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PRE Criminal Law

MBE Preview

Murder- Common law Killing of human being with malice aforethought Transferred intent is allowed
Murder- "Malice Aforethought" 1. Intention to kill, or 2. Intent to inflict serious bodily injury, or 3. Intent to commit a dangerous felony, or 4. Depraved heart murder (unintentional killing results from reckless conduct)
Murder- Felony murder Intent to commit a dangerous felony Unintentional killing result of inherent and serious felonies B: Burglary A: Arson R: Robbery R: Rape K: Kidnapping Agency liability: Felon is only responsible for deaths he or accomplice(s) causes
Murder- Manslaughter 1. Voluntary (intentional killing in heat of passion (adequate provocation)), or 2. Involuntary (Unintentional killing results from D's criminally negligent conduct), or 3. Misdemeanor (death as a result of assault and battery)
Murder- Self-defense Use reasonable force when threatened with bodily injury or harm
Murder- Self-defense with use of deadly force Use when threatened with imminent and serious bodily injury or death
Murder- M'Naughten Rule (defense) 1. Disease of mind, 2. Cause defense of reason, 3. Leaving D at time of his actions lacking ability to either- a. Know wrongfulness of his actions, OR b. Understand nature and quality of his actions
Theft- Larceny 1. Trespassory taking (without consent), 2. Carrying away of personal property of another, 3. Specific intent to steal
Theft- Larceny by trick 1. Taking through lies, deceit, or false statement (fraud) 2. Carrying away of personal property of another, 3. Specific intent to steal Mere POSSESSION obtained
Theft- Embezzlement Misappropriation of property of another by one who is in rightful possession of property of another Must have availment (entrusting property in someone who converts it)
Theft- Property obtained by false pretense D obtains TITLE to property by means of lies, deceit, or false statement Almost always money Cash transferred without any limitations = title
Accomplice liability Someone who with intent that crime be committed helps principle before or during commission of crime
Accomplice liability- Common law Absent a statute- Mere knowledge crime might result from sale of ordinary good and ordinary price is insufficient for accomplice liability
Attempt 1. Specific intent to commit target offense, and 2. Substantial step in furtherance of that intent Transferred intent does NOT apply to attempt crimes
Arson- Common law Malicious burning of the dwelling house of another Intent or reckless disregard to whether consequence would result
Burglary- Common law Breaking and entering or entering of dwelling or house of another, at night, with specific intent to commit larceny or felony Open for business = no breaking and entering
Specific intent v. General intent General: Doing an act is enough to show intent (e.g. speeding) Specific: doing an act + specific intent to do so
Defense of intoxication Applies to specific intent crimes But, if form intent to commit crime first, then CANNOT use intoxication as defense
Conspiracy Each person taking part in planning of a crime is guilty Agreement between two or more guilty minds
Conspiracy- Withdrawal from crime Effective communication to fellow conspirators, then allowed to show no liability for crime after withdrawal
Defense of duress NOT a defense for murder, but all other crimes
Fleeing felon Officer may shoot fleeing felon to stop him if probable cause to believe imminent threat of serious bodily injury to officer or others
Created by: dmoore147