Actus Reus
What is a Voluntary Act?
Bodily movement resulting from the effort or determination of the actor
1) Malice
2) Specific Intent
3) General Intent
Define Battery, Assault, False Imprisonment, and Kidnapping.
Battery (GI)- Unlawful application of force to another person causing bodily injury or an offensive touching.
Assault (SI) (1) Attempt Theory - An attempt to create a battery. The actor must have the present ability to effectuate a battery (2) Fear Theory - Intentionally placing another in apprehension of imminent bodily harm. Apparent ability to effectuate imminent bodily harm from the victim’s perspective is sufficient. Actual, reasonable apprehension.
False Imprisonment (GI) - Unlawful confinement of movement must be significantly restricted of a person without valid consent.
Kidnapping (GI) - False Imprisonment + movement or hiding.
Name every property crime . . . not habitation crimes. All are specific intent crimes.
● Larceny
● Larceny by Trick
● Larceny by False Pretenses
● Forgery
● Embezzlement
● Robbery
Provide a rule statement for Burglary, it's underlying felonies at Common Law, its merger doctrine, and intent requirements.
A breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein
Underlying Felonies at Common Law: Murder, Robbery, Rape, Larceny, Arson, Kidnapping.
Does NOT require commission of the underlying felony
If the underlying felony is completed, it does NOT merge in to the burglary
Intent must be formed at the time of the entering
How might you be liable for inaction?
When there is a legal duty to act, the person has knowledge of the circumstances giving rise to the duty, and it is reasonably possible to meet that duty
What are the MPC Mental States?
1) Purposefully
2) Knowingly
3) Recklessly
4) Knowingly
Define the 3 Intentional Killings: Murder, Premeditated Murder, Voluntary Manslaughter.
Murder (M)- Unlawful killing of another human being with malice aforethought. BONUS: Malice Aforethought?
Premeditated Murder (SI) - Intentional unlawful deliberate (Reflection) killing of another human after Premeditation (thought about ahead of time).
Voluntary Manslaughter (SI) - Intentional killing of another based upon adequate provocation. BONUS: 4 part test for adequate provocation.
Rule Statements for every Property Crime?
Larceny: Trespassory taking asportation of the personal property of another with the intent to permanently deprive.
Larceny by Trick - Obtaining the personal property of another through fraud or deceit with the intent to permanently deprive that person of the property.
False Pretenses - Obtaining title to the property of another through that person’s reliance on a known false representation of a material past or present fact representation must be made with the intent to defraud.
Forgery - Fraudulent making of a false writing with apparent legal significance with the intent to defraud.
Embezzlement - Fraudulent conversion of the property of another by a person in lawful possession of the property.
Robbery - Larceny from the person or presence of the victim by force of intimidation.
Malicious burning of the dwelling of another.
Damage must be caused by fire (not an explosion)
Destruction or significant damage is not necessary, but there must be more than smoke or discoloration.
Intent needed is that the structure will burn OR a reckless disregard of an obvious risk that the structure will burn.
Accidental burnings, even with criminal negligence, are insufficient.
How might a legal duty arise?
1. Statute
2. Contract
3. Special relationship (parent-child, spouse-spouse, captain-crew)
4. Voluntary assumption of care
5. Creation of the peril
Define Malice, Specific Intent, and General Intent
Malice - The intent to cause the societal harm of the actus reus or a reckless disregard of a high risk of harm.
Specific Intent - A subjective desire, specific objective, or knowledge to accomplish a prohibited result, which may be inferred from the crime itself.
General Intent - Awareness of all the facts constituting the crime, which also may be inferred from the crime itself.
Define the Unintentional killings: Involuntary Manslaughter, MPC Reckless Manslaughter, MPC EEDM, Depraved Heart Murder.
Common Law: involuntary is either an unintentional killing with criminal negligence or during the commission of a felony not covered by felony murder.
MPC Reckless Manslaughter: Unintentional killing with conscious disregard of a substantial and unjustifiable risk (weigh likelihood and magnitude)
Extreme Emotional Disturbance Manslaughter: Same as common law voluntary manslaughter, but without a cooling off period + provocation is subjective.
Depraved Heart Murder: An unintentional killing to an unjustifiably high risk to human life. BONUS: What's a case featuring Depraved Heart Murder.
Can you have a larceny when the defendant had lawful possession, but not lawful ownership at the time of the taking?
No. Lawful possession = no trespassory taking.
Asking another person to commit a crime with the intent that the person commit the crime.
Determined by an Objective Standard: If a reasonable person familiar with the context would understand it as a serious expression that another person would commit a felony.
Has to be a specific person, cannot be to a general audience. Targeted mailing to a specific group is solicitation.
Solicitation Merges into crime, conspiracy, and attempt.
Defense of Repudiation (MPC only): solicitor must renounce criminal intent and either persuade solicited to abandon the crime or prevent its commission.
What is the Actus Reus of Embezzlement?
Conversion
Define Transferred Intent and its caveats.
Rule: Intent to cause harm to one person or object transfers to unintended victims.
- Attempt crimes do not transfer
- Intent does not transfer to victim’s status
- Defenses that could be asserted against the intended victim transfer
Define Felony Murder and it's caveats.
The killing of another during an inherently dangerous felony. BARRK + Manner of Commission Rule.
Independent Felony Rule: Felony Murder cannot be based on a felony which is an integral part of the homicide. Manslaughter / Assault
Felony Murder with Merger Doctrine: The underlying felony will merge in to felony murder. Ex: if a killing occurs during a robbery, the robbery would merge in to a felony murder.
Time and Place: the predicate felony begins with conduct sufficient to constitute an attempt and ends when a place of temporary safety is reached.
Logical Nexus Requirement: Killing has to be in furtherance of a felony, not just coinciding with it. Death cannot be too remote or dependent on another’s volitional acts.
Vicarious Liability - Majority and Common Law Rule: Killing must occur by a felon, co-felon or their agent
Minority Approach: Every co-felon is vicariously liable for any death that is a foreseeable consequence of the underlying felony whoever it's caused by.
Luke works at a car rental agency. A customer pays in cash to rent a BMW for three days. Luke processes the rental, gives the customer the keys, and is supposed to place the cash in the agency’s drop-safe immediately after the transaction. Instead, Luke pockets the money, leaves for lunch, and never returns to work.
What property crime is Luke guilty of?
Luke had lawful possession - and was entrusted to hold the cash momentarily and put it in the safe. He did not, which represents an inappropriate use of property, held pursuant to a trust agreement, which causes a serious interference with the owner’s rights to the property. Therefore, he is guilty of embezzlement.
Conspiracy and it's caveats
An agreement between two or more parties to commit a crime with the specific intent that the crime be committed.
Common Law: No unilateral conspiracies
MPC: Conspiracy allowed when one party feigns agreement. (Undercover cop)
MPC ONLY: an overt act constituting a substantial step be committed (anything more than mere preparation).
Mens Rea is the specific intent that the crime be committed (the mental state of the underlying crime doesn’t matter)
Vicarious Liability: Federal / Majority / Common Law (A conspirator is responsible for a crime committed by other conspirators if it's in furtherance of the conspiracy; AND the crime was a natural and probable consequence of the unlawful agreement.
Vicarious Liability: MPC and Minority View (Conspirator is not criminally liable for underlying crimes unless they aid in the commission of that crime.)
What is the Actus Reus of Conspiracy?
Agreement
Define each MPC Mental State
1. Purposely - Conscious objective to engage in certain conduct or cause a certain result.
2. Knowingly - Aware of the conduct or that certain circumstances exist.
- Willful Blindness Doctrine applies here as deliberate ignorance is equally culpable as positive knowledge
3. Recklessly - Conscious disregard of a substantial and unjustifiable risk that circumstances exist or a result will follow, and the failure constitutes a substantial deviation from the standard of care
4. Negligence - Fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and failure constitutes a substantial deviation from the standard of care
Define the different jurisdictional interpretations of Depraved Heart Murder. Majority and Minority.
Majority and MPC Rule: Liability only when the actor is actually aware of the risk.
Minority: liability only when a reasonable person would be aware of the risk.
Luke ask if Alex can exchange a $10 bill for two $5 but the $5 bills Alex gives Luke are fake. What crime has Alex committed against Luke.
False Pretenses
Attempt
An overt act towards the commission of a crime (Common Law: Dangerously close. MPC: Substantial step) with the specific intent that the crime be committed.