Offenses 1
types of offenses
homicide, (rape), battery, assault, kidnapping, theft
felony murder limitations
merger, inherently dangerous felony, in furtherance of felony
requirements of kidnapping
defendant either
1. unlawfully confines or carries away victim,
2. forcibly or by threat or fear or deception, and
3. it is for a nefarious purpose.
three types of causation
cause-in-fact, proximate cause, intervening causes
people v gentry
specific intent to kill is a pivotal element of attempted murder so the intent to do bodily harm or knowledge that the actions may result in death or bodily harm is not enough to show attempted murder.
two ways to get a common law murder charge lessened to voluntary manslaughter
imperfect self-defense, provocation defense.
inherently dangerous felony limitation
the triggering felony must be inherently dangerous to human life; two approaches- is dangerousness involved by definition of the crime? or look to the defendant's behavior and case's facts.
Garza test
to decided whether there was asportation, courts weigh these factors-
1. duration of movement,
2. whether movement was during commission of separate offense,
3. whether such movement was inherent to that separate offense,
4. whether the movement itself posed a significant danger to victim independent of danger posed by separate offense.
cause-in-fact and the three tests
'but for' act, would the result have occurred?
three tests
1. substantial factor- was the act a substantial factor in producing result?
2. acceleration- did the action accelerate the result?
3. likelihood of survival- something is done to make survival less likely.
shaming penalty
court has discretion in fashioning punishment so long as it serves a legit objective, is related to the nature of offense, and involves no great depravation of liberty than what is necessary to deter the conduct.
MPC homicide levels
murder, manslaughter, negligent homicide
in furtherance of the felony limitation
killing must be done in furtherance of the underlying felony; two approaches- proximate cause (death set in motion by defendant's conduct) or agency approach (defendant must be the one to actually do the killing).
elements of theft
1. physical taking or carrying away with
2. use of deception, fraud, or extortion to take
3. victim's property
4. with intent to permanently or for a significant amount of time deprive owner of that property.
proximate cause
was the result of the action reasonably foreseeable/responsive?
overruled year and a day rule.
Common Law homicide levels
first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter
elements of battery
defendant must
1. engage in unlawful application of physical force, which
2. results in a physical injury (or offensive touching some jurisdictions), and
3. defendant acted either purposely, knowingly, or negligently to cause the prohibited result.
act requirements
voluntary act- willful bodily movement to cause harm.
omission- failure to act or in the absence of an act and is only punishable if there is a legal duty to act (bystanders have no legal duty to act).
intervening causes
break the chain of causation between defendant and harmful result; result of the action is unforeseeable/coincidental.
strict liability offenses
courts can find mens rea if the statute is silent on it (for example- staples v US- abnormally dangerous weapon)
provocation is a partial defense to get a murder charge lessened to voluntary manslaughter at common law; elements: 1. there was adequate and reasonable provocation (objective), 2. the killing happened in the heat of passion (subjective), 3. the killing happened before there was reasonable time to cool off (subjective), 4. causal connection between the provocation, passion and killing (subjective)
elements of two types of assault
attempted battery-
1. mental state and act requirements are same as battery BUT
2. different result because no requirement of physical injury.
reasonable apprehension of bodily harm-
1. act is placing victim in reasonable apprehension, and
2. mental state is the intent to cause said reasonable apprehension.
when is an act not voluntary?
reflexes; unconsciousness/sleep; hypnosis; bodily movement that is not a product of the effort of the actor whether conscious or habitual.
conspiracy liability
pinkerton liability- liability would attach if crime committed by coconspirators are either
1. part of the conspiratorial agreement, or
2. stray beyond the agreement but were reasonably foreseeable consequence of agreement.
scope
1. local- lot of smaller overlapping conspiracies- liable for only local conspiracy.
2. distant- single large conspiracy- liable for whole conspiracy.
mistakes
mistakes of fact- only a defense if it negates the required mental state of offense.
mistakes of law- a defense when defendant reasonably relied on an official statement of the law that is later determined to be erroneous or invalid.