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CL
| Question | Answer |
|---|---|
| A St acquires jur over a crime if | either 1) the conduct or 2) the result happened in that St. |
| Merger | Generally, there is no merger of crimes, BUT Solicitation and Attempt do merge into the substantive offense. |
| An Act | Any bodily mvt, but MUST be voluntary. |
| Bodily mvts that do NOT qualify for criminal liability | a) conduct not the product of one's own volition, b) reflexive or convulsive act, c) act perf'd while one is unconscious or asleep. |
| An Omission As an Act | Generally there is no legal duty to rescue BUT sometimes there is a legal duty to act. A legal duty to act can arise in one of five circ. |
| Five circ where legal duty to act can arise | 1) by statute, 2) by K, 3) Relationship, 4) Voluntarily assume a duty of care and then fail to adequately perform it, 5) conduct created the peril |
| Four common law mental states of a crime | 1) specific intent crimes, 2) malice crimes, 3) general intent crimes, and 4) strict liability crimes. |
| Two extra defenses for Specific Intent Crimes | 1) voluntary intoxication, 2) unreasonable mistake of fact |
| Specific Intent Crimes | 1) Solicitation (inchoate), 2) Conspiracy (inchoate), 3) Attempt (inchoate), 4) 1st degree Murder, 5) Assault, 6) Larceny, 7) Embezzlement, 8) False pretenses, 9) Robbery, 10) Burglary, 11) Forgery |
| Malice Crimes | 1) Murder and 2) Arson |
| Malice | Reckless disregard of a high risk that harmful act would occur. |
| Mental States in MPC | Purposely, Knowingly, Recklessly, Negligently |
| Purposely (MPC) | conscious objective to engage in certain conduct or cause a certain result |
| Knowingly (MPC) | aware that his conduct will very likely cause the result |
| Recklessly (MPC) | consciously disregards a substantial and unjustifiable risk |
| Negligently (MPC) | fails to be aware of a substantial and unjustifiable risk |
| Accomplice Liability | An accomplice is one who aids, advises, or encourages the principal in the commission of the crime charged. Must also have requisite intent that the crime be committed. Liable for crime itself and all other foreseeable crimes. |
| Accomplices and Withdrawal | If encouraged crime, must repudiate encouragement. If provided assistance to principal, must do everything possible to neutralize assistance. |
| Inchoate Crimes | Solicitation, Conspiracy, Attempt |
| Solicitation | Asking someone to commit a crime. Crime ends when ask them. |
| Conspiracy | 1) Agreement, w/ 2) intent to agree, and 3) an intent to pursue an unlawful objective. |
| Liability of Co-conspirators' crimes | Each conspirator is liable for ALL crimes of co-conspirators IF those crimes were committed in FURTHERANCE and FORESEEABLE. |
| Bilateral Approach (conspiracy) | (CL) Two guilty parties. If one person is merely feigning agreement, other cannot be guilty of conspiracy. The acquittal of all persons w/ whom a defendant is alleged to have conspired precludes conviction of the remaining defendant. |
| Unilateral Approach (conspiracy) | (MPC) Requires ONLY that one person have a genuine criminal intent. |
| Overt Act (conspiracy) | (majority) Agreement + Overt Act (mere preparation). (minority) Agreement itself. |
| Withdrawal (conspiracy) | Does not relieve defendant from liability for conspiracy itself. The defendant can withdraw from liability for the other conspirators' subsequent crimes, but cannot withdraw from this conspiracy. |
| Attempt | 1) Specific intent plus 2) an overt act in furtherance of the crime. |
| Overt Act (attempt) | Must be a substantial step in furtherance of the commission of the crime. |
| Defense of Abandonment (attempt) | (majority) Once defendant has taken a substantial step, abandonment is never a defense. (MPC) allowed, ONLY if fully voluntary and a complete renunciation of criminal purpose. |
| Insanity Tests | Four tests: M'Naghten, Irresistible Impulse, Durham, MPC |
| M'Naghten Rule | At time of conduct, D lacked ability to know the wrongfulness of his actions or understand the nature and quality of his actions. |
| Irresistible Impulse | Defendant lacked capacity for self-control and free choice. |
| Durham Rule | Defendant's conduct was a product of mental illness. |
| MPC (Insanity test) | D lacked ability to conform his conduct to requirements of law. |
| Voluntary Intoxication | Defense ONLY to specific intent crimes. |
| Involuntary Intoxication | 1) unknowingly being intoxicated, or 2) becoming intoxicated under duress. (form of Insanity; defense to all crimes) |
| Infancy | 1) under age seven = no crim liability, 2) under age fourteen = rebuttable presumption of no crim liability |
| Self-Defense (non-deadly force) | V reasonably believes that force is about to be used on him. |
| Self-Defense (deadly force) | (majority) V reasonably believes that deadly force is about to be used on him. (minority) V required to retreat if it is safe to do so, EXCEPTIONS 1) no duty to retreat fr home, 2) no duty to retreat if V of rape/robbery, 3) police officers |
| Original Aggressor and Self-defense | To get self-defense, original aggressor must 1) w/draw AND 2) communicate that w/drawal |
| Defense of Others | D reasonably believes that person assisted would have had the rt to use force in his own defense. (majority) There not be a special relationship between the D and the person in whose defense he acted. |
| Defense of Dwelling | Deadly force may NEVER be used solely to defend property. |
| Duress | D acts under threat of imminent infliction of death or Great Bodily Harm AND that belief is reasonable. Threats to harm a Third-Person may also suffice to establish the defense of duress. (defense to all crimes except homocide) |
| Necessity | Conduct that would otherwise be crim is justifiable, if, as a result of pressure fr natural forces, the D reasonably believes that his conduct was necessary to avoid a greater societal harm. |
| Mistake of Fact | Mistake of fact is a defense only when mistake negates intention. The mistake has to be reasonable to be a defense to a malice/general intent crime. |
| Entrapment | Only a defense if, 1) crim design originated w/ law enforcement, AND 2) D was NOT predisposed to commit the crime. |
| Battery | Unlawful application of force to the person resulting in either bodily injury or offensive touching. (need not be intentional, applied directly) |
| Assault | 1) Attempt to Commit Battery, OR 2) Intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm. |
| Aggravated Assault | Assault + 1) Use of deadly/dangerous weapon, OR 2) w/ intent to rape, maim, or murder. |
| Murder | Unlawful killing of another human being w/ malice aforethought. |
| Malice Aforethought | 1) intent to kill, 2) intent to inflict great bodily harm, 3) intent to commit a felony, 4) reckless indifference to an unjustifiably high risk to human life. |
| Cause-in-fact | D's conduct MUST be the cause-in-fact of V's death. Death must not have occurred but-for D's conduct. |
| Proximate Cause | D is responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the manner in which they would occur. |
| First-Degree Murder | Premeditated Killing, Felony Murder, Homocide of a Police Officer |
| Premeditated Killing | D acted w/ intent or knowledge that his conduct would cause death. |
| Felony Murder | Any killing committed during course of felony |
| Homocide of Police Officer | 1) D must know V is a law enforcement officer, AND 2) V must be acting in line of duty. |
| Defenses to Felony Murder | a) defense to underlying felony, b) felony is one other than the killing, c) death must be foreseeable, d) once D reaches a pt of temporary safety deaths causes thereafter are NOT felony murders, 3) D is not liable for death of co-felon. |
| Second-Degree Murder | Depraved Heart Killing w/ reckless indifference to an unjustifiably high risk to human life OR murders that are not classified as 1st-degree. |
| Manslaughter | Voluntary, Imperfect self-defense, Involuntary |
| Voluntary Manslaughter | Killing in heat of passion resulting fr adequate provocation by V. Provocation must be one that would arouse sudden and intense passion in mind of ordinary person. Not sufficient time to cool-down. D in fact did NOT cool-down. |
| Imperfect Self-defense | 1) D has an honest but unreasonable belief that life was in imminent danger. (only some states) |
| Involuntary Manslaughter | 1) A killing of criminal negligence, OR 2) Misdemeanor manslaughter-killing someone while committing a misdemeanor or an unenumerated a felony. |
| False Imprisonment | Unlawful confinement of a person w/o his valid consent. |
| Kidnapping | Confinement of a person w/ either 1) some mvt (asportation), OR 2) concealment in a secret place |
| Larceny | Common law larceny requires a wrongful taking, a carrying away of property of another by trespass w/ intent to permanently deprive. |
| Continuing Trespass | Generally, intent to deprive O permanently MUST exist at time of taking or it is not Larceny. BUT if one takes property not intending to steal it, but then later decides to keep the property, can be gilty og Larceny under this theory. |
| Embezzlement | Fraudulent conversion of property of another. |
| False pretenses | D persuades O of property to convey title by false pretense (false representation). Distinguish fr "Larceny by Trick." |
| Robbery | Taking of personal property of another fr other person's presence, by force or threat w/ intent to permanently deprive him of it. |
| Extortion | (blackmail) Knowingly seeking to obtain property or services by means of a future threat. |
| Forgery | The making/altering of a false writing w/ intent to defraud. |
| Burglary | Breaking and entering of a dwelling of another at night w/ the intent to commit a felony therein. |
| Arson | The malicious burning of the dwelling of another. |
Created by:
Sarah_Shore
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