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CrimLaw
Criminal Law
| Question | Answer |
|---|---|
| Criminal Law | Definitions |
| Res Ipsa Loquitur | Probably applies for criminal charges if 1. the D is Probably negligent and 2. It was probably a result from D's conduct. |
| 14th ammendment | State cannot deprive anyone of life, liberty and property without the due process of law. |
| Due process | Minimum standards of fairness and decency in a free society; constitutional provision in the 5th and 14th ammendments. |
| Proof beyond a reasonable doubt | State must prove EACH element of a crime |
| D's right to trail by jury | If liability ios more than 6 months jail or a felony, then D has right to trial by jury |
| 4 Theories of punishment | 1. Deterrance 3. Rehabilitation 3. Restraint 4. Retribution |
| MPC Mental States | 1. Intentionally 2.knowingly 3. Recklessly 4. Negligentlly |
| Statutory crimes mental states | MPC 4 plus 5. Maliciously 6. Willfully 7. Premediation 8 Deliberate 9. Wickedly |
| Common Law Mental States | 1. Intentionally 2. knowingly 3. W/ Intent to 4. Purposefully, 5. W/ knowledge that 6. Fraudulently |
| Statutes approach to Mental States | 1/3 Traditional - definition of crime will contain requisite mental state; 2/3 MPC no use of wod "intent" only 1 of 4 required mental states is in definition |
| Mistake of Fact | Mistake about a fact that is material to a transaction, any mistake other than a mistake of law. Defense asserts that a criminal defendant acted from an innocent misunderstanding of fact, rather than from a criminal purpose. |
| Mistake of Law | Mistake about the legal effect of a known fact or situation; This defense is generally not as effective as a mistake of fact. |
| Intentionally | A person acts purposefully with respect to a material element ot an offense when 1.if the element involves the nature of his conduct or a result thereof; it is his conscious object to engage in conduct of that nature or to cause such a result and 2. if t |
| Knowingly | A person acts knowingly with respect to a material element of an offense when 1. if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is that nature or that such circumstances exist. and 2. if the |
| Recklessly | A person acts recklessly with respect to a material element of an offense when 1. he consciously disregards a substantial and unjustifiable risk that a material element exists or will result from his conduct and 2. the risk must be such a nature and degr |
| Negligently | A person acts negligently with respect to a material element of an offense when . he should be aware of a substantial and unjustified risk that the material element exists or will result from his conduct and 2. the risk must be of suck a nature and degre |
| Specific Crimes | 1. Assault 2. Arson 3. Battery 4. Burglary 5. Embezzelement 6. Larceny 7. Obtaining Property by false pretenses 8. Negligent Homicide 9. Manslaughter 10. Rape 11. Robbery |
| Assault | 1. attempted unlawful application of force 2. from one person to another 3. with specific intent of 4. placing the victim in imminent fier of bodily harm |
| Arson | 1. Malicious buring (fire) 2. of dwelling house of 3. another. Intoxication NOT defense. If mistake, must be "reasonable". |
| Battery | 1. Unlawful application of force 2. from one person to another 3. resulting in physical harm or 4 offensive touching, MS Intentionally or recklessly |
| Burglary | 1. Breaking and 2. entering 3. dwelling house of another 4. in nighttime 5 with intent to commit felony. Complete at the time of entry, also guilty of felony if successful. |
| Embezzelment | Statutory law, no CL - 1. When person 2. in lawful possession 3. of property 4. converts it to personal use. |
| Larceny | 1. intentionally taking 2. and carry away (slight movement ok) 3. of personal property 4. in the possession of another (strict requirement) 5. without consent 6. with the intent to deprive the other of the property (mental state requirement) |
| Obtaining Property by False Pretenses | Statutory crime; no CL - 1. when person 2. obtains title and 3. possession 4. of property 5. belonging to another 6. under false pretenses. |
| Negligent Homicide | |
| Rape | CL 1. Forced Sexual Intercourse 2. by a man 3. on a woman 4. not his spouse 5. without consent. Statutory if under age of consent generally 16 |
| Robbery | 1. taking and 2. carryinig away 3. of personal property of another 4. from person or presence 5. by force or intimidation 6. with intent to permanently deprive the other of it's use. ***Normally wrong answer on bar exam. |
| Theft | Modern approach of Larceny, embezzelment, and obtaining property by false pretenses |
| Manslaughter | 1. unlawful killing 2. of another human being 3. without malice aforethough |
| Voluntary Manslaughter | 1. Intentional homicide 2. committed under mitigating circumstances 3. which mitigate but do not justify or excuse the killing. |
| Voluntary Manslaughter - mitigating circumstances | When D kills in heat of passion. Mitgating circumstances 1. reasonable provokation 2. D was in fact provoked 3. Reasonable person would NOT have cooled down 4. D in fact, did not cool off. |
| Degrees of Murder CL | 1st Degree 1. premeditated and deliberate intentional killing or 2. Killing during commission of a dangerous felony. 2nd degree- all not covered in 1st. 1. intent to case SBI, 2. Depraved Indifference 3. Intent to kill without Premeditation and Delibera |
| Murder Elements | 1. Affirmative act or omission to act where there is a duty 2. with a "malice" state of mind (intent to kill, SBI, depraved heart or felony) 3. D's conduct is the "legal cause" of Death of 4. Another Human Being. 5. Year and a day rule applies in many ju |
| Cause in fact | Was D's act or conduct a substantial factor in bringing about the forbidden result. That "but for" D's conduct the result would not have occured. |
| Legal Causation - Proximate Causes | Actual result varies compared to the intended result. Varience: 1. Person or property harmed, 2. Manner in which harm occurs 3. Type of degree of harm. |
| Types of Murder | 1. intent to kill 2. Intent to do SBI 3. Depraved Heart 4. Felony 5. Resisting lawfull arrest. |
| Intent to Kill Murder | 1. Unlawful Killing (conduct and Legal Cause) 2. of another Human Being 3. With Malice Aforethought (mental state, intentionally or knowingly): Deadly weapon Doctrine Applies. Traditional view: D desires result, or is likely to occur. Modern View: act |
| Malice aforethough Defined | Express or implied Malice: Hatred, spite or ill-will. Aforethought: thought out in advance. |
| Malice aforethought Established: | Established with 1. Intent to kill (1st degree) 2. Intent to cause SBI (2nd ) 3. acted with Depraved heart killing, extreme indefference to human life (2nd) 4. was engaged in commission of dangerous Felony Murder (1st) |
| Deliberation | Requires a cool mind that is capable of reflection and premeditation |
| Premeditation | one did reflect at least for a short period of time before his act of killing |
| Serious Bodily Injury Murder | 1. Intent to do SBI 2. Of another Human being 3. with Malice Aforethought. Modern view, most states do not recognize. |
| Depraved Heart Murder | 1. Extreemly negligent conduct 2. which creates a high degree of risk 3. of death or SBI 4. that a reasonable man would realize would be unjustifyable. (no intent to kill or SBI Requirement) |
| Felony Murder | 1. the unlawful killing 2. of a human being 3. during the commssion of a dangerous felony 4. where D's conduct was the 5. Proximate cause of the death. Need not foresee the risk, Common law uses "but for" test. Degree of felony = Degree of murder. Crim |
| In the commission of or attempted commission of: | Must occur with in the res gestae: 1. Time, 2. Place 3. Casual connection. |
| Blockburger Test | Where act or transaction constituted violation of 2 statutory provisions, the test to determine if there is one or two offenses is: whether each provision requires proof of an ADDITIONAL ELEMENT or fact which the other does not. |
| Redline Court | Reline court indicated at one point that felon is never liable were the death in question constitutes a lawful homicide. |
| Aiding and attempting Suicide | Common law misdemeanor: intentional distruction of himself by one who is sane and reached the legal age of descretion |
| Deadly weapon Doctrine | One who uses a deadly weapon and kills someone presumably INTENDS to kill him. |
| Deadly Weapon Definition | any firearm of other devise, instrument, material or substance that, from the manner in which it is used or is intended to be used, is calculated or likely to produce death. |
| Types of intent | 1. Motive 2. criminal intent (mens rea) 3. Constructive intent 4. General Intent 5. Specific Intent 6. Conditional Intent 7. Multiple Intent |
| Doctrine of Merger | Cannot find D guilty of both Assault and Battery. |
| Strict liability crimes MS | No mental state required |
| Human Definition | Early CL 30-8 days after conception, "born alive" or Independent circulation (breath), Chavez Rule |
| Chavez Rule | babies are born alive, fetus is NOT human until born. |
| Evidence Catagories | 1. Planned activity: what did D do prior to actual killing 2. Motive: facts about D's prior relationship and conduct with the victim. 3. Nature of the Killing: from which it may be inferred that the manner of killing was so particular and exacting that D |
| End of Life | Traditional view: heart stops beating & lungs stop breathing (no mention of brain) |
| Year and a day | Death must be within one year and one day of the fatal blow. |
| Brain Death Test | 1. Total lack of response to external stimuli and inner need. 2. no spontaneous muscular movement or respriation 3. no reflexes, measured by fixed dialated pupal and lack of ocular pharyngeal and muscular tendons. 4. EEG reading confirmation. |
| Res Gestae | latin "things Done" : the events at issue or other events contemporaneous with them. |
| Voluntas Reputabitur Pro Facto | "The intention is to be taken for the deed" |
| Insidiator Viarum | "One who lies in wait to committ an offense" |
| Transferred intent | intent that has been shifted from the originally intended wrongful act to the wrongful act actually committed. |
| Unhazarded Victim | |
| actus not facit reum nisi mens sit rea | an act does not make one guilty unless his mind is guilty |
| Mens rea | Guilty mind |
| Scienter | Criminal intent |
| Corpus Delicti | The body of the crime |
| Defenses (8) | 1. Mental Illness - insanity defense 2. Intoxication 3. Youth 4. Self Defense 5. Defense of Property 6. Law Enforcement Defense 7. choice of Evils Defense 8. Duress. |
| Insanity Defense | MPC: Not guilty at the time of crime if such conduct was result of mental defect, he lacked the substantial capacity to either appreciate the criminality of the conduct or to conform his conduct to the requirements of the law. Not acquittal or outright |
| Partial Responsibility | Diminished responsibility or Partial Insanity: At the time he engaged in the conduct giving rise to the charges against him, he may have been suffereing from abnormal mental condition which was not enough to afford successful insanity defense under the W |
| Intoxication Defense | As a result of intoxication, he possessed a state of mind like that of an insane person, so that he did not know what he was doing was wrong. is DEFENSE if it negative required mental state OR Deliberation and premeditation (will go from 1st to 2nd or M |
| Intoxication Defense - Alcohol | Voluntary consumption is defense to specific intent crimes ONLY Must be so drunk that he didn't realize what he was doing was wrong. MPC Defense if Purposefully or knowingly , but NOT if Reckless or Negligent. Involuntary consumption is Defense for b |
| Intoxication Defense - Controlled substance | CL 2 approaches 1. Similar to specific intent, but must be high level of intoxication 2. Not defense to any criminal charge. MPC same as alcohol. |
| Voluntary vs Involuntary intoxication | Voluntary: does not take consideration in determining mental state. Involuntary: IS defense if puts D in state of pmind that he does not know nature and quality of act or that act is wrong. Involuntary: 1. innocent mistake 2. another person tricked the |
| Defense to Property | CL CAN use deadly force MPC CAN NOT use deadly force |
| Youth Defense | <= 6 years old NOT GUILTY (could not have formed required MS) 7-14 yrs old Rebutable presumption that can't form mental state, but can be overcome by extreemly wicked conduct. >= 14 years old, treated as adult. |
| Law Enforcement Defense | CL Misdemeor - no deadly force. Can use all force necessary if it was reasonably necessary to effectuate the arrest of a fleeing felon. |
| Choice of Evil (necessity) | MPC, was harm prevented under the act greater than the harm caused by the crime that D committed. |
| Duress Defense | CL not allowed for Murder. CL Defense to crime that actor was in 1. reasonable 2. fear of immediate 3. death or SBI from another which causes D to engage in conduct which violates criminal law. (unless the actor committed the crime.) MPC same but does |
| Self Defense | CL Person who 1. reasonably believes they are 2. under unlawful act 3. can use amount of force 4. they reasonably believe necessary 5 to defend themselves. Deadly force OK if "reasonably" believe it necessary. MPC D must "believe", need not be reasona |
| Entrapment Defense 3 types | 1. Private: private party like investigator 2. Vicarious: private individual enduced by law enforcement to enduce someone else 3. Derivative: Inducement is by 3rd party who is unaware of gov scheme. |
| Entrapment Defense approaches | 1. subjective: 1. was D induced by gov agent 2. was D predisposed? 2. Objective Approach: employing methods which create substantial risk that offense will be committed by those other than those predisposed. |
| Entrapment "Encouragement" | activity of a police officer who 1. acts as a victim, 2. who intends ,but his actions encourage the suspect to commit the crime 3. who actually encourages the suspect 4. who thereby has some influence upon the commission of the crime. |
| Insanity Defense Tests (4) | 1. McNaughten - majority rule 2. Irresistible Impulse (McNaughten + test) 3. Substantial Capacity (ALI) MPC 4. Durham |
| 1-2 punch | McNaughten then Substantial Capacity Test |
| McNaughten Test | D must prove 1. due to defect in reasoning 2. caused by mental defect 3. he did not know right from wrong or 4. the nature and quality of his action |
| McNaughten Def. Disease of Mind, Know, Nature and quality, Wrong | Disease of Mind: any mental abnormality, psychosis, neurosis, organic brand disorder or congenital intellectual deficency will suffice IF it caused the result. Know: intellectual awareness. Nature and Quality: ability to know act was wrong, nature and q |
| Irresistible Impulse (McNaughten +) | McNaughten 4 elements PLUS volitional element. Ok to know act was wrong but is unable to control the conduct. |
| Substantial Capacity (ALI MPC) | 1. as result of mental disease 2. he lacks substantial capacity 3. to either appreciate the criminality of his act, or 4. conform his conduct to the requirements of the law. |
| Durham Test | D is not criminally liable for unlawful act at the time of the crime if he was 1. cimre must be a product of mental disease or defect 2. concerning all of the surrounding circumstances - nearly no existent today. |
| Crime of Attempt | 1. an intent to do an act or bring about a certain consequence which would in law amount to a crime 2. an act in furtherance of that intent. NOT for recklessness or negligent crimes. Cannot be strick liability. |
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grmatney
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