criminal law, generally
what are elements of every crime?
1. act
2.mental state
3.concurrence-->act+mental state exist @ same time
4.harmful result
5. causation --> D caused harmful act
what are the specific intent crimes?
Solicitation
Conspiracy
Attempt
First-Degree Murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery
what are malice crimes?
murder(2nd degree & reckless indifference) & arson
what is larceny?
Common law larceny requires a wrongful taking
, a carrying away of property of another
by trespass
with intent to permanently deprive.
what 2 defenses are ONLY available to specific intent crimes?
1. unreasonable mistake of fact &
2. vol intox
what crimes DO merge? & what crime does NOT merge?
1. solicitation & attempt merge..
2. conspiracy does not merge..
what is considered 1st degree murder?
1. premed killing or
2.felony murder or
3.homicide of a PO
what is 2nd degree murder?
depraved heart killing or a killing done w/ reckless indifference to an unjustifiably high risk to human life or murders that are not classified as 1st degree..
an embezzler doesn't have to get the ________.
the 4 tests for insanity are:
(1) M’Naghten rule: At the time of his conduct, De- fendant lacked the ability to know the wrongful- ness of his actions or understand the nature and quality of his actions.
(2) Irresistible Impulse: Defendant lacked the ca- pacity for self-control and free choice.
(3) Durham Rule: Defendant’s conduct was a product of mental illness.
(4) Model Penal Code: Defendant lacked the ability to conform his conduct to the requirements of law.
1. purposely: conscious objective
2.knowingly: aware
3.recklessly: conscious disregard/substantial/unjustifiable risk
4.negligently: fails/substantial/unjustifiable risk
what are the inchoate offenses & their elements?
1. Conspiracy is an agreement, with an intent to agree, and an intent to pursue an unlawful objective.
2.Solicitation is asking someone to commit a crime. The crime of solicitation ends when you ask them
3.Attempt is: (1) Specific intent plus (2) overt act in further- ance of the crime.
D catches her husband, who she just married, in bed with her sister, naked. Immediately, she snaps out and ends up killing her husband. What crime is she likely to be charged with & what are the elements to that crime?
Vol man:
1. killing in heat of passion resulting from ad prove by vic
2.prov of sudden & intense passion would also occur in the mind of an ordinary person & make them lose control
3.no sufficient time for a reasonable person to cool &
4.D did not cool off.
what is the difference between false pretenses & larceny by trick?
false pretenses --> conveyance of title
larceny by trick --> only possession is obtained
what are the 3 exceptions to the minority rule to retreat:
(1) no duty to retreat from your home;
(2) no duty to retreat if you are the victim of a
rape or a robbery; and
(3) police officers have no duty to retreat.
what are the elements to murder?
Murder is the unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is:
Intent to kill; or
Intent to commit a felony; or
Intent to inflict great bodily harm; or
Reckless indi?erence to an unjustifiably high risk to human life.
D is on trial for felony murder, what would be your ideal arguments, to negate the elements of felony murder & get him off?
1. the death was NOT foreseeable
2. the death occurred AFTER D reached a point of temp safety
3. Death was of a co-felon (under CL)
D is on trial for running over a child due to her being on her cell phone while driving. what crime is she likely to be charged with & what are the elements?
Invol Man.
1. killing of a crim neg or
2. mis man - killing someone while committing a mis or an un-enumerated felony.
D really wants a pair of red bottoms. She knows her mom has a nice pair that is just her size. Unfortunately, her mom does not like to share. Knowing her mom is severely allergic to peanuts, she approach her mother with a pb & j sandwich and says if u don't give me those red bottoms, I am going to shove this down your throat. The mother complies and gives her the red bottoms. What crime can she be charged with?
Robbery: The taking of personal property of another from the other person’s presence, by force or threat with the intent to permanently deprive him of it.
D is on trial for burning down his neighbor's house. He claims that he thought it was his other neighbor's house, the one who always takes his parking spots. Does D have any defense to burning down his neighbor's house?
No, unless this is deemed a REASONABLE mistake of fact.
asron = malice crime.
unreasonable mistake of fact --> only a defense to specific intent crimes.
who are the parties to accomplice liability & what is the scope of their liability?
Principal: one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result.
Accomplice: one who aids, advises, or encourages the principal in the commission of the crime charged.
Accessory after the fact: one who receives, comforts or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.
scope: An accomplice is responsible for the crimes she com- mitted or aided/advised/encouraged and for any oth- er crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable and foreseeable.
D is furious because she finds out her professor failed her, even though she did all her work. She waits for her professor to get out of work so that she can approach him. She truly desires to slap him. Nonetheless, when he comes out all she does is tells him he should go to hell and that she hopes he gets hit by a car. Can she be charged with any crime? if so, what crime?
No. cannot be assault b/c no attempt to commit a better or any intentional creation of a reasonable apprehension of imminent bodily harm. Just mere words.
D is drunk as hell after taking way too many shots. While drunk, D runs into her ex bf who cheated on her. She decides that he deserves a good slap, and gives him one, which results in his lip being busted. What crime is she probably going to be charged with & does she have a valid defense? if so, which & if not, why not?
Battery b/c unlawful application of force resulting in either bodily injury or offensive touching. no valid defense. vol intoxication is only a defense to specific intent crimes & battery is a general intent crime.
I know my neighbor never locks his back door. I decide I can take advantage of this and sneak into his house to steal all his jewelry. once it is dark & everyone is asleep, I open the door and and steal the jewels. Can I raise any defense to burglary?
No. this is an actual breaking. was not wide open therefore used force.
Rule: Breaking and entering of a dwelling of another at night with the intent to commit a felony therein.
A man sees a stranger being beaten up in the street by D. the man comes to the stranger's aid and starts beating up D to protect the stranger. D says, " ok, ok, stop" and puts his hands up. Instead of stopping, A pulls out a gun. D then grabs then gun and shoots A. Does D have a defense? How so?
yes. self-defense.
A victim may use deadly force in self-defense any time the victim reasonably believes that deadly force is about to be used on him.
To get back the defense of self-defense, the original aggressor must:
(1) Withdraw, and
(2) Communicate that withdrawal.