Definitions
A generally accepted notion that ambiguities in a criminal statute should be construed against the government and in favor of the defendant
What is the rule of lenity?
Alexandra stabs Rasputin as he is about to ravish her. Is the killing justifiable, or is it excusable?
Justifiable, because it was necessary to prevent her rape.
Can a mistake of fact ever be a defense to a strict liability crime?
No. Because there is no mens rea requirement for strict liability crimes, mistakes of fact are irrelevant.
When one is attacked with deadly force, must one retreat, if possible, instead of using deadly force in self-defense?
According to most courts, no. A person need not retreat before meeting deadly force with deadly force.
Retreat is never required before using non-deadly force in self-defense.
Faustus kills Mephistopheles, whom he mistakenly believes is Satan incarnate. Is his mistaken belief a good defense to a charge of murder?
No, because Fautus' belief is unreasonable. His belief may go to the issue of his insanity in an insanity defense, however.
Malum in se
Mountain Mike is a "real man" interested in hunting, fishing, drinking, and football. He is arrested for hunting without a license on one of his forays into the wilds. Is Mountain Mike's crime malum in se or malum prohibitum?
Malum prohibitum
What are the major "specific intent" crimes?
Burglary, Attempt, Forgery, False Pretenses, Larceny, Embezzlement, Premeditated Murder (first degree), Assault, Conspiracy and solicitation, and Kidnapping.
MNEMONIC: BAFFLE PACK
Is "mistake of law" a valid defense to a criminal charge?
In general, no. Thus, if a defendant mistakenly believes his acts are not proscribed, or if he is simply unaware of the law proscribing his behavior, he'll still be liable, no matter how reasonable his belief is.
Elizabeth tells Darnley, an extremely gullible mentally disabled adult, that Mary, Queen of Scots, is from another planet, and if he cuts her head off, it will grow back. She tells him to see for himself. If he does so, is Elizabeth criminally liable for Mary's death?
Yes, Elizabeth will be vicariously liable for Mary's death. Even though the death was not the result of her physical act, Elizabeth set in motion the forces that resulted in it.
A killing is committed during a dangerous felony or an attempted dangerous felony
Barney comes home from a business trip late one night. His wife Betty is already in bed. He gets in with her, and notices that she has an atrocious new hairstyle. Angered by this, he slits their waterbed, forces Betty's head into the water, and holds it there until she drowns. Can Barney defend a charge of first-degree murder on the grounds that he did not premeditate or deliberate Betty's killing?
Not necessarily. Premeditation is a preconceived plan that may occur in a matter of minutes, and the deliberation required may be merely for a few moments immediately preceding the crime.
Under what circumstances is a person said to act "recklessly"?
When he consciously disregards a substantial and unjustifiable risk. This is judged objectively and subjectively: Objectively, did the individual undertake an unjustifiable risk? And subjectively, did he consciously disregard the risk?
What is the M'Naughten test?
The M'Naughten test determines an insanity defense. The M'Naughten test requires that the defendant not appreciate the nature and quality of his conduct or not realize his conduct is legally wrong.
Hansel goes to the local tavern and ties one on. He stumbles out and drives away. He breaks into Witch Hazel's house, believing it's his own. Witch Hazel finds Hansel, and he, believing she's a burglar, beats her up. Will his intoxication be a defense to both burglary and battery?
No, only burglary. Voluntary intoxication is a defense to crimes requiring intent or knowledge if the intoxication prevented the defendant from forming the mental state necessary, and the defendant did not get drunk just to establish the defense. Because burglary is an intentional crime, Hansel could avoid liability due to his intoxication, as he lacked the capacity to form an intent. However, battery can be reckless; as such, voluntary intoxication is not a defense.
A crime that is wrong only because the law prohibits
Malum prohibitum
Henry plans to kill Anne, his unfaithful wife. To gain courage, he drinks a good deal of ale and becomes deeply intoxicated. He then takes an ax and kills Anne. Can Henry defend a first-degree murder charge on the basis of intoxication?
No. The intoxication was voluntary on Henry's part. He premeditated and deliberated the murder before he became intoxicated, thus forming the necessary mental state. That state is held to continue through the commission of the criminal act.
How does the Model Penal Code define "criminal insanity"?
The test under the MPC is whether the defendant lacked substantial capacity, as a result of a mental disease or defect, EITHER:
1. To appreciate the criminality (or wrongfulness) of his conduct
OR
2. To conform his conduct to the requirements of the law.
What amount of force may a stranger use in defending a third person against attack by another?
A stranger may use the same amount of force as the third person would be privileged to use against the attacker.
Babe and Ruth work side by side at a candy factory. Babe hates Ruth and decides to murder her. Babe plans to go to the company store at coffee break, buy a licorice whip, and strangle Ruth with it. On his way to the store to get the whip, Bae accidentally pushes Ruth into a vat of boiling chocolate, and she drowns. Has Babe committed murder?
No. Although Babe's act was the actual and proximate cause of Ruth's death, and Babe intended to kill her, his intent did not actuate the act that killed Ruth. Because Babe's intent did not "occur" with the act resulting in Ruth's death, he cannot be said to have murdered her.
When it occurs as a result of or during a malum in se misdemeanor or a felony that is not sufficient for felony murder OR when it occurs through gross or criminal negligence
When will a homicide be considered involuntary manslaughter?
Hamlet goes to Claudius' office intending to kill him. He shoots through a glass door at a figure inside the office and kills Polonius, Claudius' partner, instead. Can Hamlet be found guilty of murder?
Yes. This is an example of transferred intent, where a person intending to commit one crime accidentally commits another. His intent will be transferred from the person he intended to harm to the person he actually harmed.
What are the elements of "common law homicide"?
1. Causing the death
2. Of a living human being
3. Where death occurs within a year and a day
Common law homicides was divided into murder, voluntary manslaughter, and involuntary manslaughter.
What are the elements of "reasonable belief" that a particular danger exists?
The standard is both objective and subjective:
1. The defendant in fact believed a danger existed
AND
2. The defendant was reasonable in the belief
Stonewall Jackson, holding a gun, walks up to Barbara Frietchie. She sees the gun and says, "Shoot, if you must, this old gray head, but spare your country's flag." Jackson says, "OK," and shoots her. She survives. When he is brought up on attempted murder charges, will he be able to defend on the grounds of consent?
No. Unless consent negates an element of an offense, it does not constitute a defense to a criminal charge.