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Criminal Law
Bar Study
| Prompt | Rule |
|---|---|
| When does a state have jurisdiction over a crime? | The conduct or result happened in that state |
| What crime never merges? | Conspiracy |
| What are the elements of crimes generally? | (1) Actus reus , (2) mens rea, (3) concurrence, (4) harmful result and causation |
| What constitutes a physical act? | A voluntary act. This does not include conduct that is not the product of your own volition (reflexive or convulsive) or an act performed while unconscious or asleep. |
| When is there a legal duty to act? | (1) By statute, (2) By contract (lifeguard or nurse), (3) Because of relationship (spouse, parent), (4) Because you voluntarily assume a duty of care and then fail to adequately perform it |
| List of specific intent crimes | Burglary, robbery, forgery, attempt, conspiracy, embezzlement, first degree murder, larceny, assault, pretenses/false, solicitation |
| What are the malice crimes? | Arson and murder |
| Definition of general intent | Defendant has a general awareness that she is acting in a manner that would be prohibited by law |
| The mental states under the MPC | (1) Purposely (2) Knowingly (3) Recklessly (4) Negligently |
| Define purposely under the MPC | When his conscious objective is to engage in certain conduct or cause a certain result |
| Define knowingly under the MPC | When he is aware that his conduct will very likely cause the result |
| Define recklessly under the MPC | When he consciously disregards a substantial and unjustifiable risk |
| Define negligently | When he fails to be aware of a substantial and unjustifiable risk |
| Define concurrence | Defendant must have had the intent necessary for the crime at the time he committed the act constituting the crime |
| Define causation | Defendant's cause must be both cause-in-fact and proximate cause of specified result |
| Common law - principals in the first degree | Person who actually engages in the act that constitutes the criminal offense |
| Common law - principals in the second degree | Persons who aid, abet, or encourage the principal and are present at the crime |
| Common law - accessories before the fact | Persons who aid, advise, or encourage the principal but are not present at the crime |
| Common law - accessories after the fact | Persons who assist the the principal after the crime |
| Modern statutes - principal | One who, with the requisite mental state, actually engages in the act or omission that causes the criminal result |
| Modern statutes - accomplice | One who aids, advises, or encourages the principal in the commission of the crime charged |
| Modern statutes - accessory after the fact | On who receives, comforts, or assists another with the knowledge that he has committed a felony, in order to help the felony escape arrest, trial, or conviction |
| Mental state required for accomplice liability | (1) Intent to assist the principal in the commission of the crime (2) Intent that the principal commit the crime |
| Scope of accomplice liability | Crimes she committed or aided/advised/encouraged and for any other crimes committed in the course of committing the crime contemplated, as long as those crimes were probable and foreseeable |
| How can an accomplice withdraw? | Encourage - repudiate Aided - neutralize assistance Alternatively, contact police |
| Define conspiracy | (1) Agreement (2) With intent to agree (3) Intent to pursue an unlawful objective |
| Agreement requirement for conspiracy | Agreement need not be express, it can be inferred from conduct |
| Bilateral approach of conspiracy | - Requires two guilty parties - If one person is merely feigning agreement, other person cannot be guilty of conspiracy - Acquittal of all persons with whom the defendant is alleged to have conspired precludes conviction of remaining defendant |
| MPC unilateral approach of conspiracy | Only one person needs to have a genuine criminal intent |
| Overt act requirement | - Majority rule = For liability for conspiracy, there must be an agreement plus an overt act (any little act is an overt act, including mere preparation) - Minority rule / common law - Liability for conspiracy only by agreement |
| Factual impossibility | Not a defense to inchoate crimes (conspiracy, solicitation, attempt) |
| Withdrawal from conspiracy | Withdrawal cannot relieve the defendant from liability for the conspiracy, only for the conspirators' subsequent crimes |
| Define solicitation | Asking someone to commit a crime (under common law, not necessary that the person solicited agree to the crime) |
| Define attempt | (1) Specific intent (2) Overt act in furtherance of the crime (must be substantial step, mere preparation is not enough) |
| Defense of abandonment | Majority rule - once a substantial step has been taken, abandonment is not a defense MPC - abandonment is a defense if it is fully voluntary and a complete renunciation of criminal purpose |
| Legal impossibility | Is a defense for attempt |
| Common law murder | Murder is the unlawful killing of another human being with malice aforethought |
| Malice aforethought | (1) intent to kill (2) intent to commit a felony (3) intent to inflict great bodily harm (4) reckless indifference to an unjustifiably high risk to human life |
| First degree murder | (1) premeditated killing - defendant must have acted with intent or knowledge that his conduct would cause death (2) Felony murder (3) Homicide of a police officer |
| Homicide of a police officer | (1) Defendant must know that the victim is a law enforcement officer (2) The victim must have been acting in the line of duty |
| Second degree murder | Depraved heart - killing done with reckless indifference to an unjustifiably high risk to human life OR murders not classified as first degree murders |
| Felony murder | Any killing - even accidental - committed during the course of a felony |
| Defenses to felony murder | (1) Defenses to underlying felony, (2) Felony must be a felony other than the killing, (3) Deaths must be foreseeable, (4) Deaths caused after the D reaches a point of temporary safety, (5) not liable for death of co-felon if result of resistance |
| Voluntary manslaughter | (1) killing in the heat of passion from victim's adequate provocation, (2) provocation is one that in the mind of an ordinary person, lose self-control, (3) not have sufficient time to cool of, (4) did not cool off |
| Imperfect self-defense | If D has an honest and unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter |
| Involuntary manslaughter | (1) Killing of criminal negligence (2) Misdemeanor - Killing someone while committing a misdemeanor or un-enumerated felony |
| Cause-in-fact | Death would not have occurred but for the D's act |
| Proximate cause | D is responsible for all results that occur as a natural and probable cause of his conduct even if he did not anticipate the exact manner in which they would occur |
| Battery | Unlawful application of force to the person resulting in either bodily injury or offensive touching (does not need to be intentional) |
| Assault | (1) attempt to commit a battery or (2) intentional creation - other than by mere words - of a reasonable apprehension of imminent bodily harm |
| Aggravated assault | Assault + use of a deadly/dangerous weapon OR intent to rape/maim/murder |
| False imprisonment | Unlawful confinement of a person without his valid consent |
| Kidnapping | (1) confinement of a person with (2) some movement OR concealment in a secret place |
| Inherently dangerous crimes | BARRK - burglary, arson, rape, robbery, kidnapping |
| Larceny | (1) wrongful taking, (2) carrying away, (3) property of another, (4) by trespass, (5) with intent to permanently deprive |
| Embezzlement | Fraudulent conversion of a property of another with which he has lawful possession over |
| False pretenses | Defendant persuades owner of property to convey title by false pretenses (false representation) |
| Larceny by trick | Defendant persuades owner of property to convey possession by false representation |
| Robbery | (1) taking of personal property, (2) from another person's presence, (3) by force or threat of imminent harm, (4) with intent to permanently deprive |
| Extortion | Knowingly seeking to obtain property or services by means of future harm |
| Forgery | The making or altering of a false writing (of legal significance) with intent to defraud |
| Burglary | Breaking and entering of a dwelling of another with intent to commit a felony therein |
| Arson | Malicious burning of the dwelling of another (charring is sufficient) |
| Voluntary intoxication | A defense only to specific intent crimes |
| Involuntary intoxication | (1) unknowingly being intoxicated OR (2) becoming intoxicated under duress. Treated as insanity |
| Non-deadly force self defense | A victim may use non-deadly self-defense any time the victim reasonably believes that force is about to be used on him |
| Deadly force in self-defense | Majority - any time the victim reasonably believes deadly force is about to be used Minority rule - required to retreat (except at home, victim of rape/robbery, or police officer) |
| Original aggressor can get back the defense of self-defense | Withdraw AND communicate withdrawal OR if victim suddenly escalates minor fight into one involving early force |
| Defense of others | If he reasonably believes that the person assisted would have had the right to use force on his own defense. Majority rule - no need for special relationship |
| Duress | Defense to a all crimes except homicide if: (1) person acts under the threat of imminent infliction of death or great bodily harm (and to 3P) AND (2) belief is reasonable |
| Necessity | Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, the D reasonably believes that his conduct was necessary to avoid a greater societal harm |
| Defense of a dwelling | Deadly force may never be used solely to defend property |
| Mistake of fact | Only a defense when mistake negates intention, must be reasonable to be a defense to malice/general intent. Any mistake is a defense for specific intent crime. Never works for strict liability. |
| Mistake/ignorance of the law | Not a defense that the D was unaware that her acts were prohibited by law or that she mistakenly believed that her acts were not prohibited (even if reasonable) |
| Entrapment | Valid only if (1) criminal design originated with law enforcement AND (2) D was not predisposed to commit the crime |
Created by:
10219574676141760
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