception to the retreat rule

you may use force (including deadly force, if justified) without retreating

“imperfect” self defense

Defendant has an honest but unreasonable belief in need for deadly force

Resisting unlawful arrest

You may use reasonable force to resist an unlawful arrest, Most jurisdictions limit or reject this right

requirements of a lawful arrest

• Probable cause (reasonable belief a crime was committed)

• Proper authority (police officer or valid warrant)

• Compliance with procedural rules

Fleeing felon rule

Deadly force could be used to prevent suspect from fleeing the scene of the crime

Alter ego rule

-          People defend then have no basis for self-defense, third party can also defend

-          You become the alter ego of the person you are defending

Tennessee vs Garner

Limits the fleeing felon rule, if suspect poses significant threat, force can be used

Defense of others

Use force to protect another person

Trend in U.S Law

• Abolishes distinctions → all are “principals”

• Focus on participation, not labels

Accessories

• Before → treated as accomplice

• After → separate offense (obstruction, harboring)

Alibi

defense claiming the defendant was somewhere else when the crime occurred, making it impossible for them to have committed the offense.

Excuse

A defense that admits the act was committed but argues the defendant should not be held criminally responsible due to a personal condition or circumstance