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MD Criminal Law
Criminal Law MD Day
| Term | Definition |
|---|---|
| Crimes of Ommission | D must have had a legal duty to act (statute, contract, special relationship, creation of the peril) |
| Attempt | Specific Intent: Intent to commit the substantive crime. |
| Specific Intent (Common Law) | Intent to commit the act and the crime |
| Malice (Common Law) | Intentional or reckless disregard of an obvious or known risk. |
| General Intent (Common Law) | Intent to commit the act but NOT to commit a crime. |
| Strict Liability (Common Law) | No mens rea. Still need a voluntary act (actus reus) |
| Purpose (MPC) | Actual desire / actual intent to commit the crime |
| Knowledge (MPC) | Awareness. Willful blindness. |
| Reckless (MPC) | Conscious disregard of a substantial and unjustifiable risk; wanton. |
| Negligent (MPC) | Gross negligence = failure to be aware of a substantial and unjustifiable risk. |
| Transferred Intent | MBE: Intent to 1 victim, intent toward another. MD for murder: Concurrent Intent: D created a kill zone with multiple bullets & bystander victim was in the kill zone |
| Solicitation | Inducing/urging/commanding another to commit a felony. Purpose/specific intent. Merges with completed crime and conspiracy. Abandonment & impossibility NOT defenses. Protected class exception. |
| Conspiracy | Agreement to commit a crime. NO overt act requirement. Specific intent. Can be guilty of conspiracy AND substantive crime. Guilty of all substantive crimes in furtherance of and foreseeable. Can withdraw - must notify others in time. Wharton Rule +1 |
| Attempt | Act beyond mere preparation. MD & MPC: substantial step. CL: dangerously close. Specific intent. Impossibility NOT a defense. Abandonment NOT a defense. |
| Battery | Unlawful application of force resulting in bodily injury. General intent. Consent is a defense. |
| Assault (MBE) | Attempted battery OR intentional creation of reasonable apprehension of imminent bodily harm (mere words not enough). Specific intent. |
| Assault & Battery (MD) | 2nd Degree: Intent to frighten; Attempted battery; OR CL battery (harmful or offensive conduct). 1st Degree: Also use of a firearm; attempt to cause or cause death/serious bodily injury (natural and probably consequence) |
| Mayhem | Dismemberment or disablement of a body part |
| Murder | Homicide + Malice (intent to kill; intent to inflict great bodily harm; reckless indifference to an unjustifiably high risk to human life (abandoned, malignant, depraved heart); felony murder) |
| Felony Murder (MBE) | Felony must be inherently dangerous. Felony must be independent of the murder. Not guilty if police or bystander kill a person or if co-felon is killed. |
| Felony Murder (MD) | MRS. BAKER felonies (Murder, Rape, Sodomy, Burglary, Arson, Kidnapping, Robbery). Felony must be independent of the murder, except for aggravated assault & battery. Not guilty if police / victim kill a person or if co-felon killed UNLESS human shield. |
| Larceny | Taking of personal property of another, asportation, trespass, intent to steal permanently. |
| Theft (MD) | D obtained anything of value by illicitly with the intent to deprive for any period of time. (covers larceny, embezzlement, & false pretenses) |
| Robbery | MBE: Larceny by force or threat of force. MD: Theft by force or threat of force. |
| Extortion | Obtaining property of another by threat of violence or threat of economic harm. MD: threat to accuse of disrepute. |
| Burglary (MBE) | Breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the dwelling |
| Burglary (MD) | Breaking and entry of any building of another with the intent to commit a crime. Doesn't have to be at night. |
| Arson | Malicious burning of another's dwelling. MD: any building. |
| Accomplice Liability (MD & Modern Trend) | Accomplice is guilty of same crime as principle. Accessory after the fact is a different crime. |
| Accomplice Liability (Common Law) | All guilty of the same crime: Principle (commits the act); Second degree principle (accomplice present at the scene); accessory before the fact (not at the scene); accessory after the fact (escape). |
| MD / MPC - Instanity | As a result of a mental disease, D lacked the SUBSTANTIAL CAPACITY to APPRECIATE that what he did was wrong or to CONFORM HIS CONDUCT TO LAW. Prove by a preponderance of the evidence. |
| M'Naghten Test - Insanity | A disease of the mind that cause D to lack the ability at the time of the crime to know what he did was wrong or to understand the nature of his act. |
| Irresistible Impulse Test - Insanity | Mental illness cause a sudden urge to commit a crime that could not be resisted. |
| Durham Test - Insanity | Unlawful act was the product of a mental disease or defect. |
| Not competent to stand trial | At time of trial, D doesn't understand the nature of the proceedings OR is unable to assist his lawyer in preparation of a defense. |
| Intoxication as a defense | Involuntary intoxication = complete defense if D is considered insane. Voluntary intoxication = defense to specific intent crimes - NOT general intent crimes or less. |
| Infancy as a defense (MBE) | under 7 = not guilty. 7-14, rebuttable presumption against knowledge of wrongfulness. Over 14 = adult. |
| Infancy as a defense (MD) | Over 18 = adult. 14-18 = transfer to juvenile court. |
| Self Defense | Reasonable force to protect self or a third person from imminent use of unlawful force. MBE: no duty to retreat. MD: duty to retreat before using deadly force unless in home |
| 1st degree murder | Homicide + poison, lying in wait, premeditated and deliberate (cool dispassioned manner), felony murder. MD - MRS BAKER Felonies |
| 2nd Degree Murder | All non-1st degree murders. MD: non MRS BAKER felony murders as long as its dangerous to human life |
| Involuntary Manslaughter | Homicide by criminal negligence; misdemeanor-manslaughter; MD: unlawful act involuntary manslaughter |
| Voluntary Manslaughter | Homicide following adequate provocation in the heat of passion. Sudden and intense passion (object and subjective standard). No cooling off period. Cheating spouse NOT enough in MD |
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