insanity
Unable to understand what you’re doing
Cognitive
I did not commit the crime charged because I did not possess the requisite mens rea
Diminished capacity
what is the only crime that cannot be merged
conspiracy
what is more dangerous than conspiracy and why?
Solicitation, it is more intelligent and masterful.
Mens rea and actus reus of burglary
Actus Reus
Breaking and Entering
Of dwelling
Of another
At night
Without permission
Feloniously
Mens Rea
Felonious intent
Unable to understand that the action was wrong
Moral capacity
As a result of a mental abnormality, I am not fully responsible for the crime proven against me
Asking, inciting, or counseling another to commit a crime
Solicitation
requirements for conspiracy
A mutual agreement or understanding
Express or implied
Between 2 or more people
Commit a criminal act or accomplish a legal act by unlawful means
Actus Reus and Mens Rea of Larceny
Actus Reus- A) took the property of another, B) carried it away, C) without the owner’s consent
Mens Rea- D) with the intent to deprive the owner of his property permanently
Irresistible impulse or unable to control actions
Volitional incapacity
Forced competency v. Incompetent.
FC- Forced medical treatment so that the defendant will regain competency
I- Committed to mental health facility to regain competency
Intended to bring about the substantive crime but for unforeseen interruption
Very near to the accomplishment of the act
The degree of proximity may vary with circumstances
Attempt
Mens rea for accomplices
Accomplices must have whatever culpable mental state that’s required for the underlying crime, Established by proof that the actor intended to promote or facilitate that crime
actus reus and mens rea of embezzlement
AR- the right to control and dominion over something
MR- Intent to steal; Measured when the property comes to their custody or possession
Stemmed from a mental illness
You did these things bc of your mental illness
Product of mental illness test
Infancy rule
Under 7 no capacity
7-14, rebuttable presumption of criminal incapacity
At 14 treated as full responsible
four types of accomplices and their differences.
First Degree (perpetrator)
A person who Commits the actual crime
Second Degree (abettors)
One who is guilty of aiding, counseling, or encouraging in the presence of the first-degree perpetrator
Accessories as before the fact (inciters)
One who is guilty by reason of aiding, counseling, or encouraging without actually being present
Accessories after the fact (criminal protectors)
With knowledge of the other's guilt, assists a felon in the effort to hinder his detection, arrest, or punishment.
What does the MPC say about solicitation?
It is immaterial that the actor fails to communicate with the person he solicits to commit a crime if his conduct was “designed to effect” such communications
Employer/Respondent Superior liability
Generally, Employers have no responsibility for criminal activities of employees unless they consent, approve, or participate
the goal is to reform, not punish
MPC def
As a result of mental disease or defect the defendant lacked substantial capacity
1) to appreciate the criminality/wrongfulness of the conduct and
State v. Wilson (Harbors distorted perception of reality and believes under the circumstances as they perceived them that their actions did not offend societal norms even if they were illegal)
2) to conform conduct to the law.
types of evidence
Metal-disease evidence: Professional psychologists or psychiatrists
Capacity evidence: Capacity for cognition (including mens rea) opinion
MPC of attempt
punishes the attempt at the same level, except capital crime
Seriously dedicated to the commission of a crime
Disposed to criminal criminality
Failure to commit due to fortuity
how can you satisfy intent for conspiracy?
Intent based on knowledge- Direct evidence that they intend to participate OR through an inference that they intend to participate based on: Special interest in the activity or aggravated nature of the crime.
Inferred intent (Lauria)- Acquired a stake in the venture; No legitimate use for the goods or services; The volume of the business is grossly disproportionate to legitimate business; Positive knowledge of a felony and the continued provision of service
Circumstantial- Relationship, conduct, circumstances of the parties, and overt acts (Azim- friendship with parties and overt act of driving them to the scene was enough)
Corporation liability
A corporation is a legal person that may be prosecuted and convicted for the crimes of theft and forgery
Guilty for the Specific Intent Crime of an Agent- 1) the agent was acting within the course and scope of employment, 2) the agent was acting, at least in part, in furtherance of the corporate interest, 3) the criminal act was autho rized, tolerated, or ratified by corporate management