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Criminal Law
Crim 1
| Term | Definition |
|---|---|
| Actus Reus | The physical part of a criminal offense, it is the REQUIRED physical part of a criminal offense. |
| Mens Rea | The mental component required for each offense. |
| Exceptions to no duty to act | 1) A statute imposes a duty; 2) A certain, legally recognized relationship; 3) Contractual duty; 4) Assume voluntary duty; 5) Created the risk |
| Mistake of fact | Mistake is honest and reasonable it could be a defense. |
| Mistake of law | Not a defense except 1) Highest legal officer of the state issues an opinion and that opinion is wrong; 2) Where there is a court decree naming you; 3) Where a statute has recently been changed; 4) Private attorney defense is not a defense. |
| First degree murder | Intent: Malice, intent to kill w/ premeditation and deliberation. w/o intent: Severe, extreme, high risk conduct that the actor KNOWS that death is probable. Felony Murder. |
| Felony Murder | If the person intended to commit a felony and a death occurred while in the course of the felony the D ill be guilty. Proximate: Whether the killing was a foreseeable risk in committing the felony. Agency: |
| Second degree murder | Killing another with intent to kill |
| Voluntary Manslaughter | Voluntary killing of another in the heat of passion brought on by legal, adequate provocation. |
| Legally Adequate provocation | 1) Extreme battery; 2) Mutual combat; 3) Illegal arrest; 4) Abuse of a close relative; 5) Sudden discovery of a spouses misbehavior. |
| Premeditation | There is no fixed time, but there must be some time. |
| Consent | 1) Fraud (Infactum= No consent; In indicement= consent); 2) Capacity: If the person lacks capacity they can't consent (mentally disabled, intoxicated, too young); 3) Statutory Rape: Strict liability (codifying minor's inability to consent) |
| Rape | Cl: Unlawful sexual intercourse w/ a female against her will or w/o her consent. Elements: 1) Sex with a female; 2) by force or threat; 3) Against her will or w/o consent Defense: 1) Wrong identification; 2) Intoxication Reasonable resistance required |
| Assault | Attempt to use force against someone and the completed use of force against someone. 1) Attempting to use force against another w/ present ability t ocarry it out; 2) Using force against another; 3) To touch someone w/ a sexual purpose |
| Robbery | 1) Taking of something of value; 2) By force or threat of force; 3) From the person of the victim. |
| Possession | Possession is different than ownership. Actual: On or about the person. Must have intent to control. Constructive: Not or about your person |
| Larceny | 1) Taking; 2) Carrying away; 3) Property of another; 4) w/ intent to; 5) Permanently deprive. |
| Asportation | When you move something w/ the intent to permanently deprive. |
| Embezzlement | When you are an agent you cannot convert the property of another. |
| False Pretenses | You give possession and ownership. |
| Larceny by Trick | Larcent but w/ an additional element. Taking and carrying away the property of another by getting the possession by fraud or trick. |
| Burglary | Specific intent crime. The unlawful breaking and entering, or entry w/o breaking, the dwelling, office, warehouse, or building w/ intent to commit a crime. CL: Breaking and entering the dwelling of another at night. |
| Forging | The making and altering of a document w/ intent to defraud. An altered or false document. Look for a document first! |
| Uttering | The negotiation, passing, transferring of a document w/ intent to defraud. |
| Arson | The malicious burning down a dwelling of another. |
| Attempt | An intent mens rea crime. Intend to do the crime and intent to be successful. Need an overt action: Doesn't have to be an element of the crime. Intent+Overt action+ 1 of the tests |
| The last step test | The actor has done everything before the last step. Would have to catch the arsonist just before he struck the match. This test is no longer used. |
| Equivocality test | Undoubtedly clear that this person intended to do the crime. Person is at the building and unloading flammable materials. |
| Proximity test | The actor has come to completion of the crim. Most used test. |
| Substantial Step Test | Has D taken a substantial step toward completion of the crime? Look back at his actions. |
| Impossibility | If it is impossible to commit a crime it is not a crime. Factual impossibility is not a defense. |
| Aiding and Abetting | Mens Rea: 1)Joining the team. 2)Intent to be on team. 3) Intent criminal act. Each aider and abetter does not have to be every act of the crime so long as the group accomplishes the crime. |
| Accessory before the fact | Charge. Before the fact: One who is absent at the time of the crime is being committed. Helps, aids or commands, requests, or asks someone to commit a crime. |
| Accessory after the fact | After the fact: Consorts or assists, or helps someone avoid arrest if you know they are a felon |
| Conspiracy | An agreement to accomplish an unlawful objective. Actus Reus: When they agree Mens ReaL Intent to agree AND intent to accomplish the crime. Agreement+some overt action. Withdraw=go to police |
| Pinkerton doctrine | Can be guilty of substantive crime for being in conspiracy. The overt act of 1 is the overt act of all. |
| New York Doctrine | Conspirators are guilty of conspiracy, people who do substantive crime are guilty of substantive offense. |
| Justification | You have a right to do it. You are justified in your actions. |
| Self defense | Begins and ends with necessity. Where a person has honest and reasonable belief in harm from another. Respond w/ reasonable, not excessive force. Subjective for reasonable and honest Must be raised by D Burden of proof on gov. that no applicable. |
| Excuse | The law will excuse the wrong, but you are not justified to do it. |
| Duress | An excuse. Must be a human force. The will of the person doing the wrong is being broken. Must be treat of imminent or immediate harm. |
| Intoxication | Taking something that substantially alters your mental acuity. A defense to specific intent crime. No bearing on negligent crimes. Might have some bearing on voluntariness of strict liability crimes. |
| Insanity | Burden of proof is on D to prive that at the time of crime he was insane. Raised by D or judge. There are 5 tests. |
| M'Naghten Test | Does person have a mental disease? As a result of mental disease are they unable to know what they are doing is wrong and unlawful? |
| Irresistible Impulse test | Everything from McNorton test Even if a person knew the act was wrong they could not resist doing it. Addresses compulsion factor of mental illness. |
| Durham Test | The person has a mental disease of illness. As a result of D's behavior at the time of the crime was a produce of the mental illness. |
| Mad Dog Test | Looking at D and asking if they are a wild animal. |
| American Law Institute Test | A person is not responsible for criminal conduct as a result of mental disease and that he lacks the capacity to appreciate the conduct or to conform his conduct to the elements of the law. Presently used test. |
| Drug induced insanity | New theory. Insanity brought on by long term drug use. 1) long history of drug; 2) a doctor will now say this person has a mental illness; 3) caused by drug use. |
| Necessity | Under Cl it has to be a force of nature. There is no ready alternative. There is imminent harm. D did not create the harm. Courts are struggling w/ the taking of human life under necessity. |
| Entrapment | The gov. through its agents, substantially cause a person to commit a crime that they otherwise wouldn't have committed. Subjective: Person's predisposition to committing the crime. Objective: look at gov. conduct |
| Strict liability | A crime w/ no mens rea. Public Policy: If it is a tradition offense you will read in general intent. Traffic laws are about public welfare so they are strict liability. |
| Involuntary Manslaughter | Aware of your reckless conduct and death is likely to result. |
| Second Degree Murder (Unintentional) | Person is aware and death is more likely than not to happen. |
| First Degree Murder (Unintentional) | Severe, extreme, high risk conduct that the actor KNOWS that death is probable. Felony Murder. |
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