Elements of a Crime
3 elements required of most crimes?
Physical Act (Actus Reus)
Mental State (Mens Rea)
Concurrence of the mental state and act.
4 Common Law General Intent Crimes?
1) Battery
2) Rape
3) Kidnapping
4) False Imprisonment
Requirements of Conspiracy?
1) agreement between 2 or more persons
2) intent to enter agreement
3) intent by at least 2 persons to achieve objective of the agreement.
MUST INCLUDE OVERT ACT/ NOT MERE PREPARATION.
Elements of Aggravated Battery?
Elements of Aggravated Assault?
Aggravated Assault: (1) use of a deadly weapon, or (2) with the intent to rape/maim/ or murder.
When is the excuse of necessity permitted?
Duress: any crime other than intentional homicide. MUST BE DUE TO THREAT ON HUMAN.
Necessity: when a person reasonably believes the commission of the crime was necessary to avoid imminent harm to public.
When does failure to act give rise to criminal liability?
What are the 5 circumstances in which a duty to act may arise?
1) had legal duty to act
2) D knew of legal duty to act
3) it was reasonably possible to perform the duty
Statue, contract, relationship, assumption of care, you created the peril.
Accessory before the fact vs. after the fact?
Before= Persons who assisted and encouraged the crime but were not present. (Accomplice)
After= persons with knowledge of the crime, that assisted in escaping arrest or punishment.
MPC Approach vs. Traditional Approach for Conspiracy?
MPC= Only need one guilty mind, i.e. you can enter into a conspiracy with an under cover cop.
Traditional= Requires 2 guilty minds.
When does lack of consent exist for Rape?
1) Intercourse accomplished via force
2) Intercourse accomplished by threats of bodily harm
3) incapable of consenting due to intoxication/passed out/mental condition
4) fraudulently caused to believe act not intercourse.
Defense of Intoxication: Voluntary vs. Involuntary?
Voluntary- intentional intoxication by D only a defense to specific intent crimes if intoxication prevented D from forming required intent. (includes addicts, not a defense if you became intoxicated for courage)
Involuntary: Drugged, forced under duress, or prescribed by medical professional.
11 Crimes that require specific intent? (under common law)
"Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts"
Solicitation, Conspiracy, Attempt, First degree murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery.
Scope of Accomplice Liability?
Liable for crime principal committed that they supported, as well as other crimes that occur in the course of committing the crime intended. (so long as other crimes were probable or foreseeable)
Requirements of Attempt.
Is Abandonment a defense?
1) specific intent to commit a crime
2) an overt act in furtherance of the crime (beyond mere preparation)
Abandonment:
NOT a defense at common law
IS a defense under MPC (abandonment must be voluntary and complete)
6 Elements of Larceny?
How does Robbery differ from larceny?
1) a taking
2) and carrying away
3) of tangible personal property
4) belonging to another
5) by trespass
6) with intent to permanently deprive.
ROBBERY SAME BUT REQUIRES TAKING BY FORCE/THREAT.
Insanity Defense Under:
M'Naghten Rule
Irresistible Impulse test
MPC
M'Naghten: (1) Defendant has disease of the mind, (2) which caused a defect of reason, (3) inability to recognize wrongness when act committed/understand the nature of the act.
IIT: (1) because of mental illness, (2) D unable to control their actions and conform their conduct to the law.
MPC: due to mental defect, D (1) lacked substantial capacity (2) to appreciate the criminality of conduct OR (3) conform their conduct to the requirements of the law.
Model Penal Code Categories of Intent?
Purposely
Knowingly
Recklessly
Negligently
When may an accomplice effectively withdraw and avoid liability?
MUST OCCUR prior to the crime becoming "unstoppable"
1) Repudiate encouragement
2) Attempt to stop commission of the crime
3) notify police OR take action to prevent the crime.
Requirements of Common Law Murder?
State of mind required?
Requires Malice Aforethought
1) intent to kill
2) intent to inflict great bodily injury
3) reckless indifference to an unjustifiably high risk of human life.
3) intent to commit a felony (felony murder)
5 Elements of Embezzlement?
1) Fraudulent
2) Conversion
3) of personal property
4) belonging to another
5) by a person who is currently in lawful possession of the property.
Self Defense- non-deadly vs. deadly?
Non-Deadly: Permitted when person reasonably believes it is necessary to prevent harm/inevitable use of force against them.
Deadly: Someone else confronts you and you reasonably believe threat is of death or great bodily injury. NOT PERMITTED TO PROTECT PROPERTY.
What common law crimes require intent of Malice?
What common law crimes fall under Strict Liability?
Malice= Common Law Murder & Arson
Strict Liability= Statutory Rape, Selling liquor to minors, Bigamy.
Dual Intent required of Accomplice?
What about negligence/recklessness crimes?
1) intent to assist the principal
2) intent that the principal commit the crime
IF NEGLIGENCE OR RECKLESSNESS STANDRAD:
1) Intent to facilitate crime
2) Acted recklessly or negligently
Requirements of Voluntary Manslaughter
Killing would be murder absent adequate provocation.
1) sudden intense passion/loss of control due to such
2) defendant was provoked
3) Not sufficient time to "cool off"
4) D did not "cool off"
6 Elements of Burglary?
1) breaking
2) entry
3) of a dwelling
4) owned by another
5) at night time
6) with intent to commit a felony.
When is Mistake of Fact a possible defense?
When it shows the defendant lacked the state of mind required for the crime.
NEVER APPLICABLE TO STRICT LIABILITY.