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Crim Law
| Question | Answer |
|---|---|
| Felony | Punishable by death or imprisonment of more than a year. |
| Misdemeanor | Punishable by a fine or imprisonment of a year or less. |
| Specific Intent | The desire to do the act, and the desire to achieve a specific result. Voluntary intoxication and mistake of fact only OK here. |
| Specific Intent Crimes | Against the person (assault, statutory murder 1) Property (larceny, embezzlement, false pretenses, robbery, forgery, burglary) Inchoate (solicitation, conspiracy, attempt) |
| Malice | When a defendant acts intentionally or with reckless disregard of an obvious or known risk. |
| Malice Crimes | Common law murder, arson |
| General Intent | Defendant is generally aware of the factors constituting the crime, he need not intend a specific result. |
| General Intent Crimes | Battery, forcible rape, false imprisonment, kidnapping |
| Proximate cause | Bad result is a natural and probable consequence of defendant's conduct. Cut off by unforeseeable intervening event, but not by victim's preexisting weakness. |
| Battery | The unlawful application of force to another resulting in either bodily injury or an offensive touching. General intent. |
| Assault | An attempted battery. OR The intentional creation other than by mere words of a reasonable apprehension of an imminent bodily harm. Specific intent. |
| Common law murder | Causing the death of another person with malice aforethought. (MA: viable fetus counts; common law: must be born alive). |
| Malice aforethought | (1) intent to kill (2) intent to inflict serious bodily harm (3) extreme recklessness (reckless indifference to human life) (4) felony murder |
| Vicarious liability (felony murder) | Majority/proximate cause rule: if a co-felon proximately causes death, all other co-felons guilty of felony murder (even if killing done by police, etc.) MA/Agency rule: Co-felons only guilty of felony murder if a co-felon commits the killing. |
| 1st/2nd degree murder, MA | 1st degree: An intentional murder committed with premeditation and deliberation OR extreme atrocity or cruelty. Also felony murders where the felony is punishable by life. 2nd degree: All other murders. |
| Voluntary manslaughter | A killing committed intentionally in the heat of passion upon adequate provocation. (1) Provocation must be objectively adequate (2) Defendant was subjectively provoked (3) Defendant didn't have time to cool off (4) Defendant did not cool off |
| Involuntary manslaughter | 1) A killing committed during a crime where felony murder doesn't apply 2) An unintentional killing committed with criminal negligence (gross deviation from a reasonable standard of care) |
| False imprisonment | The unlawful confinement of a person without his or her consent. General intent. |
| Kidnapping | False imprisonment that involves either moving the victim or concealing the victim in a secret place. General intent. |
| Forcible rape | Sexual intercourse without victim's consent, accomplished by (force, threat of force, or while victim unconscious). General intent. |
| Statutory rape | Sexual intercourse with someone under age of consent (16 in MA). Strict liability. |
| Larceny | Trespasory Taking and Carrying Away the Personal Property of Another with Intent to Permanently retain the property. Specific intent. |
| Embezzlement | Conversion of the property of another by a person already in lawful possession of the property, with intent to defraud. Must have discretion over the property. Doesn't count if intend to return exact same property in same form. Specific intent. |
| False pretenses | Obtaining property of another (where victim intends to give full title) by an intentional false statement, with intent to defraud. A false future statement doesn't count. Specific intent. |
| Larceny by trick | Obtaining property of another (where victim intends to give only possession) by an intentional false statement, with intent to defraud. Specific intent. |
| Robbery | A larceny from someone else's person or presence by force or threat of immediate injury. Specific intent. Threats of future harm = extortion. |
| Forgery | Making or altering a legally significant writing so that it is false (not merely containing a misrepresentation like extra hours on a time card) with the specific intent to defraud. Can't derive value from its own existence (paintings don't count). |
| Burglary | Breaking and entering the dwelling of another at night with the intent to commit a felony inside. Breaking: can be constructive (defrauding the owner). Dwelling: someone regularly sleeps there. |
| Arson | The malicious burning of a building. Requires material wasting (charring counts, scorching doesn't). Must be the building itself. |
| Possession of Contraband | Possession means control for a long enough period of time to have an opportunity to terminate possession. Exercising "dominion and control" counts. Requires knowledge of possession and the nature of the item possessed. |
| Receipt of Stolen Property | Receiving possession and control of stolen personal property. Must know property is stolen and intend to permanently deprive owner of his interest in the property. |
| OUI (MA) | (MA Felony) Operating a motor vehicle under the influence of a controlled substance where the public has a right of access. |
| Carjacking (MA) | (MA Felony) To assault, confine or main, or to put any person in fear for the purpose of stealing a motor vehicle. (success unnecessary) |
| Accomplice | Aids or encourages the principal with the intent that crime be committed. Guilty of crimes he aids or encourages, and all other foreseeable committed crimes. |
| Accomplice Withdrawal | Encourager: repudiate encouragement. Aider: neutralize the assistance or prevent crime from happening (call police) |
| Accessory After the Fact | Defendant must (1) help a principal who has committed a felony with (2) knowledge that the crime has been committed and (3) with the intent to help the principal avoid arrest or conviction. (MA: Family members can't be charged) |
| Solicitation | Asking someone to commit a crime with the intent that crime be committed. Specific intent. The crime is in the asking (doesn't matter if other person says no or crime isn't committed). |
| Conspiracy | An agreement to commit a crime, intending for crime to be committed, plus an overt act toward commission of the crime. Can be merely preparatory, committed by any co-conspirator. Common law: Need 2 guilty minds; no conviction if all others are acquitted. |
| Wharton Rule | When 2 or more people are necessary for a crime, a conspiracy requires an additional person. 2 people can't conspire to duel, for instance. |
| Vicarious Liability / Pinkerton Rule | Common Law: Defendant liable for all crimes committed by co-conspirators that are in furtherance of a conspiracy and were foreseeable. MA: No vicarious liability for co-conspirator crimes. |
| Attempt | Requires getting "dangerously close" (common law/MA) or a "substantial step" that strongly corroborates criminal purpose (Majority/MPC). Attempt requires specific intent to commit underlying crime. |
| Inchoate Mergers | Solicitation and attempt merge. Conspiracy does not. |
| Insanity: M'Naughten | Either defendant didn't know his conduct was wrong OR did not understand the nature of his conduct. |
| Insanity: Irresistible Impulse | Defendant either was unable to control his actions OR was unable to conform his conduct to the law. |
| Insanity: MPC / Massachusetts | Defendant lacked the substantial capacity to either appreciate the criminality of his conduct OR conform his conduct to the requirements of the law. |
| Incompetency | At time of trial, defendant unable to understand the nature of proceedings against him or assist his lawyer in preparing defense. (postpone trial) |
| Diminished Capacity (MA) | 1st degree murder reduced to: 2nd degree in absence of premeditation Voluntary manslaughter in absence of malice |
| Voluntary Intoxication | Defense to specific intent crime only. Need severe "prostration of the faculties"/ |
| Infancy | Cannot prosecute defendant under 7 years old. Rebuttable presumption against prosecuting a child under 14 (not in MA). |
| Mistake of fact | Specific intent: any mistake of fact (reasonable or unreasonable) is a defense. General intent / malice: only a reasonable mistake is a defense. Strict liability: mistake of fact never a defense. |
| Mistake of law | Only a defense if knowledge of law is an element of crime. |
| When can you use non-deadly force? | Reasonably necessary to protect against an immediate use of unlawful force against himself. |
| When can you use deadly force? | Facing an imminent threat of deat or serious bodily harm. Can't use if you're the initial aggressor unless you withdraw from fight, or the victim escalates nondeadly fight into a deadly one. |
| Self-defense mistake | A reasonable mistake is a complete defense. An unreasonable mistake is no defense (MA/majority), or a mitigating factor (MPC/minority). |
| Defense of property | Can only use deadly force when an intruder has gained entry to D's dwelling in a tumultuous manner and D reasonably believes deadly force necessary to prevent a personal attack |
| Necessity | A defense when D reasonably believes conduct necessary to prevent a greater harm. Can't cause death to protect property, or cause the initial situation. |
| Duress | A defense when D is coerced to commit a crime by threat of death or serious bodily harm to him or close family member. Never a defense to homicide. |
| Entrapment | Defense when govt. unfairly tempts D to commit a crime; where the criminal design originated with the govt., and the D was not predisposed to commit the crime. |
| Use of Force to Arrest | By cop: force must be reasonable, only deadly when felon threatens serious bodily harm and necessary to prevent escape. By citizen: Same, but can only use deadly force if person actually guilty of felony. Just need reasonable grounds for non-deadly. |
| When does jeopardy attach? | Jury trial: impaneling and swearing in of jury. Bench trial: swearing in first witness. |
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