Murder
Common Law Murder
-Intent to kill
-Intent to GBH
-Depraved Heart
-Felony Murder
Rape at CL Elements
1. unlawful carnal knowledge
2. w/ a female
3. By force
4. Against her will- fight to the upmost
5. Mens Rea- General Intent
Larceny by Continuous Trespass
No intent to take at the moment but you develop the intent to permanently deprive after the fact.
Larceny Defense
Claim of right: provides that a godd faith belief even is mistakenly held if he has a right or claim to property he takes from another negates felonious intent needed for theft and robbery
Defense of Property
CL- a person may not use deadly force solely to protect property (human life worth more than property) Can use non-deadly force as reasonably necessary for:
Prevention of crime
Security of home
Deterrence
Murder 1st and 2nd
First: willful, or deliberate, or premeditated, or felony murder (listed felonies)
Second: intent to kill, or intent to gbh, or depraved heart, or felony murder (felonies not listed under murder 1)
Battery Elements
1. Harmful or Offensive touching, OR Offensive contact
2. Intent to cause harmful or offensive contact, OR criminal negligence (serious deviation from the standard of care of a reasonable person)
What's the difference between Larceny by Trick and Larceny by False Pretenses?
Larceny by trick is being cheated out of something by making you think they will return it and False pretenses is making someone think you own it, giving title.
MPC Abandonment
True change of heart
When the actor’s conduct would otherwise constitute an attempt… it is an affirmative defense that he abandoned his effort to commit the crime... under circumstances manifesting a complete and voluntary renunciation of his criminal purpose
Defense of Habitation CL+MPC
1. CL- home dweller may use deadly force upon another person if he reasonably believes that such force is necessary to prevent an imminent and unlawful entry of his dwelling (reasonable person standard)
2. MPC Defense of Habitation- use of deadly force is not justifiable unless the actor believes that:
A. Person is attempting to commit arson, burg, robb, or other felonious theft or property destruction AND
B. Has employed or threatened deadly force
C. The use of force other than deadly force would expose the actor to a substantial danger or bodily harm
1. Involuntary Manslaughter + 2. Voluntary Manslaughter
1. -High risk of death or gbh
-Knew or should have known death or gbh would occur
-Substantial departure from reasonable person standard
2. -Intentional killing
-During heat of passion
-b/c of legally sufficient provocation (see spouse cheating, crime against a relative, mutual combat)
-w/ no reasonable cooling off period
Assault Elements (2 types)
1. Attempted battery type assault (does not require apprehension), or
2. Frightening type assault (needs apprehension)
Robbery Elements
Trespassory
Taking and Carrying Away
Personal Injury
Of another
W/ intent to permanently deprive and,
Taken from a person or person’s presence
By means of force or fear of bodily injury
CL Duress Defense
Δ is threatened by another person w/ death or serious injury to commit the crime
Threat from a human being
Death or serious bodily harm- threat to property, reputation, economic, hardship is insufficient
Must be operating on the actor’s will @ time of criminal act
Has to occur immediately unless the actor complies
Directed @ Δ or Δ family (some courts have broken from this limitation)
Make my Day” statute + it's modern trend
any occupant of a dwelling is justified in using any degree of physical force, including deadly force against a person who has made an unlawful entry and when occupant has reasonable belief that person might use any physical force no matter how slight against any occupant.
Specific for intrusion to a dwelling
Deadly force is authorized if actor has reasonable fear that felon might use any physical force, no matter how slight
>Modern Trend- a reasonable person standard in the actor’s shoes. What would a reasonable person do who know what the actor knew at the time.
MPC Manslaughter
1. Recklessly (consciousness disregard), OR
2. Extreme Mental or Emotional Disturbance (EMED) w/ reasonable explanation
CL Arson Elements
1. Intent to burn, OR reckless disregard of high risk the burning will occur
2. Burning (consumption of any part of the structure by a fire)
3. Dwelling
Embezzlement Elements
Fraudulent
Conversion- convert to one’s own use
Property
Of another
By one who is already in lawful possession of it
Necessity Defense
the pressure to commit the offense comes from a non-human source called ‘act of God’, or physical forces against Δ control. Dilemma of choosing between violating a relatively minor offense or suffering (or allowing others to suffer) substantial harm to person or property.
Faced w/ clear and imminent danger
Δ must expect, as a reasonable person, that his action will be effective in abating the danger he seeks to avoid
No legal way to avoid the harm
The harm that the Δ will cause must be less that the harm that he seeks to avoid
Δ must not have created the conditions of his dilemma
Defense of Others Definition + Doctrine/Views
a person is justified in using force to protect a third party from unlawful use of force by an aggressor (mitigating concept not a complete defense)
CL/Alter Ego Doctrine: Δ steps into the shoes of the person defended and therefore acts at his own risk (defense)
Reasonable belief rule/Modern/Majority view: Δ may defend as long as he reasonably believed the defended was not the aggressor (defense)
Statutory Felony Murder Rules (4)
List which one is the majority and minority
Aaron rule- malice needs to be proved in order to prove felony murder
Independent Felony Murder or Merger Doctrine- have to use something other than assault or battery to prove felony murder because they are integral parts of murder
Agency Rule Theory (majority)- if the one who did the killing was not an agent of D or the felony then D cannot be charged with felony murder.
Proximate Cause Approach (minority)- felon is liable for any death that is the proximate result of the felony, whether the shooter is a felon or a third party.
All types of Conspiracy and definitions (5)
Conspiracy- A conspiracy at CL is an agreement between 2 or more people to commit criminal acts.
Modern Conspiracy- an agreement between 2 or more parties commit an illegal act, or to commit a legal act through illegal means, and commission of an overt act in furtherance of the conspiracy.
Wheel/Hub Conspiracy- they don’t know each other and don’t have a common goal so it would be multiple counts of conspiracy
Wheel/Rim Conspiracy- they all know each other, 1 conspiracy
Chain Conspiracy- common goal, 1 conspiracy even though they might not know each other.
Attempt Crime Tests
Dangerous Proximity (CL)- a person is guilty of attempt when her conduct is in dangerous proximity to success or when an act “is so near to the result that the danger of success is very great.”
Substantial Step (MPC)- idea that a person who engages in such purpose is sufficiently dangerous to justify state intervention.
How the 7 insanity tests are applied.
M’Naghen Test, Irresistible Impulse, Durham Product Test, MPC Insanity Test, Insanity Defense Reform Act, Guilty but mentally ill, Diminished Capacity.
M’Naghen Test/ right- wrong test- insanity is established if Δ ”was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know that what he was doing was wrong.” Pg 411
Irresistible Impulse Test- Δ knows right from wrong but because of mdd is unable to control his conduct. Lacks power to choose between right and wrong. It’s a violation test
Durham Product Test- An accused is not criminally responsible if his unlawful act was the product of mental disease or mental illness
4. MPC Insanity Test “As a result of mental disease or defect at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to know the conduct is wrong or form his conduct to be legal.” Pg 415
5. Insanity Defense Reform Act
Insanity only exists where Δ was “unable to appreciate the nature and quality or the wrongfulness of his acts” at the time of offense
6. Guilty but mentally ill- if after trial the jury finds all the following legislative
7. Diminished Capacity- existence of some mental disease or defect that falls short of criminal insane but which the existence of the specific intent necessary for the crime
Majority- only allow in some or all specific intent crimes
Minority- bar evidence of diminished capacity in entirety
Limitations on the use of ‘Deadly Force’ in Self-Defense Doctrines + Privilege
A. Aggressor Doctrine- it is generally said that one who is the aggressor in an encounter with another, may not avail himself of the defense of self-defense (aggressor can transfer)
B. Imminent Threat Doctrine- at CL a person who wishes to use force in self-defense must reasonably fear that the threat be imminent, or immediate. The danger must be pressing and urgent.
C. Proportionality Doctrine- a person is not justified in using force that is excessive in relation to the harm threatened (size, weight, height, what is known/not known, experience with fighting v. no experience, gender, skill set. Ex. knife to a gunfight)
D. Reasonable Perception Doctrine- a person is justified in using force to protect himself if he subjectively believes, and has objectively reasonable grounds for believing, that such force is necessary to repel an imminent unlawful attack, even if appearances prove to be false.
E. Imperfect Privilege- if for any reason defendant cannot successfully claim self-defense, he may still be able to argue that the facts and circumstances were such that he should not be convicted of murder