Homicide
What is murder at the common law?
Unlawful killing of another human with malice
What are the elements of larceny?
What are the inchoate crimes?
Solicitation
Attempt
Conspiracy
What is intoxication defense?
It's a defense to specific intent crimes. No malice, general intent, or strict liability crimes.
Voluntary intoxication evidence can be offered by D only if the crime requires purpose (intent) or knowledge)
Involuntary intoxication is a defense to all crimes. D is entitled to acquittal.
What are the specific intent crimes?
What is malice aforethought?
Intent to Kill
Intent to commit serious bodily injury
Depraved heart murder
Felony Murder
What is solicitation and its defenses?
1. asking someone to commit a crime and
2. with the intent that crime be committed?
Defense - if legislative intended to exempt solicitor, it's a defense.
What are the four insanity defenses?
M'Naghten - a disease of the mind; caused a defect of reason; such that the D lacked the ability at the time of their actions to either know the wrongful of their actions understand the nature and quality of their actions.
Irresistible Impulse Test - D is entitled to acquittal only if because a mental illness, they were unable to control their actions or conform their conduct to the law.
Durham (New Hampshire) Test - D is entitled to acquittal if crime was the product of their mental illness. D wouldn't have committed the test but for the disease.
MPC - D is entitled to acquittal if they had a mental disease or defect, and as a result, they lacked the substantial capacity to either: (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of the law.
What are the essential elements of a crime?
A voluntary physical act;
The required mens rea
- Common Law: specific intent, malice crimes, general intent, and strict liability
- MPC: purposely, knowingly, recklessly, and negligently
Causation
What are the enumerated felonies for felony murder?
Burglary
Arson
Rape
Robbery
Kidnapping
What is attempt and defenses to attempt?
1. Specific intent to commit the unlawful action
2. Over act (substantial step in direction of the commission of the crime.
Defenses - legal impossibility & abandonment only if no substantial steps haven't began. MPC Abandonment - if (1) fully voluntary and (2) complete
What are the two methods of self-defense?
Non-Deadly Force - A person w/o fault may use such force as the person reasonably believes is necessary to protect themselves from the imminent use of unlawful force upon themself. No duty to retreat arises.
Deadly Force - A person may use deadly force in self-defense if the person is (1) without fault; (2) confronted with unlawful force; and (30 reasonably believes that they are threatened with imminent death or great bodily harm.
What is accomplice liability and defenses?
Withdrawal is an affirmative defense - if prior to the crime's commission
What is voluntary manslaughter?
Adequate provocation;
Gave rise to heat of passion; and
No adequate cooling period
What are the elements of burglary?
MPC Differences - doesn't have to be a dwelling, any time, not just at night.
What is conspiracy and its defense?
an agreement; intent to agree; an intent to achieve the objective of the agreement; and an overt act.
Liability - each conspirator is liable for all crimes of other conspirators if foreseeable and in furtherance of conspiracy.
Defenses:
Withdrawal -
CL - can only withdraw from liability for future crimes; no withdrawal from conspiracy possibly because agreement coupled with act completes crime of conspiracy.
MPC - Voluntary withdrawal if D thwarts conspiracy
When does the duty to retreat arise?
Duty to Retreat:
What is the general rule for causation of a crime & superseding factors?
D is liable for all natural and probable consequences of his conduct unless the chain of causation is broken by the intervention of some superseding factors.
Superseding factors: (1) acts of nature; (2) coincidence; or (3) gross negligence or intentional malpractice.
What is involuntary manslaughter?
death resulting from criminally negligent behavior
or
death resulting from a misdemeanor or commission of an unenumerated felony
What is larceny by trick and false pretenses? What is the major difference between these two offenses?
False Pretenses - obtaining title; to personal property of another; by an intentional false statement of a past or existing fact; and with intent to defraud the other.
Larceny by trick - obtaining custody or possession; to personal property of another; by intentional false statement of a past or existing fact; and with the intent to defraud the other.
False Pretenses requires title & larceny by trick requires possession
Which inchoate crimes merge with the substantive offense?
Conspiracy merges. Attempt and solicitation do not.
What is mistake of Fact?
It negates the mens rea requirement for malice and general intent crimes. It must be reasonable mistake or ignorance.
For specific intent crimes the mistake does not need to be reasonable.
What is the year and a day rule?
Traditionally, for a D to be liable for homicide, the death of the victim must occur w/in 1 day and 1 day from infliction of the injury or wound.
Most states have abolished this rule.