Crimes Against Person
2nd Degree Murder
Committed w/Malicious Intent (CL murder)
or
Default category if not 1st degree
A principal in the 2nd degree
Duress
BARRK
Burglary
Arson
Robbery
Rape
Kidnapping
Elements for First Degree Murder
Deliberate
Premeditated, or
Felony Murder
Burglary
Breaking &
entering
of the dwelling
of another
(at nighttime??)
w/SPECIFIC INTENT to commit a felony therein
Solicitation
Encouraging, requesting, or commanding another person to commit a crime
w/intent that the person commits the crime
*Merges w/completed crime
Renounce by thwarting
Self-Defense (4 methods)
Reasonable Force - to prevent immediate unlawful harm
Deadly Force - ONLY if reasonably necessary to 1) prevent death or seriously injury, OR 2) to prevent the commission of a serious felony involving a risk to human life
Nondeadly Force - Used to repel nondeadly attack
Imperfect Self-Defense - when the killing in self-defense is NOT justified - Reduces murder to voluntary manslaughter
Merger
Lesser included offense merge into the greater offense upon conviction
Battery
Unlawful
application of force
to another person
that causes bodily harm to that person, OR
constitutes offensive touching
Larceny
Trespass
Taking & Carrying away
of the personal property
of Another
W/SPECIFIC INTENT to permanently deprive that person of the property
Conspiracy
Agreement
Btwn 2 or more people!! (Bilateral)
to accomplish unlawful purpose
w/intent to accomplish it
*MPC allows unilateral agreements
Mistake of Fact
If reasonable mistake -> defense to both general & specific intent crimes
If UNreasonable mistake -> defense ONLY to specific intent crimes
Felony Murder
Unintented
Foreseeable
Killing
Proximately caused by
& during the commission OR attempted commission of inherently dangerous felony
Kidnapping
Unlawful
Confinement
against that person's will
couple w/either:
1) movement of that person OR
2) hiding of that person
Embezzlement
Fraudulent
Conversion
Of property of another
by a person who is in LAWFUL possession of the property
A person who aids or assists a felon to avoid apprehension or conviction after commission of the felony?
What is an accomplice after the fact?
*Only liable for separate crimes (harboring, obstruction, etc.)
Voluntary vs. Involuntary intoxication
Voluntary - knowingly consuming susbtance known to make person intoxicated - Defense ONLY to specific intent crimes
Involuntary - Unknowingly/under duress - is a defense when intoxication negates an element of general intent crime, specific intent crime, or malice crime
**May also be defense to SL crime by negating voluntary act
Factual Impossibility
Facts make it IMPOSSIBLE to commit the crime
not a defense to attempt
Voluntary vs. Involuntary Manslaughter
Voluntary = homicide committed w/malice aforethought, but also w/mitigating circumstances (heat of passion)
Involuntary = Unintentional homicide committed w/criminal negligence or during unlawful act
Elements of False Pretenses
Obtaining title to property
Of another person
Through the reliance of that person
on a known false representation of a material past & present fact
And
representation is made w/intent to defraud
The elements of attempt
Substantial step towards commission of the crime
+
specific intent to commit that crime
*Abandonment is NOT a defense after completion of the act.
*MERGES
Insanity (only the 2 relevant ones)
M'Naghten - D did not know either 1) the nature & quality of the act OR 2) the wrongfulness of that act, b/c of a defect due to mental disease
MPC - at time of conduct, D lacked substantial capacity to appreciate the wrongfulness of the act OR to confirm his conduct to law, as a result of mental disease/defect
4 types of Malice
Intent to Kill - D acted w/the desire that the victim end up dead
Intent to inflict serious bodily harm
Depraved Heart - acting with abandoned/malignant heart
Felony Murder - death occurred during the commission of a dangerous felony (BARRK)