Homicide
Common law murder elements?
Actus reus: death and causation
mens rea: malice aforethought
intent to kill;
intent to do GBH;
extreme and reckless disregard to the value of human life
Modern law and MPC manslaughter
modern-- voluntary
same but provocation is held to reasonable person standard
does not limit to 5 provocations, eliminated illegal arrest; requires adequate provocation
involuntary- look at common law involuntary
MPC-
kills;
kills as a result of an extreme mental or emotional disturbance; or negligent homicide
Criminal possession
actual possession - physical control over prohibited item
constructive possession- Person does not physically control item but they have the intent or ability to control the item
Attempt
Common law
- a direct
- ineffectual act
- done towards commission of a crime
- with the intent to try and intent to complete target crime
Accomplice
Mens rea (dual specific intent):
First degree murder
second degree
Actus: death and causation
mens:
willful;
premeditated;
deliberate
actus: death and causation
mens:
intent to kill;
intent to do gbh;
extreme and reckless disregard to the value of human life
Common law rape
Carnal knowledge,
by a man against a woman;
by force;
against victims will
mens rea: male knew the penile-vaginal intercourse he was engaging in with a woman who wasn't his wife was against her will
Mere proximity ( knowing proximity to contraband, standing alone, is insufficient to prove possession)
Momentary innocent possession
- possession was for only a very brief or transitory period
- intent was to abandon, destroy, or dispose of substance
- no intent to prevent law enforcement from seizing the substance
Modern law attempt
1) dangerous proximity
2) substantial step
3) appreciable fragment
4) unequivocality test
Does merger apply to solicitation? If yes, how. if no, why
Yes. solictor= accomplice, solictee= charged w crime committed
MPC murder
Actus: death and causation
mens:
purposeful;
recklessly;
knowingly
Burglary common law
Breaking (actual or constructive)
entering
dwelling house
of another
in the nighttime
mens: with intent to commit a felony therein
Larceny common law
Trespassory taking;
carrying away;
personal property;
of another;
with intent to permanently deprive
gap fillers
Custody vs possession, larceny by trick, breaking the bulk, continuous trespass
MPC attempt
Lying in wait or searching for/following intended victim
Enticing or seeking to entice the contemplated victim to go to the intended crime scene
Reconnoitering the intended crime scene
Unlawful entry of a structure, etc. where it is intended the crime will be committed
Possession of materials to be used in the commission of a crime that are specially designed for such unlawful use or which can serve no useful purpose of the actor under the circumstance
Possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission where such possession … serves no lawful purpose under the circumstances
Soliciting an innocent agent to engage in crime
Impossibility defense to attempt?
Factual- Crime couldn't be committed because of unknown fact to defendant (no defense)
legal- defendant intends to commit a crime but the law does not recognize the behavior as criminal (defense at common law not modern law)
Felony Murder
Common law-
Any death caused during the perpetration to attempted perpetration go a felony
modern law-
BARRK -- burglary, arson, rape, robbery, kidnapping
MPC-- Reckless version of MPC murder (actor was engaged in an enumerated felony
Arson common law
burning or significant charring
the dwelling house
of another
Modern gap fillers of larceny
Embezzlement
- person receives lawful possession of property
- person is in a trust relationship
- uses property in a manner inconsistent with trust relationship
- with the intent to use property in a manner inconsistent with trust relationship
false pretenses
- defendant provides false statement or misrepresentation;
- of material fact;
- which causes a person to pass title of property
- defendant takes title of property by fraud
Solicitation (elements and what does REACH stand for)
common law
1) communication to third party
2) seriously asking
3) intent to ask, hire, command and intent for other person to commit target crime
Attempt abandonment defense
involuntary- abandonment by the actor is motivated by unexpected resistance or getting caught
manslaughter common law
common law voluntary
intentional killing with legal provocation
Actus: death and causation
mens: defendant kills in sudden heat of passion
An intentional killing;
because of a legally sufficient provocation;
which causes a sudden heat of passion;
and the defendant has no reasonable cooling off period
legal provocation - adultery, mutual combat, illegal arrest, extreme assault or battery on defendant, injury or serious abuse of a close relative
involuntary - unintentional killing w/o legal provocation
Actus: death and causation
mens: by gross criminal negligence
Kidnapping all juris.
common law
-Moving kidnapping
-secret confinement
modern
- D knowingly restrained another person
- no consent no lawful authority
- no particular amount of time
MPC
- D unlawfully removes another from his place of residence, or
- D unlawfully confines another for a substantial period in a place of isolation
Robbery
Trespassory taking;
carrying away;
personal property;
Of another;
by use of force or threat of force
with the intent to perm deprive
Conspiracy common
- agreement (formal or informal)
- by two or more people
- to commit a criminal act or to accomplish a legal act in an illegal manner
intent to enter into agreement and intent to accomplish illegal objective
define commission and Omission
and examples of non voluntary ?
commission- affirmatively doing something
commission- failing to do something one is obligated to do
examples of non voluntary - reflex or compulsion, bodily movement during sleep or unconsciousness, hypnosis, other bodily movement not the product of the effort or determination of the actor