ONE SHEET- CRIMINAL LAW
ACTUS REUS – guilty hand 1) voluntary conscious act causing an unlawful result OR 2) omission, if there is a legal duty to
act (def must be physically able to act)
MENS REA- guilty mind levels
1) purpose – conscious objective to bring about prohibited result
2) knowledge – knows with almost absolute certainty will produce prohibited result
3) intent – acts with purpose and knowledge
(INCHOATE OFFENSES- intent means purpose only)
4) recklessness-aware that conduct creates unjustifiable risk, but ignores and does it anyway
5) criminal negligent-unjustifiable risk w/o subjective awareness of doing so, but reasonable person would have- requires
gross deviation from normal SOC
INTENT- general- only requires a desire or state of mind to do the prohibited act- reckless or criminally negligent
Specific- requires proof that defendant intended to produce a specifically prohibited harm. INCLUDES PURPOSE OR
KNOWLEDGE.
STRICT LIABILITY crimes- need no mens rea, ACT + RESULT = guilt. Mistake no defense.
CONCURRENCE-not necessary that mens rea and act occur at exactly at same time, but mental state must inspire the act.
CAUSATION- must be actual cause and proximate cause. 3 kinds, BUT FOR, SUBSTANTIAL FACTOR ACCELERATION
(happens a lot in the mercy killing situation)
PROXIMATE cause only in doubt when there is a supervening cause
CRIMES AGAINST PERSONSHOMICIDE-unlawful killing of another human being with malice (unlawful means without justification or excuse)
WITH MALICE MUST BE MURDER, intentional or unintentional
MALICE- EXPRESS- purpose, OR knowledge, OR, intent to inflict grievous bodily harm IMPLIED- def caused death as result
of extreme recklessness or criminally negligent conduct, wanton disregard for value of human life. , even when killing
unintentional, and implied under a felony murder category
ANY UNLAWFUL KILLING + MALICE = MURDER, even if defendant did not set out to kill or expect that their conduct would.
- At common law, if victim dies more than a yr later, death was unforeseeable – MODERN LAW- eliminated this rule.
- EVEN IF DEF not personally do the killing, can be liable if, accomplice, conspiracy, substantial factor and co-felony liability.
APPROACH
GENERALLY
1. to determine if crime, find
guilty mind that moved guilty
hand, causing bad result
( unless strict liability)
without justification.
Homicide- Look for actual
cause of death, proximate
cause of death, and whether
any defenses or excuses. If
unlawful,
1) expected to kill or not
2) if intended, any eraser?
3) if no, P and D?
THEFT CRIME
1. how obtain? Trespass,
delivery or trick
2. acquire possession or title
3.
formed
intent
to
permanently
deprive
at
some time while in unlawful
possession of the property
Depraved heart-reckless or gross neg conduct, causing extreme risk, with wanton disregard for human life.
Felony murder –
unintentional killing proximately caused during the commission of a serious or inherently
dangerous felony. malice automatically established if murder occurs during 1) right type of felony either enumerated in
statute or independent of killing and inherently dangerous. 2) And right connection to the felony, foreseeably outgrowth of the
felony and 3) right time received injuries during, attempt, commission, or immediate flight from the felony
Co-felon liability- majority agency rule –each felon is the agent of the other
----Difference between 1st and 2nd degree- 1st requires premeditation and deliberation, or special circumstances, eg, killing child,
torture, lying in wait or a police officer, poison, MUST HAVE INTENT TO KILL, SPECIFIC INTENT
Voluntary manslaughter- intentional killing, but mitigated by adequate provocation negating malice
“heat of passion” ordinary person could lose self-control, mere words not enough, must be causal connection between
provocation and killing, and time in between cannot be long enough that the reasonable person would have cooled off.
Also available for VM- diminished mental capacity short of insanity, unreasonable judgment of self-defense, it wont get you
acquittal, but not murder
Involuntary Manslaughter- unintentional killing resulting from unjustifiable risk creation recklessness or gross neg.
that isn’t sufficient to rise to implied malice.
D aware of rick, and ignores= recklessness, D unaware, but reasonable person would be= crim neg
Misdemeanor manslaughter-minority of states,- when murder occurs during inherently dangerous misdemeanor
Battery- intentional application of force to a person( gen intent) elevates to aggravated if causes serious harm, or uses
deadly weapon, or batters protected class, like kids, spouse or police officer DEFENSES consent, defense of self and others
as long as proportional, or to prevent a crime, as long as proportional force
Assault (2 types) 1) failed battery- ( victim need not be aware) 2) fear of an imminent battery- reasonable apprehension –
words insufficient- aggravated if def uses dangerous weapon, intent to rape or murder, or victim protected by statute
Mayhem- old common law crime dismemberment or disable victims ability to fight – many juris. Call this aggravated battery
False imprisonment- intentional confinement
Kidnapping- CL-unlawful restraint by force to send to another country MODERN- suffices to take to another location
or concealed( if victim not moved, not kidnapping)
Rape- CL carnal knowledge of woman not wife against will with force or threat of force MODERN
Force of penetration sufficient, and doesn’t have to be a woman, and can be against a wife STATUTORY- strict liability
intercourse with female under 16= rape even if victim expresses consent, and even if D mistaken about age
Bigamy-strict liability- marriage to more than one person lack of knowledge about other marriage is not a defense
Incest- sex between close relations, degree of closeness varies
CRIMES AGAINST PROPERTYTHEFT CRIMES- must have intent to permanently deprive
Larceny-unlawful taking of property of someone else’s property, and carrying away, with intent to permanently deprive
MNEUMONICS
Felony murder crimesBARRK-burglary,
arson,
rape robbery kidnapping
specific
intent
crimes
SCAB
FARM
ELFSolicitation,
conspiracy,
attempt,
battery,
fraud,
assault,
rape,
murder,
embezzlement,
larceny,
forgery
No intent to perm, deprive, or honestly believes is his, no larceny
Embezzlement-unlawful conversion of property in YOUR possession with intent to steal. Some action toward property
which seriously interferes with the rights of the owner. (slight movement or limited use not sufficient) Honest belief that def has
right to property can negate intent, or if no intent to permanently deprive.
Theft by false pretenses- false representation of material fact, which causes victim to pass title to property through fraud
INTENT TO DEFRAUD
Larceny by trick-form of larceny where def obtaining possession, NOT TITLE, by fraud with intent to steal.
Extortion- obtaining property of another by threats of future harm to victim or his property
Robbery-larceny by force or threat of force, honest belief of right negates intent to steal- force must be contemporaneous
with the taking.
Receiving Stolen Property-receive stolen property, know by def to be stolen, intent to perm. Deprive.
Forgery-fraudulent making of false writing with apparent legal significance and intent to make wrongful use.
Alteration must be material.
CRIMES AGAINST HABITATIONBurglary- CL- B&E of dwelling of another at night with intent to commit felony therein MODERN- BREAKING use of
force to create opening sufficient, and even slightest enlargement of an opening is enough, night not a requirement, a
constructive entering ok, and even if by fraud. ENTERING and portion of the body inside structure, use of tool sufficient, does
not have to be dwelling any more. MUST require to commit a felony at the time of the breaking. SIMULTANEOUS FELONIOUS
INTENT.
Arson- CL- malicious act creates considerable risk of dwelling of another MODERN- dispensed with dwelling requirement
INCHOATE CRIMES-( incomplete) all specific intent
Solicitation-SPECIFIC INTENT TO enticing, encouraging another to commit a target offense, incl misdemeanors, offense
complete at communication. If other commits , solicitation merges into that crime and not solicitation
Attempt- SPECIFIC INTENT(purpose) to bring about a criminal result, must have overt act in furtherance( moving preparation
into perpetration) MPC- substantial step towards crime DEFENSES- abandon- must be voluntary and complete, leg impossthink act is illegal but not,(NOT A DEFENSE fact imposs- illegal, but def cant do it, IE gun broken)
Conspiracy- SPECIFIC INTENT to agree and purpose to commit unlawful act CL- no overt act needed MODERN- overt
act in furtherance of obj, req. moving from thought to preparation.
Pinkerton crimes- each co-conspirator liable for the foreseeable outgrowth of the conspiracy committed in furtherance of the
goal CONSIDER- CL needed 2 guilty to make conspiracy, MDOERN- unilateral ok ( ie conspire with false friend)WHARTON
RULE- cannot be convicted of conspiracy if the crime required more than one person as an element DEFENSES- complete
and voluntary w/d exempts from future crimes of the conspiracy, but renunciation ( thwarting consp goal) defense to conspiracy
itself
Accomplice liability- criminally liable as accomplice if facilitates principle in commission or attempt, including encouragement.
WITH PURPOSE to bring about the crime. Liable for all foreseeable outgrowths of primary crime. DEFENSES- CL- timely
notice to principle they’re out MPC- must render their assistance useless, warn police or other effort to thwart. Accessory
before the fact aids, but not at scene. After fact, proof required that 1) felony was committed 2) accessory knew of felony 3)
personally gave aid to hinder apprehension, conviction or punishment,
Defenses 2 kinds- JUSTIFICATION - action normally illegal, but not under these circumstances EXCUSE- still unlawful but
excused
EXCUSES- Insanity- if D legally insane at time if crime, no criminal liability Four insanity tests 1) M’ Naughten- if D either
did not know what he was doing was wrong, OR incapable of understanding the nature and quality of act ( ie thought gun was
tv remote) 2) Irresistible impulse rule-even if D knew it was wrong as result of mental disease or defect, could not control an
irresistible impulse. 3) MPC- combines , and allows finding under wither M’Naughten or impulse rule 4)Durham – legally insane
if act a “product” of mental disease or defect. Intoxication INVOLUNTARY a total defense Voluntary- only will remove
specific intent down to general intent Duress- excuses crim conduct when reasonable believes only way to avoid death or
bodily harm NOT typically a defense to murder, except felony murder
JUSTIFICATION DEFENSES- Self defense- ASK WAS IT REALLY NECESSARY? D must be in imminent harm and use only
proportional force DEADLY force only permitted in response to imminent threat of grievous B.I.
RETREAT rule- CL “retreat to the wall” MODERN- most states repealed. Never have to retreat form own home, auto or office
Defense of others- same as of self, even of mistakenly uses force against the initial victim. Defense prop- NON deadly
force, if def has reasonable belief property in imminent danger, and proportional force used. Necessity- like tort defense of
necessity.. ie could destroy property to avoid a greater harm