Detailed Study Guide of Legal Concepts in Rape, Crimes Against the Person, Theft, Accomplice Liability, and Defense Strategy (copy)
Final Exam Study Guide Chapter 8: Rape and Nonconsensual Sex Crimes
Sexual Assault/Sexual Battery
Definition: Sexual assault refers to various forms of sexual violence that involve non-consensual sexual contact or behavior. Sexual battery is a specific legal term that often indicates a more severe form of sexual assault involving physical coercion.
Differences Between Degrees:
First Degree Sexual Assault: Involves aggravated circumstances such as the use of a weapon, serious bodily injury, or when the victim is incapacitated.
Second Degree Sexual Assault: This is generally less severe and may involve coercive sex acts without the use of a weapon or serious injury.
Child Molestation
Definition: Child molestation refers to sexual acts or inappropriate behavior directed towards a minor, which is illegal regardless of consent due to the individual's age.
Aggravating Factors: These can include the age difference between the offender and the victim, the use of force or coercion, or the involvement of multiple victims.
Common Law Statutory Rape
Definition: Common law statutory rape occurs when an adult engages in sexual acts with a minor who is below the age of consent, which varies by jurisdiction.
Elements:
Actus Reus: Engaging in sexual intercourse or sexual behavior with a minor.
Mens Rea: Typically, the intention to have sexual contact (the knowledge of the minor's age may not be a required element).
Attendant Circumstances: The minor's age must be below the established age of consent in the jurisdiction.
Contemporary Statutory Rape
Definition: This modern approach may include varying definitions of consent and arrange specific legal defenses related to the age of the minor involved.
Difference From Common Law: Contemporary law often recognizes different age levels for victims and defendants, may provide for limited defenses, and involves varying penalties for different types of offenses.
Criminal Regulations of STIs
Definition of STI: A sexually transmitted infection (STI) is an infection transmitted through sexual contact, which can lead to serious health consequences.
Elements of Knowing Transmission Laws:
Actus Reus: The action of transmitting the STI to another person, typically through sexual contact.
Mens Rea: Knowledge that one is infected with an STI and may potentially transmit it to another person.
Attendant Circumstances: The circumstances under which the transmission occurs, which could include whether the victim was informed of the risks involved.
Chapter 10: Other Crimes Against the Person
Assault and Battery
Definitions:
Assault: An act that puts another person in reasonable apprehension of an imminent harmful or offensive contact.
Battery: The actual infliction of harmful or offensive contact upon another person.
Simple vs. Aggravated Versions:
Simple Assault/Battery: Usually involves minor injuries or threats.
Aggravated Assault/Battery: Involves the use of a deadly weapon or causes serious bodily injury.
Level of Intent Required: Intent can vary from negligent (involuntary) to purposely (deliberate act) depending on the crime's designation.
Deadly Weapon in Assault/Battery
Definition: A deadly weapon is defined as any object that is likely to cause death or serious injury when used in a certain manner, such as firearms, knives, or even vehicles.
Child Abuse
Definition: Child abuse refers to physical, emotional, or sexual harm inflicted upon a minor.
Elements:
Actus Reus: Any action that results in physical or emotional harm.
Mens Rea: Can vary; may include intentional conduct or reckless behavior that leads to harm.
Result: Actual harm or substantial risk of harm to the child.
Parental Privilege and Child Abuse
Definition of Parental Privilege: The legal right of parents to discipline their children, which allows reasonable force under certain circumstances.
Impermissible Force: Any excessive use of force beyond what is deemed reasonable (e.g., corporal punishment resulting in injury) can lead to accusations of child abuse.
Threshold: The privilege can lead to child abuse charges when it meets the criteria of excessive physical or emotional harm.
Child Neglect
Definition: A failure to provide for a child's basic needs such as food, shelter, and medical care.
Differences Between Abuse and Neglect: Abuse involves active harm, while neglect involves omission or inadequate care.
Prevalence: Child neglect is generally more prevalent than child abuse.
Elements:
Actus Reus: Failing to provide necessary care or supervision.
Mens Rea: Typically shows negligence or disregard for the child's welfare.
Reckless Endangerment
Definition: Reckless endangerment occurs when a person engages in conduct that creates a substantial risk of serious physical injury to another.
Elements:
Actus Reus: The conduct that creates the risk.
Mens Rea: The awareness and disregard of the risk.
Terroristic Threats
Definition: A threatening act that instills fear or panic in victims, aimed at causing serious bodily harm or death.
Elements:
Actus Reus: The threat made against another person.
Mens Rea: The intent to threaten, knowing that it would cause alarm.
Stalking
Definition: The repetitive and unwanted surveillance or harassment of an individual that causes distress.
Elements: Patterns of behavior aimed at monitoring or contacting the victim.
Harassment
Definition: Unwanted aggressive behavior that intimidates or disturbs the victim.
Elements: Includes a variety of actions such as threats, unwanted advances, or repeated communication.
Kidnapping
Definition: The unlawful taking and carrying away of a person by force or fraud.
Elements:
Actus Reus: Asportation (movement) and confinement of the victim.
Mens Rea: Intent to abduct or confine.
Attendant Circumstances: Lack of consent from the victim.
Hostage Taking
Definition: Holding a person against their will by force or intimidation.
Differences from Unlawful Confinement: Usually involves a demand for ransom or a political objective.
False Imprisonment
Definition: The unlawful restraint of a person’s freedom of movement.
Differences from Other Forms of Unlawful Confinement: Lacks the intent or additional circumstances that may classify it as kidnapping.
Chapter 11: Theft & Robbery
Animus Furandi
Definition: The intent or mindset to commit theft, specifically referring to the intention of permanently taking property with the intention to deprive the owner.
Fraud
Definition: Fraud is intentionally misleading a person to their detriment, typically in a financial context.
Larceny
Definition: Larceny involves the unlawful taking of someone else's property with the intent to permanently deprive the owner of it.
Common Law vs. Contemporary Law:
Common Law: Defined by specific limitations and requirements on property taken. Often includes the physical taking of tangible property.
Contemporary Law: Broader definitions that may include intangible property or theft through deception techniques.
Elements of Larceny: Must include 1) unlawful taking, 2) intent to permanently deprive, and 3) the lack of consent.
Larceny by Trick
Definition: This occurs when one obtains property through deceit or misrepresentation.
Elements: Involves deception that leads the victim to voluntarily give up possession without consent (though consent is acquired through misrepresentation).
Robbery
Definition: The taking of property from a person using force or intimidation.
Elements:
Larceny: Unlawful taking of property.
Immediate Threat/Force: Direct use or threat of use of force against the victim.
Differences from Other Types of Theft: Unlike larceny or burglary, robbery is a crime against a person, marked by the element of immediate danger.
Felony Murder Rule: Recognized as inherently dangerous due to the potential for violence and harm to victims engaged in robbery.
Burglary
Definition: The unlawful entry into a structure with the intent to commit a crime.
Breaking and Entering: Includes any form of entry which can involve physical force (breaking) or non-physical means (such as trespassing).
Common Law vs. Contemporary Law:
Common Law: Requires entering with intent to commit a specified crime.
Contemporary Law: Broader to include various forms of entry and intent.
Night Requirement: Common law specifies the time of day when the crime occurs, generally during night hours.
Criminal Trespass
Definition: The unauthorized entry onto someone else's property.
Elements: Intentional entry after being denied permission or remaining on the property after consent has been revoked.
Arson
Definition: The willful and malicious burning or exploding of property.
Common Law vs. Contemporary Law: Common law defines arson strictly as burning, while contemporary interpretations may include attempts to set fire or damages due to explosives.
Chapter 6: Accomplice Liability & Conspiracy
Inchoate Offense
Definition: An incomplete crime or a crime that is not yet executed.
Five Crimes that fall under this category typically include conspiracy, attempt, solicitation, facilitation, and complicity.
General Rule Regarding Mens Rea: All inchoate offenses generally require a specific intent to commit the target crime, with the exception of knowing facilitation.
Attempt
Elements for Attempt (Common Law and MPC):
Actus Reus: A substantial step towards the commission of a crime (Common Law) or engaging in conduct that is defined by the law as being preparatory (MPC).
Mens Rea: Intent to commit the underlying crime.
Common Law Proximity Test: Requires that the actions taken by the defendant be close to the final act of committing a crime.
Substantial Steps Test: Requires that the actions taken substantially go beyond mere preparation.
Defenses to Attempt:
Factual Impossibility: Claiming the crime could not be completed due to factual circumstances unknown to the defendant.
Legal Impossibility: Suggests the act was not criminal based on the law’s requirements.
Abandonment/Waiver/Renunciation: The defendant voluntarily relinquishes their criminal intent before the attempt is completed.
Merger of Attempt and Target Crime
Rule: When an attempt is successful and the complete crime is committed, the attempt merges into the target crime, meaning the defendant may be charged only with the completed crime.
Solicitation
Definition: The act of requesting or encouraging another to commit a crime.
Elements Under Both Common Law and MPC:
Actus Reus: The act of soliciting, typically requiring the communication of the request.
Mens Rea: Intent to induce the person to commit the target crime.
Defenses: Various defenses may apply under both common law and MPC, such as renunciation or withdrawal.
Merger of Solicitation into Conspiracy
Definition: If a solicitation leads to an accepted agreement to commit a crime, it merges into a conspiracy, indicating that the crime has moved beyond mere intent.
Knowing Facilitation
Definition: Assisting in a crime knowing the action is intended to further a criminal endeavor.
Elements: Involves action taken with the knowledge of aiding in the commission of the target crime.
Differentiation: Distinct from other accomplice liability forms as it involves knowledge of the crime but does not necessitate intent to commit the crime.
Complicity Theory
Definition: A legal doctrine that establishes liability for aiding and abetting another’s crime.
Accessory vs. Principal Distinction: An accessory is someone who assists. The principal is the primary actor committing the crime.
Accessorial Liability
Elements:
Actus Reus: Includes affirmative aid, effective aid, and establishing causation-in-fact regarding the crime.
Mens Rea: Links to the intent behind aiding the conduct or the outcome in the principal offense.
Departure from the Common Plan
Explanation: If the principal commits a crime outside the common plan (like committing additional crimes), the accessory's liability may end rather than continue for additional acts.
Guilt of the Principal and Accessory (Common Law vs. MPC)
Rule: Generally, both principals and accessories are liable under the same principles, although the grading (seriousness) of crimes may vary between jurisdictions.
Defenses to Accessorial Liability
Explanation: Various defenses apply, depending on whether the accessory acted under duress, ignorance, or withdrawal after assisting.
Elements Under Both Systems: These defenses will vary in application depending on the jurisdiction's laws.
Victim Exception to Accessorial Liability
Description: This refers to cases where the actual victim cannot also be treated as an accessory for the crime they are the victim of.
Common Law Variation: Accessory After-the-Fact
Definition: This refers to a person who assists another who has committed a crime after the crime has been finished.
Elements of the Crime: Include providing aid with the knowledge that the individual committed a crime.
MPC Version: Known as obstruction of justice, varying slightly in that it emphasizes interference with apprehension or prosecution.
Conspiracy
Definition: An agreement between two or more persons to commit a crime.
Elements Under Both Common Law and MPC: An agreement and an overt act in furtherance of the conspiracy are needed, although specific knowledge of every detail isn't mandatory.
Pinkerton Rule: Establishes that conspirators may be held liable for crimes committed by others as long as it is within the scope of the conspiracy.
MPC Version of Conspiracy: May include various adjustments to the requirement and understanding of consensus.
Wharton’s Rule: Highlights specific offenses that require two or more participants for prosecution of conspiracy.
Types of Conspiracies:
Chain/Ladder Conspiracies: Involves sequential or distinct roles where each party acts in a part, contributing to the overall conspiracy.
Wheel & Wheel with Spokes Conspiracy: Consists of a central figure coordinating multiple participants, each an independent player.
Defenses to Conspiracy: Various defenses may apply based upon withdrawal or a lack of overt act.
Chapter 14: Defense of Excuse
Defense of Excuse
Definition: A legal defense based on claims that the offender lacked the capacity to understand their actions or the wrongfulness of those actions due to a mental condition.
DSM (Diagnostic and Statistical Manual of Mental Disorders)
Explanation: A widely used manual developed for classifying and diagnosing mental disorders.
Major Criticisms: Can include concerns regarding its reliability, validity, and the subjective nature of certain disorders categorized.
Neurosis vs. Psychosis
Definitions:
Neurosis: A collective term for various mental health issues not involving psychosis, such as anxiety disorders.
Psychosis: Refers to severe mental disorders characterized by a disconnection from reality.
Subtypes of Psychosis:
Schizophrenia: A serious mental disorder with symptoms of hallucinations and delusions.
Dissociative Disorders: Involve disruptions in consciousness, memory, or identity.
Substance-Induced Psychosis: Results from drug use leading to symptoms typical of psychosis.
Competency to Stand Trial
Definition: Refers to the defendant's ability to understand the charges against them and assist in their defense.
Is it a Defense?: No, it is a precondition necessary for proceeding to trial.
Bonafide Doubt Handling: If competency is doubted, a hearing is conducted to assess mental fitness.
Differences from Insanity Defense: Insanity refers to mental state at the time of the crime; competency focuses on the time of trial.
Realities of the Insanity Defense
Frequency of Use: The defense is raised in a small percentage of cases.
Success Rates: This defense usually needs convincing evidence to succeed, resulting in a low success rate.
Malingering
Definition: The act of feigning or exaggerating mental illness for personal gain, such as avoiding legal consequences.
M’Naghten Test for Insanity
Definition: A standard to determine insanity, consisting of three parts:
Part 1: The defendant must have had a mental disease or defect at the time of the crime.
Part 2: Due to this, they did not understand the nature or quality of their act.
Part 3 a & b: They were unable to distinguish right from wrong because of their condition.
ALI/MPC Test for Insanity
Main Distinction: The ALI/MPC test differs significantly from M’Naghten by focusing on the defendant’s capability to conform their conduct to legality (test part 3 a & b).
Insanity Defense Reform Act (IDRA)
Definition: A legislative act that made significant changes to the insanity defense, focusing on the burden of proof and stricter definitions.
Notable Case: The case of John Hinckley Jr., which raised public concern about the insanity defense's application and led to reforms.
Impact of IDRA:
Modified test conditions for insanity.
Shifted the burden of proof to the defendant.
Abolished volitional aspects of the defense.
Guilty But Mentally Ill (GBMI)
Definition: A verdict indicating that while the defendant is guilty of the crime, they were mentally ill at the time of the offense.
Arizona's Guilty Except Insane
Explanation: This verdict creates a paradox regarding the insanity definition, implying the individual committed the crime but was found unsuitable for traditional culpability.
Mens Rea Approach in States Abandoning Insanity Defense
Comparison: Four states have switched to different mens rea standards, essentially allowing for the presence of a mental condition to negate the requisite mental state for criminal liability.
Mental Disease or Defect
Definition: Refers to a specific psychological condition that causes dysfunction in behavior or mental processes.
Distinction from Mental Illness: Not all mental disorders qualify as “diseases” under legal definitions. Types of mental conditions often considered include lawful, qualified, and unqualified categories.
Types:
Qualifying: Conditions like severe chronic schizophrenia.
Sometimes Qualifying: Disorders that may affect thoughts temporarily.
Almost Never Qualifying: Conditions that do not impair functionality significantly.
Never Qualifying: These are not considered at all.
After NGBRI (Not Guilty By Reason of Insanity) Verdict
Procedure: Generally leads to a treatment determination rather than traditional sentencing, possibly involving hospitalization in a mental health facility.
Chapter 15: Defense of Justification (Self-Defense only)
Defense of Justification
Definition: Justification defenses argue that the action taken was necessary to prevent a greater harm or impending threat.
Difference From Defense of Excuse: Justification focuses on the context making the act acceptable, while excuse concerns lack of control.
Privilege to Use Reasonable Force
Definition: This legal principle allows individuals to use proportionate force in response to an immediate threat or unlawful action against them.
Requirements for Non-Deadly Force in Self-Defense
Key Components:
Reasonableness: The force must be considered reasonable by an ordinary person under similar circumstances.
Honest and Reasonable Belief: The defender must sincerely believe they are under threat.
Immanence: The threat of force must be immediate and present.
Unlawful Force: The self-defense claim cannot be justified if the force used is considered unlawful.
Limits on Self-Defense
Initial Aggressor Rule: This states that if a person starts a confrontation, they cannot claim self-defense unless they withdraw from the conflict and communicate that withdrawal.
Exceptions for Aggressors: An initial aggressor may claim self-defense if they honestly and reasonably believe that the situation has escalated to an imminent threat.
Deadly Force in Self-Defense
Common Law Rule: Justifies the use of deadly force only when there is a reasonable belief of imminent danger to life or severe injury.
MPC Version: Provides more limitations and specifies that deadly force is justifiable if the actor believes it to be necessary to protect themselves against unlawful force.
Jurisdictional Limits to Deadly Force
Variations: Some states may impose additional restrictions like a duty to retreat before using deadly force.
Castle Doctrine and Stand Your Ground Laws
Castle Doctrine: Legal principle permitting individuals to use reasonable force without retreating when threatened in their home.
Stand Your Ground Laws: Extend this principle beyond the home into public spaces, allowing individuals to defend themselves without the obligation to withdraw.
Research Findings: Studies indicate mixed outcomes regarding crime rates and incidences of self-defense claims in jurisdictions enforcing such laws.
Reasonableness Standards in Self-Defense
Explanation: Courts typically evaluate self-defense claims against the standard of reasonableness from an ordinary perspective, determining whether the force used was proportional to the threat faced.