Term
| Basic Elements of a Crime |
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Definition
1. Voluntary act (actus reus)
2. Culpable Intent (mens rea)
3. Concurrence between mens rea and actus reus
4. Causation of harm |
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Term
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Definition
| Greatest good for greatest number. Want to reduce future crimes, deter criminals and society. |
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Term
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Definition
| Punish moral culpability. There is no wanting to reduce crime. |
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Term
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Definition
1. Death
2. Criminal agency is cause of death
3. AND the person charged is person who committed crime. |
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Term
| Intent to kill (malice aforethought) |
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Definition
1. desire to kill OR
2. substantially certain death will occur |
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Term
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Definition
1. killing
2. during commission or attempt of another felony.
Felonies: F-BARRK |
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Term
| Independent Felony/Merger Limitation |
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Definition
| felony murder rule only applies if predicate felony is independent of homicide. If not, then felony merges w/ homicide and cannot serve as basis for felony murder. |
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Term
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Definition
| Extreme indifference to human life |
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Term
| Intent to cause great bodily harm Murder |
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Definition
| example: A hits B in knee caps w/ baseball bat, which causes B to die. |
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Term
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Definition
1. unintentional killing
2. criminal negligence
Example: A shoots B w/ gun he truly believed was not loaded. |
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Term
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Definition
1. Intent to kill
2. committed in heat of passion (would cause reasonable person to loose control)
3. Legally sufficient provocation (something reasonable person could not handle)
4. No cooling off period |
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Term
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Definition
1. Willful, deliberate, and premeditated (lying in wait, poisoning, etc)
2. Felony murder (F-BARRK) |
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Term
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Definition
1. intent to cause great bodily harm murder
2. depraved heart murder
3. felony murder (other dangerous felonies). |
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Term
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Definition
1. Purposely (conduct w/ intent to cause death of another)
OR
2. Knowingly (conduct w/ knowledge that death of another is practically certain)
OR
3. Reckless + (conscious disregard of substantial and unjustifiable risk that death will result w/ extreme indifference to human life) |
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Term
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Definition
| extreme indifference to human life during commission of F-BARRK felonies where death occurs |
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Term
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Definition
1. Conscious disregard of substantial and unjustifiable risk that death will result from conduct
2. OR Occurred as a result of EMED for which there is a reasonable explanation (could be subjective or objective) |
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Term
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Definition
1. D should be aware conduct will result in substantial and unjustifiable risk of death
2. AND conduct involves gross deviation from reasonable person standard. |
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Term
| Common Law Rape (general intent) |
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Definition
1. Unlawful Carnal Knowledge
2. w/ a female
3. by force
4. against her will
5. mens rea (intent to complete penetration) |
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Term
| Common Law Statutory Rape (strict liability) |
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Definition
1. unlawful carnal knowledge
2. w/ a girl
3. under a certain age (<10 at common law)
4. Even if she consents |
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Term
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Definition
1. penetration
2. w/ victim
3. resistance not necessary
4. w/o permission
5. Mens rea (intent to penetrate) |
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Term
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Definition
1. Harmful or Offensive contact
2. intent OR criminal negligence (like KOSC)
3. Causation |
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Term
| Attempted Battery Assault |
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Definition
1. Intent (no criminal negligence)
2. to cause harmful or offensive contact
3. Contact does not occur (V does not need to be aware) |
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Term
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Definition
1. Intent or criminal negligence (like KOSC)
2. to cause apprehension of harmful or offensive contact
3. V experiences apprehension (V must be aware) |
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Term
| Common Law Kidnapping (general intent) |
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Definition
1. Forcible movement or secret confinement
2. against victim's will
3. w/o lawful authority
4. Intent to cause movement or secret confinement |
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Term
| Kidnapping by natural adoptive parent (specific intent) |
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Definition
1. Take/retain child >24 hours
2. away from parent/legal guardian who has custody/parenting rights |
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Term
| Common Law Burglary (specific intent) |
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Definition
1. Breaking
2. Entering
3. Dwelling
4. of another
5. at nighttime
6. w/ intent to commit felony or larceny |
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Term
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Definition
| any structure used for human habitation and any outbuildings w/ in curtilage. |
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Term
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Definition
1. Malicious
2. Burning
3. Dwelling
4. of another |
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Term
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Definition
| Intent or reckless disregard (objective, reasonable person standard) |
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Term
| Common Law Larceny (specific intent) |
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Definition
1. trespassory (w/o consent of possessor)
2. taking (securing dominion)
3. Asportation
4. personal property
5. of another
5. intent to permanently deprive |
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Term
| Forms of Trespassory taking |
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Definition
1. Taking
2. Obtain consent by fraud (larceny by trick)
OR 3. Mistake (know about mistake and don't say anything) |
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Term
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Definition
| Has restricted right of possession |
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Term
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Definition
| Reasonably unrestricted possession |
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Term
| Common Law Embezzlement (specific intent) |
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Definition
1. Fraudulent (under false pretenses)
2. conversion (manner inconsistent w/ entrusted arrangement.
3. of property
4. of another
5. by one who is already in lawful possession
6. intent |
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Term
| False Pretenses (specific intent) |
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Definition
1. False representation (misrepresentation to matter of fact)
2. of a material present or past fact
3. Causes victim to pass title of property to D
4. Intent |
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Term
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Definition
1. trespassory
2. taking (securing dominion)
3. asportation
4. personal property
5. of another
6. w/ intent to permanently deprive
7. taken from person or person's presence
8. w/ force or fear of bodily injury |
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Term
| When do you have a legal duty to act? |
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Definition
1. statute (income tax, reporting accident)
2. K w/ obligation to act (lifeguard, nurse)
3. Special relationship (parent, spouse)
4. Voluntary assumption (beginning rescue) |
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Term
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Definition
D must commit sufficient overt act beyond mere preparation
Merges into completed defense. |
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Term
| MPC Test for Attempt (majority) |
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Definition
| act or omission of act must be a substantial step in course of conduct planned to culminate in commission of crime. |
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Term
| Common Law Test for attempt (minority) |
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Definition
| conduct is w/in dangerous proximity of success. |
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Term
| Actions considered to be attempt |
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Definition
| following, lying in wait, surveillance of location where crime will be committed, possession of materials necessary for commission, attempting to coerce V to place where crime will be committed |
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Term
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Definition
Not a defense to attempt.
Intended goal is crime, but not committed due to factual mistake unknown to D. |
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Term
| Inherent Factual Impossibility |
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Definition
| Method used to accomplish crime was one that a reasonable person would view as completely inappropriate for goal (may be a defense) |
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Term
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Definition
Non-crime w/ guilty conscious.
Example: A produces alcohol just after prohibition has been repealed, but A thinks he is breaking law. |
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Term
| Hybrid Legal Impossibility |
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Definition
illegal act, but does not meet all elements
Example: A shoots B, but B is already dead. |
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Term
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Definition
| If a D has required intent and gone beyond mere preparation, he may not escape liability. |
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Term
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Definition
| could be a defense if fully voluntary and there is complete abandonment. |
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Term
| Solicitation (specific intent) |
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Definition
1. D invites, requests, commands, hires, or encourages
2. another
3. to engage in criminal activity or breach peace
4. intent
Merges into crime/attempt |
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Term
| Common Law Conspiracy (specific intent) |
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Definition
1. agreement
2. between 2 or more
3. to commit crime
4. intent
Does not merge |
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Term
| Pinkerton rule for conspiracy (common law) |
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Definition
| co-conspirators are liable for the acts committed by each other that are in furtherance of crime or reasonably foreseeable |
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Term
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Definition
1. intentionally assists perpetrator w/ commission of offense
2. not present at commission of offense. |
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Term
| Principal in 1st degree (perpetrator) |
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Definition
1. w/ mens rea required for act
2. commits actus reus or commits act through innocent instrumentality |
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Term
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Definition
1. intentionally assists perpetrator w/ commission of offense
2. while in perpetrator's actual or constructive presence. |
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Term
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Definition
1. crime committed by another
2. D knew of commission
3. gave aid for perpetrator to avoid apprehension, conviction, or punishment |
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Term
| What are possible actus reus' possible for accomplice liability? |
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Definition
1. physical conduct
2. psychological encouragement OR
3. omission. |
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Term
| mens rea for accomplice liability |
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Definition
| intent OR recklessness Ex: A tells B to speed up in school zone and B hits child. A would be an accomplice. |
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Term
| Legislative Exemption for accomplice liability |
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Definition
| Example: A has sex w/ 12 year old girl w/ her permission. Since statute is meant to protect girl, she cannot be prosecuted under it. |
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Term
| Abandonment for accomplice liability |
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Definition
| D must repudiate all that is possible to prior assistance and before chain of events become possible. |
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Term
| can an accomplice be found guilty for crimes committed by other accomplices? |
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Definition
| Yes, if the secondary offense is a natural and probable consequence of the crime aided and abetted. |
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Term
| determine if strict liability applies |
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Definition
1. Is offense civil or a "true crime"?
2. If a civil offense, has the wording of the enactment added a mens rea requirement of some nature?
3. If a true crime, has the wording of a statute eliminated the mens rea requirement (and if so, what is the effect.
3. Historical tx (has crime always been treated as strict liability?)
4. Stigma and punishment
5. Legislative intent (did it intend to make strict liability)
6. Structure of statutory scheme |
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Term
| Under MPC, can withdrawal be a defense to conspiracy itself? |
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Definition
| Yes, but the D would have to be able to successfully thwart crime from occurring. |
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Term
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Definition
Intent: what someone meant to do.
Motive: why someone did it. |
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Term
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Definition
meeting of actus reus and mens rea
Non-example: A is thinking of way to kill B when B darts in front of his car and B is killed. |
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Term
| Insanity (complete defense) |
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Definition
1. MDD at time of act
2. Causation between MDD and commission of crime |
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Term
| M'Naghten Rule (majority view) |
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Definition
1. did not know nature and quality of act he was doing OR
2. he did not know what he was doing. |
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Term
| Irresistible Impulse test (AKA volitional test) |
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Definition
| D knows right from wrong, but is unable to control conduct. |
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Term
| Durham Test (virtually non-existent) |
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Definition
| would not have committed act had it not been for MDD. |
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Term
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Definition
Lacked capacity, due to MDD, to:
1. appreciate wrongfulness of conduct OR
2. to conform his conduct to requirement of law. |
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Term
| Federal Insanity Defense Reform Act |
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Definition
as the result of a severe MDD he was unable to appreciate:
1. the nature and quality of his conduct OR
2. the wrongfulness of his conduct. |
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Term
| Who has burden of Proof under Federal IDRA? |
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Definition
| Insanity is an affirmative defense under IDRA. |
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Term
| Guilty but mentally ill (a verdict) |
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Definition
1. D is guilty of offense
2. D was mentally ill at time of crime
3. D was not insane at time of crime. |
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Term
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Definition
| a defendant’s abnormal mental condition, short of insanity. |
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Term
| What are applications of diminished capacity? |
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Definition
1. majority: may negate mens rea of specific intent crimes.
2. MPC: can negate mens rea of any crime
3. States don't allow at all |
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Term
| Types of involuntary intoxication (affirmative defense) |
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Definition
1. coerced intoxication
2. Intoxication by innocent mistake
3. Unexpected side effect from medication
4. Pathological Intoxication |
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Term
| Pathological Intoxication |
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Definition
| a temporary psychotic reaction, often manifested by violence, which is triggered by consumption of alcohol by a person with a pre-disposing mental or physical condition. The defense only applies if the defendant had no reason to know that he was susceptible to such a reaction. |
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Term
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Definition
| BAFLEPAACKS: burglary, assault, false pretenses, larceny, embezzlement, pre-meditated murder, attempt, armed robbery, conspiracy, kidnapping, solicitation. 2nd degree murder, depending on language in statute. |
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Term
| when can mistake of fact be a defense to a specific intent crime? |
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Definition
| when it is an honestly entertained mistake |
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Term
| when can mistake of fact be a defense to general intent or negligent crimes? |
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Definition
1. when mistake is honestly entertained AND
2. mistake is based on reasonable grounds. |
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Term
| when can mistake of fact be a defense to strict liability crimes? |
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Definition
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Term
| when can consent be a defense? |
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Definition
1. consent voluntarily given
2. party legally capable of consenting
3. no fraud |
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Term
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Definition
1. Another person issued a specific threat to kill or grievously injure the defendant or a third party
2. actor reasonably believed threat was genuine.
3. Threat was imminent AND impending
4. No reasonable escape from threat
5. actor was not at fault exposing himself to threat |
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Term
| compulsion/duress under MPC |
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Definition
1. D was compelled by the use, or threatened use, of unlawful force by the coercer upon his or another person AND
2. a person of reasonable firmness in his situation would have been unable to resist the coercion |
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Term
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Definition
focuses on act.
Examples
Self-defense
Defense of others
Defense of property and habitation
Use of lawful force
Necessity |
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Term
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Definition
focuses on actor
examples
compulsion
insanity
intoxication
diminished capacity
mistake of fact
mistake of law |
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Term
| What is the general rule for use of force? |
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Definition
| any amount of non-deadly force is privileged to prevent the commission of such an offense if it is reasonably believed to be necessary. |
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Term
| Ceballos rule for defense of habitation |
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Definition
1. honest and reasonable fear
2. that felon poses threat of death or GBH |
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Term
| MPC rule for defense of habitation |
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Definition
1. honest belief
2. that felon poses threat of death or GBH |
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Term
| "make my day" defense of habitation |
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Definition
1. honest and reasonable fear
2. that felon might use any physical force
3. no matter how slight |
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Term
| Police Use of Deadly Force |
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Definition
1. has probable cause to believe that the suspect poses a threat of death or serious physical injury to officer or others AND
2. such force is necessary to make the arrest or prevent escape |
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Term
| Proportionality Limitation |
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Definition
| not justified to use force that is excessive in relation to harm threatened. |
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Term
| Aggressive doctrine limitation |
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Definition
| Generally,one who is aggressor in encounter may not avail himself to self defense. |
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Term
| Reasonable perception limitation |
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Definition
justified in using force to protect self if
1. subjectively believed force is necessary
2. AND has objectively reasonable grounds for belief |
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Term
| Imminent threat limitation |
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Definition
may use self defense if
1. reasonable fear
2. of imminent threat. |
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Term
| Reasonableness of Response Limitation |
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Definition
| D cannot use more force that what reasonably appears to be necessary to neutralize threat. |
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Term
| Majority rule of duty to retreat |
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Definition
| person other than initial aggressor may use deadly force in self defense, even if could be avoided by retreating. |
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Term
| Minority rule of duty to retreat |
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Definition
1. Must retreat if can do so safely unless
2. in home or place of business |
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Term
| Common Law Imperfect Privilege of self defense or of others(mitigating circumstance to reduce crime) |
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Definition
| cannot meet all elements required of self defense, but meets some, and this may reduce murder charge. |
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Term
| MPC Imperfect Privilege for self defense or of others |
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Definition
| evaluated in terms of the defendant’s subjective belief in the necessity of using the force or other material circumstances. |
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Term
| Alter Ego Rule of Defense of others |
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Definition
| one should step into shoes of those they are defending and if that person would have been justified in self defense. |
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Term
| Reasonable Belief Rule of defense of others |
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Definition
| must reasonably believe whom he is defending is not aggressor (majority rule) |
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Term
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Definition
1. D was induced by to commit crime
2. by government agent
3. would not have committed crime w/o inducement
4. Government agent wanted to obtain evidence. |
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Term
| Subjective test of entrapment |
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Definition
focuses on predisposition of criminal. P must prove predisposition beyond reasonable doubt.
Submitted to jury |
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Term
| Objective (MPC) test of entrapment |
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Definition
focuses on police if they caused an otherwise innocent person to commit crime.
Question of law for judge
D has burden of proof by preponderance. |
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