Foundation Course: Crim:aw/Procedure review
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| CrimLaw - Approach to Crimes | 1- Type of injury / Who or what is the crimes against?
2- Statute?
3- What is in the mind of the defendant?
4- Are there defenses?
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| CrimLaw - Principles of Criminal Liability | • Actus Reus
• Mens Rea
• Concurrence
• Causation
• Defenses
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| CrimLaw - Mens Rea- “Knowingly” | A person has "knowledge" of a material fact if he is aware of the fact or he correctly believes that it exists.
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| CrimLaw - MENS REA: "willful blindness" or "deliberate ignorance" | i.e., if the defendant is aware of a high probability of the existence of the fact in question, and he deliberately fails to investigate in order to avoid confirmation.
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| CrimLaw - Mistake of Fact | • Specific Intent - any mistake, reasonable or unreasonable
• General Intent - only reasonable mistake
• Strict Liability – mistake of fact is no defense
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| CrimLaw - Self Defense (non-deadly force) | Reasonable non-deadly force is allowed where defendant reasonably believes it is necessary to avert imminent harm
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| CrimLaw - Self Defense (Deadly force) | Deadly Force – allowed
1) to meet deadly force, or
2) to counter a threat of serious bodily harm
General Rule: No duty to retreat
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| CrimLaw - Specific Intent crimes | requires an actual subjective intent to cause a specific result
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| CrimLaw - General Intent crimes | requires only an intent to do the prescribed act
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| CrimLaw - Strict Liability crimes | requires no mens rea
-Regulatory offenses
-Regulation of food, drugs, firearms
-Morality crimes
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| CrimLaw - Voluntary Intoxication- SI | 1. A defense to a specific intent crime where it negates the mens rea, but no defense to a general intent crime (e.g. arson).
2. Can reduce 1st degree murder to 2nd degree, but does NOT mitigate murder to voluntary manslaughter.
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| CrimLaw - Insanity Defense (M'Naughten test) | M’Naghten – cognitive test
1) defendant does not know the nature and quality of his act OR
2) he does not know what he was doing
was wrong
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| CrimLaw - Criminal Liability for Failure to Act | A duty may arise by:
1) Statute
2) Contract
3) Creation of victim’s peril
4) Relationship (parent and spouses)
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| CrimLaw - Manslaughter | • Voluntary – intentional killing (SI)
1) Adequate provocation
2) Mistaken justification
• Involuntary – unintentional (GI)
1) Gross negligence
2) Misdemeanor - manslaughter
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| CrimLaw - Redline Rule | To be guilty of felony murder, the killing must have been done in the furtherance of the felony, but the victim must be an innocent party.
Felony murder does not apply when the person
killed is a co-felon.
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| CrimLaw - Solicitation- SI | • Defendant entices, encourages, orders or
requests another to commit a crime. The crime
is complete at this point.
• Merges into the target offense
• No defenses at common law
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| CrimLaw - Conspiracy- SI | • Elements (common law):
1) Agreement between 2 or more persons
2) Intent to achieve same criminal objective
• Conspiracy does NOT merge
• Defenses
- Withdrawal is no defense at common law
- MPC contra if defendant “thwarts the
success”
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| CrimLaw - Attempt- SI | • Elements: 1) Intent to commit a crime
2) a “substantial” step in furtherance that goes beyond mere preparation
• Merges into the completed offense
• Defenses: Legal impossibility − yes
Factual impossibility − no
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| CrimLaw - Unilateral Theory of Conspiracy | According to the Model Penal Code, an
agreement between “2 or more” persons is not required. Only an intent by a single actor agreeing with another is needed.
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| CrimLaw - Scope of Conspiracy - Pinkerton Doctrine | • A co-conspirator is guilty of all crimes
committed “in furtherance of” the conspiracy
(i.e. Pinkerton crimes)
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| CrimLaw - Scope of Conspiracy - Withdrawal from Pinkerton crimes | Withdrawal from Pinkerton crimes may occur
where a conspirator
-1) notifies all other members of the
conspiracy, and
-2) such notice is timely giving other members the opportunity to abort their plans
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| CrimLaw - Accomplice Liability- SI | 1) gives aid or encouragement with
2) intent to achieve same criminal objective
Scope: all crimes reasonably foreseeable”
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| CrimLaw - Battery (GI) & Assault (SI) | - Battery - General intent crime
Unlawful Application of Force
- Assault- Specific intent crime
1) Attempted Battery Type
2) Intent to Frighten Type
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| CrimLaw - Accessory After The Fact- SI | • Knows of a completed crime, and
• Gives aid to hinder apprehension or conviction
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| CrimLaw - False Pretenses- SI | False representation of a past or present material fact which causes the victim to pass title to the wrongdoer.
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| CrimLaw - Embezzlement- SI | Fraudulent conversion of the personal
property of another by one in lawful
possession.
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| CrimLaw - Burglary- SI | Elements (Common Law):
• Breaking and entering of,
• the dwelling house of another,
• at nighttime with
• the intent to commit a larceny or felony
therein.
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| CrimPro - Approach to Criminal Procedure | 1- Standing- Possessory interest in place or thing?
2- State Action- is there a government actor involved?
3- Timing- pre or post indictment or arrest
4- Requirements- reasonable suspicion, probable cause
5- Exceptions
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| CrimPro - Presumptions | • Shifts the burden of production to the opposing party
• Must be accepted as true, unless rebutted
• A jury instruction creating a presumption as to an element of the crime charged is unconstitutional and violates due process
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| CrimPro - Basis for Appeal | • Right to Jury Trial - Arises where imprisonment for more than 6 months is possible
• Right to Counsel – Arises for felonies or
misdemeanors where imprisonment is actually
imposed
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| CrimPro - Reasonable Expectation of Privacy | • If there is a REP, then police intrusion
constitutes a search
• If there is no REP, then police intrusion is not a search
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| CrimPro - Standing (warrantless searches) | Defendant must have a possessory
interest in the premises searched or in
the items seized.
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| CrimPro - Search Req-s | 1. Probable cause
2. Warrant required, unless an exception applies
a) Stop and frisk
b) Search incident to lawful arrest
c) Plain view
d) Automobile
e) Consent
f) Hot pursuit
g) Exigent circumstances
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| CrimPro - Inventory Search | A routine search to protect the arrestee’s personal items and to safeguard the police from any claims of theft.
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| CrimPro - Curtilage | The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated “open fields beyond.”
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| CrimPro - “Open Fields” Doctrine | • Applies to the area beyond the “curtilage”
• No REP
• No 4th Amendment protection
• A view of “open fields” is NOT a search
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| CrimPro - “Consent” Search | Consent extends to all areas where a
person with an apparent equal right to use
or occupy the property would have joint
access or control.
- co-habitant?
- shared area?
- child?
- burden on police
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| CrimPro - Dog Sniff | • A dog sniff of the exterior of a lawfully stopped vehicle does NOT constitute a search.
• A positive canine alert provides probable cause to search.
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| CrimPro - Warrant Requirements | • A search warrant may be issued only by a neutral, disinterested magistrate.
• Search warrants require probable cause, oath or affirmation, and a particular description of the place and object of the search to meet constitutional requirements.
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| CrimPro - Warrant Requirements - Standard for probable cause | - A sworn statement of facts showing PC to search this place for these items.
- The standard for probable cause is objective, meaning that there is sufficient information to persuade a reasonable person that a certain place contains evidence of a crime.
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| CrimPro - Protective Sweep - Definition | A sweep of the area immediately around the arrestee, and the path, walk or hallways directly to and from him and the entrance to the residence.
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| CrimPro - Protective Sweep - Purpose | The purpose is to ensure the security of law enforcement officers.
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| CrimPro - Protective Sweep - Limitations | The protective sweep must be limited to a cursory inspection of places where a person may hide, and last no longer than is necessary to dispel the reasonable suspicion of danger.
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| CrimPro - Miranda | Law enf officials must administer warnings in order to protect an individual who is in custody and subject to direct questioning or its functional equivalent.
Prevents against violations of individual’s 5AM right against compelled self-incrimination.
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| CrimPro - 6th Amendment Right to Counsel | • Prevents deliberate elicitation of
incriminating statements once formal
charges have been filed (critical stages)
• Actual waiver required
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| CrimPro - Double Jeopardy | The act of putting a person through a second trial for an offense for which he or she has already been prosecuted or convicted.
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