Term
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Definition
U.S. has power to criminalize and prosecute crimes that occur
-in U.S. territory
-on ships and planes
-by US nationals abroad
states can only punish crimes having some connection to the state; for example
-whole crime or part of crime occurred inside the state
-conduct outside the state that involved an attempt to commit a crime inside the state
-conspiracy to commit a crime and an overt act occurred within the state |
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Term
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Definition
voluntary/affirmative act or omission/failure causing criminally proscribed result
no such thing as a thought crime
must be some physical act in the world
act must be voluntary
-not necessarily mean that you wanted to do it, but that you have motor control over the act
-unconscious/asleep/under hypnosis = not voluntary
duty/failure to act: criminal liability in five instances
-imposed by statute
-K
-special relationship
-detrimental undertaking
-causation |
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Term
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Definition
four states of mind in common law: specific intent, malice, general intent, strict liability
specific intent
-D not only committed actus reus, but did it for purpose of causing a specific result
-first-degree murder
-inchoate crimes (conspiracy, attempt, solicitation)
-assault with attempt to commit a battery
-theft offenses (larceny, embezzlement, forgery, burglary, robbery)
malice (D acted in reckless disregard of high risk of harm occurring)
-murder
-arson
general intent
-catch all category
-D intends to commit an act that is in fact unlawful; D does not need to be aware of legal ramifications of act, but must intend to commit the act
-generally, acts that are done knowingly, recklessly, or negligently under MPC are general-intend crimes
strict liability
-as long as D voluntarily commits actus reus, doesn't matter what D's intent was to be liable
-D does not need to have a particular state of mind; must only need to have committed crime
tip:
-intent to: specific intent
-knowingly or reckless: general intent
-no means rea: consider strict liability |
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Term
| Mistake of fact v. mistake of law |
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Definition
can negate mens rea
mistake of fact
-negates criminal intent (if honest belief)
-defense to specific intent crime even if unreasonable mistake
-defense to general intent/malice crime only if reasonable
mistake of law, only valid if:
-relied on court order/administrative order or official interpretation
-statutory definition of malum prohibitum crime not available before conduct
-honestly held mistake of law negates required intent |
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Term
| Transferred intent doctrine |
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Definition
when a D has requisite mens rea for committing a crime directed against A, but actually commits crime against B, what happens?
-we'll transfer specific intent the D had for A over to B
vicarious liability: holds person liable for actus reus committed by someone else
-corporation can be held liable for actions of its high-level employees or board of directors
-MPC requires specific duty imposed by law on the corporation, or that high-level officials have authorized or tolerated the act; both individual who has actus reus and means rea and corporation for which he works can be held liable |
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Term
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Definition
-D can be convicted of more than one crime arising out of same act; but D cannot be convicted of two crimes when two crimes merge into one; D can only be convicted of one of the crimes in that case
-two categories of merger: lesser-included offenses and merger of an inchoate and completed offense
lesser-included offense
-lesser-included offense: an offense in which each of its elements appears in another offense, but other offense has something additional
-greater-included offense: offense which includes all elements of lesser-included offense, but requires something additional
-jury will be charged with figuring out if D committed greater-included offense; if they determined he didn't, will then determine whether he committed the lesser-included offense (note: can't be convicted of both, not that he can't be tried for both)
-ex: larceny is a lesser-included offense of robbery; merge together
inchoate and completed offenses
-attempt: inchoate offense of attempt merges into complete offense if D actually commits crime; can't be convicted with attempt to commit a robbery and robbery; success is defense to an attempt charge; but can be charged with both
-solicitation: merges into completed offense
-conspiracy and substantive offenses do NOT merge; once can be convicted of both conspiracy and committing the offense |
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Term
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Definition
principal in first degree: commits criminal offense or aids/hires/counsels or otherwise procures criminal offense to be committed
-does not have to be actually/constructively present at commission of offense
-includes accessory before the fact
accomplice liability
-aids/abets principal during the crime with intent for crime to be committed
-liable for crime and all natural and probable consequences
-to withdraw, accomplice must: repudiate prior aid, countermand prior assistance or timely notify legal authorities, do so before chain of events set in motion and unstoppable
accessory after the fact
-person other than close relative who assists principal, knowing principal committed a third-degree felony
-any person who assists principal, knowing principal committed more serious crimes (offense against child, capital life, first-degree, second-degree felony)
-only liable for separate crime (obstruction of justice or harboring a fugitive) |
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Term
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Definition
can negate mens rea
four different tests
-M'Naghten (FL follows): D either did not know the nature of the act or did not know that the act was wrong (man thought wife was hat)
-Irresistible impulse: D has mental disease or defect that means D cannot control himself
-Durham rule: D would not have committed the crime but for his having a mental disease or defect
-Model Penal code: due to a mental disease or defect, D did not have a substantial capacity to appreciate wrongfulness of his acts or to conform his conduct to the law |
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Term
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Definition
-can negate mens rea
-covers alcohol, drugs and medication
involuntary intoxication
-can happen if the person has an unexpected or unanticipated reaction to a prescription medication
-can be a valid defense to a general intent, specific intent and malice crimes when it negates mens rea necessary for those crimes
voluntary intoxication
-is a defense only to specific intent crimes and only if it prevented D from forming mens rea
-not a valid defense if D got drunk in order to commit the crime
FL: voluntary intoxication is not a defense to ANY crime
-voluntary intoxication is not admissible to show D lacked mens rea or was insane
-only exception is if administration of intoxicant was pursuant to a prescription |
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Term
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Definition
-noncriminal violation: punishable by fine, forfeiture or civil penalty
-felonies: capital, life, first-degree, second-degree, third-degree
-misdemeanors: first-degree and second-degree
-reclassification: an offense will be reclassified to next highest degree if D was in possession of certain times or engaged in certain activities |
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Term
| Inchoate crimes: conspiracy |
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Definition
Common law elements:
-agreement
-between two or more people
-to commit an unlawful act
-modern conspiracy statutes: often require overt act
-FL: no overt act required
-MPC: only D who actually has been charged must actually agree to commit unlawful act
purpose
-unlawful purpose
-if what conspirators agree to do is not a crime, there is no conspiracy even if they think what they're doing is wrong
overt act: can be lawful or unlawful as long as it furthers the conspiracy
scope of conspiracy
-at common law, each co-conspirator can be convicted both of: conspiracy and all substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
-chain conspiracy: number of steps in narrative chain; each participant is liable for substantive crimes of his co-conspirators
-spoke-hub conspiracy: there is a central person that is dealing with many people on the periphery; central person will be liable for all crimes, but each of the spokes is treated as a separate crime
withdrawal from conspiracy
-common law: impossible to withdraw from conspiracy because crime is completed moment agreement is made
-federal rule: conspirator can withdraw prior to commission of an overt act by communicating intention to withdraw to all other conspirators or by informing law enforcement
MPC: conspirator who helps to thwart the success of a conspiracy can raise a withdrawal defense even after an overt act has occurred
-FL: can change your mind, but need to convince person not to commit the crime and manifest a complete renunciation of criminal intent
-if D has successfully withdrawn, cannot be liable for substantive crimes after withdrawal, but can remain liable for conspiracy |
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Term
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Definition
requires:
-specific intent to commit a particular criminal act
-taking a substantial step towards perpetrating the crime
-attempt is a specific intent crime, even when the completed offense is only a general intent or malice crime
-defenses for specific-intent crimes can be used as defense to attempt crimes (like voluntary intoxication and unreasonable mistake of fact)
-attempt merges into completed offense
-FL: can change your mind, but need to convince person not to commit the crime and manifest a complete renunciation of criminal intent |
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Term
| Inchoate crimes: solicitation |
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Definition
-occurs when individual intentionally invites, requests, or commands another person to commit a crime
-if person agrees, have a conspiracy
-if person commits crime, solicitation charge merges into completed offense
-FL: can change your mind, but need to convince person not to commit the crime and manifest a complete renunciation of criminal intent |
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Term
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Definition
common law: fetus is not a living person and therefore cannot be a victim of a homicide
FL: if a person kills an unborn quick child (viable fetus) by causing any injury to the mother, measure of killing is in the same degree had the killing been to the mother |
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Term
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Definition
common law: providing a person with means to commit suicide is not being an accessory to homicide
FL: person who deliberately assists another in commission of self-murder is guilty of manslaughter |
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Term
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Definition
common law: if victim died from injuries inflicted by D more than one year and one day after D's act, it was conclusively presumed that D was not proximate cause of death
FL: no year and one day rule |
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Term
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Definition
common law: murder was defined as the unlawful killing of a human being with malice aforethought; malice aforethought included:
-intent to kill
-intent to inflict serious bodily injury
-reckless indifference (depraved heart)
-felony murder
FL: different mental states are reflected in different degrees of murder; no use of term malice aforethought |
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Term
| FL: murder by degrees - generally v. FL |
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Definition
generally
-murder is divided into two degrees
-felony murder is included in first degree murder
-manslaughter is an unintentional killing
FL
-three degrees of murder and manslaughter
-felony murder is divided into all degrees based on underlying crime and on who actually committed killing
-FL also has manslaughter |
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Term
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Definition
killing of a living human being by another human being
-cannot commit a homicide of an animal
-cannot commit a homicide of someone who is already dead
-suicide is not a homicide, but assisting someone to commit suicide can be a homicide
must be causation between D's action and what happened to victim
-actual causation: V would not have died but for what D did
-proximate causation: act that D committed foreseeably caused V's death |
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Term
| Generally - first degree murder |
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Definition
-question will tell you if case involves first-degree murder
-first degree murder is specific intent crime, where as common-law murder is a malice crime, and other forms of homicide are general-intent crimes |
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Term
| Generally - common-law murder |
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Definition
definition: unlawful killing of another human being committed with malice aforethought
-lawful killing of another is not murder
-has to be a killing of another person
four kinds
-intent to kill: D acted with desire that V end up dead; need not be premeditated; can be formed in a second
-intent to inflict serious bodily harm: D intended to hurt V badly, and V died
-abandoned and malignant heart: D acted with cavalier disregard for human life and a death resulted; D must realize that his conduct really risk but need not have intent regarding outcome of his actions
-felony murder: death occurred during commission or attempted commission of a dangerous felony (burglary, arson, robbery, rape and kidnapping); can involve a third person killed by resister or police officer; deaths caused by other felonies get label of misdemeanor manslaughter; if your co-felon is killed by resister or police officer then D not guilty of felony murder
malice crimes: common-law murder is a malice crime; not specific-intent; unreasonable mistake of fact is not a defense nor is voluntary intoxication |
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Term
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Definition
all unlawful killings of another human being that aren't first degree or common law; two types: voluntary and involuntary
voluntary manslaughter
-occurs when a D does intend to kill V, but acted in heat of passion or under extreme emotional disturbance
-test: is the situation one in which most people would act without think and without time to cool off
involuntary manslaughter
-criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder
-D who engages in criminally negligent conduct that causes a death is guilty of involuntary manslaughter (traffic deaths)
-D is engaged in a crime that does not rise to above level of felony, and as a result of that crime, someone dies |
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Term
| FL - first degree felony murder |
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Definition
killing committed by person who is engaged in or attempting to engage in an enumerated felony:
-drug trafficking
-escape
-aggravated assault or abuse on a child, elderly, disabled person
-murder
-unlawful bombing
-terrorism
-burglary
-arson
-robbery
-rape
-kidnapping
-carjacking
-aircraft piracy
-aggravated stalking
-resisting an officer with violence
-sexual battery |
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Term
| FL - second degree felony murder |
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Definition
| killing is committed by someone other than D during commission of an enumerated felony |
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Term
| FL - third degree felony murder |
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Definition
| killing is committed during commission of non-enumerated felony |
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Term
| FL - second degree murder |
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Definition
-unlawful killing with a depraved heart
-killing occurs by someone other than the D in the commission of an enumerated felony |
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Term
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Definition
| unlawful killing during commission of non-enumerated felony |
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Term
| FL - attempted felony murder |
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Definition
two degrees:
first degree; requirements
-perpetrates or attempts to perpetrate a felony, and
-commits or aids in an intentional act that could but didn't kill someone
second degree, requirements:
-someone is injured by someone other than the perpetrator
-during commission of an enumerated felony |
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Term
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Definition
-classifies manslaughter by aggravated manslaughter and manslaughter
-manslaughter includes both voluntary and involuntary
-aggravated manslaughter: who is killed (child, elderly, disabled, police officer, fireman, paramedic) |
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Term
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Definition
requires:
-taking
-another person's property
-without his consent
-with the intent to deprive him of it permanently
-includes tangible personal property, not tangible (copyright), or real property
-taking: involves any movement of property, however slight
-consent must be real, not obtained by force or fraud
-borrowing property without owner's consent is not larceny as long as you intend to return it; if property is destroyed in your care, you have not committed larceny (maybe joyriding)
larceny is specific intent crime |
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Term
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Definition
-variation of larceny
-D starts out having V's consent to have property but commits embezzlement by converting property to his own use |
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Term
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Definition
-variation of larceny
-D obtains title to someone else's property through an act of deception |
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Term
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Definition
| under MPC larceny, false pretenses, and embezzlement are treated as a single statutory crime of theft (which includes both tangible and intangible property) |
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Term
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Definition
encompasses larceny, embezzlement, and false pretenses
elements
-knowingly
-obtain or use (or endeavor to obtain or use)
-another's property
-with intent to either permanently or temporarily deprive that person of the property
in FL there are degrees of theft
grand theft in first degree
-property valued at 100k or more
-cargo valued at 50k or more if it is entered into stream of commerce
-value of property 1k or more and motor vehicle was used to damage it
grand theft in second degree
-property valued at 20k to 100k
-cargo valued at less than 50k
-stolen law enforcement equipment
grand theft in third degree
-property valued between 300 and 20k
-property stolen from a dwelling valued at 100 to 300
-wills, firearms, vehicles, commercially farmed animals, fire extinguishers, stop signs, fruit in excess of 2k pieces
petit theft: property valued at 100 to 300 |
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Term
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Definition
robbery = larceny + assault
requires:
-larceny
-the taking occurs from V's person or in his presence
-either by physical violence or putting V in fear of imminent physical harm
FL: has degrees of robberies
FL: first-degree robbery
-when a weapon is used
-during a carjacking
-home invasion robbery
FL: second-degree robbery: all other robberies
FL: carjacking
-taking a motor vehicle
-intent to deprive
-use of force, violence, assault, putting someone in fear
FL: home-invasion robbery
-enters an occupied dwelling
-commits a robbery of occupants
-V must be present
-key: robbery is presence of person being stolen from |
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Term
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Definition
common-law requirements:
-breaking and entering
-dwelling
-of another
-at night
-with specific intent to commit a felony once inside
modern law & MPC requirements
-breaking and entering
-property
-of another
-with specific intent to commit felony inside
FL requirements:
-entering
-dwelling
-with intent to commit any offense
*do not need breaking
*dwelling includes any structure that has a roof and is designed to lodge people at night; can be abandoned
*need not be at night
*no requirement that it be a felony
breaking: can involve pushing open obtaining entry by force; someone who comes inside another's dwelling with owner's consent and steals something is guilty of larceny and not robbery
dwelling: place where people regularly live |
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Term
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Definition
requirements
-unlawful
-application of force
-to another person
-that causes bodily harm OR
-constitutes an offensive touching
-unlawful: consent is a complete defense
-need not be a great deal of force; slightest touch can constitute force
-battery is general intent crime, so voluntary intoxication and unreasonable mistake of fact are not defense
-application of force does not require an actual physical connection between D and V
FL: different levels
-battery: bodily harm not required; includes any intentional touching or striking without their consent
-felony battery: substantial injury required
-domestic battery: strangulation
-aggravated battery: great bodily harm or use of a weapon or battery on a pregnant woman |
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Term
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Definition
three types: attempted battery, intentionally place another fear of imminent bodily harm, and aggravated assault
attempted battery
-if D has taken a substantial step toward completing a battery, but fails, he will be guilty of assault
-specific-intent crime because it is an attempt
intentionally placing another in fear of imminent bodily harm
-general intent crime
aggravated assault: deadly weapon is used
FL:
-threat to commit violence
-apparent ability to do so
-act that creates a reasonable fear of violence
FL: aggravated assault
-use of deadly weapon and
-no intent to kill or commit a felony
-exception: deadly weapons can be displayed if individual has concealed weapon permit and they are not displaying the weapon in a threatening manner |
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Term
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Definition
common law: not really a crime
FL: three types
misdemeanor stalking
-first degree misdemeanor
-willfully, maliciously, and repeatedly follow or harasses
aggravated stalking
-third degree felony
-all elements of stalking plus
-credible threat of death or bodily injury
cyberstalking
-repeated course of conduct that communicates with a person causing them substantial emotional distress and serves no legitimate purpose
-use of electronic communication
-punishment is based on nature of communication |
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Term
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Definition
common-law rape requires
-unlawful
-sexual intercourse
-with a female
-against her will by force or threat of force
-is a general intent crime
modern day rape statutes
-usually does not have to involve a woman
-can occur without a threat of force
-can involve activity other than sexual intercourse
FL: not called rape but called sexual battery
-determined by age and/or use of a weapon |
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Term
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Definition
Sexual intercourse with a person under age; strict liability offense; if D knows he is having sex, cannot claim ignorance or mistake of V's age
FL: consent is not a defense because V is too young to consent
FL: three different types of statutory rape
-unlawful sexual activity with certain minors: D must be 24 or older and there must be sexual activity with someone who is 16 or 17
-lewd and lascivious offenses upon or in the presence of minors: minor must be younger than 16; degree of offense depends on age of perpetrator (if over 18 and child is between 12-16, second degree felony; if child is under 12, sexual battery, a first degree felony)
-contributing to delinquency of a child: a child under age of 16 is impregnated by someone 21 or older |
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Term
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Definition
-involves minors who knowingly transmit videos or photos electronically that depict nudity and that are harmful to a minor
-also a crime for a minor to possess such material, unless minor can show that they did not solicit the material and took measures to report it to a responsible adult
-distinguished from child pornography: for sexting, there does not need to be sexual posing, only nudity |
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Term
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Definition
requires
-unlawful
-confinement of another person
-against that person's will
-either by moving or hiding the V
FL: kidnapping requires more than just forcible abduction of a person, requires additional intent to:
-demand a ransom
-commit an additional felony
-inflict bodily harm or terrorize OR
-interfere with a governmental function
FL: lesser included crime of kidnapping is false imprisonment which does require forcible abduction but does not require additional intent |
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Term
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Definition
Common-law arson requirements
-malicious
-burning
-of another person's
-dwelling
burning: under common law it had to be burning as opposed to an explosion or just smoke damage; also requires damage to structure not just contents; under modern statutes it is arson even if there is no damage to structure or if fire was caused by explosion
another person: at common law you couldn't torch your own house; under modern statutes, burning your own home is arson
dwelling: under modern statutes burning down a commercial building is arson
arson is a malice crime, not specific-intent
FL: requirements
-D acted willfully and unlawfully or during commission of a felony AND
-dwelling or structure where persons are normally present is burned |
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Term
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Definition
-willful act of falsely promising to tell the truth, stating something false either verbally or in writing, about material matter
-person must know what they are saying is false and falsity must go to a material matter
-subornation of perjury: when you pay someone to testify falsely |
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Term
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Definition
-common law: corrupt payment of something of value for purposes of influencing an official in discharge of his duties
-modern law: allows bribery to be prosecuted even if the person being bribed isn't a public official; offering a bribe and receiving a bribe are both felonies |
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Term
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Definition
nondeadly force
-may be used anytime a victim reasonably fears an imminent unlawful harm
deadly force: V is entitled to use deadly force only if he reasonably believes that deadly force will be used against him
-under MPC, V can use deadly force if he reasonably believes that crime involved could result in serious bodily injury
-majority rule: required to retreat
-minority rule: must retreat if safe to do so; but not required to do so when person employing deadly force in his own home
FL: person is presumed to have necessary reasonable fear to use deadly force if:
-person against whom force was used unlawfully or through force enters dwelling or occupied vehicle OR
-person against whom force was used tried to remove another against her will from a dwelling or vehicle OR
-person who used the force knew of that act
FL: no presumption if
-person against whom force was used has a right to be in the dwelling
-person being removed is a child being removed by a legal guardian
-person against whom force is used is a law enforcement officer
-person using force is using dwelling or vehicle for improper purpose
FL: no duty to retreat if force is necessary to prevent death or bodily harm or if force is necessary to prevent a forcible felony
FL: use of deadly force is not just a defense that can be assert; it is immunity from criminal prosecution or civil action; don't have to go to trial because I am immune; court grants a dismissal of a cause; only a defense if the V was a law enforcement officer and D knew or reasonably should have known |
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Term
| Defense - excusable homicide - FL |
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Definition
-accidental killing during a lawful act (not really a defense, just means prosecution didn't do its job)
-accident during heat of passion (voluntary manslaughter; need intent; look to see if was an accident)
-killing during combat without use of a dangerous weapon and person who did killing did not do it in a cruel or unsual way |
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Term
| Defense - defense of others |
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Definition
| individual has same right to defend other individuals against criminal that she has to defend herself |
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Term
| Defense - defense of property |
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Definition
-right to use only nondeadly force to protect property
-cannot use deadly force to protect property only |
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Term
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Definition
-D claims he only committed a crime because he was threatened by a third party and reasonably believed that the only way to avoid death or injury to himself or others was to commit the crime
-for duress to be a defense to a crime, death or serious bodily harm must be threatened; mere threat of injury property is not sufficient
-defense for all crimes other than intentional murder |
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Term
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Definition
| available in response to natural forces; think: lesser of two evils |
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Term
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Definition
generally: two approaches
-objective approach: only considers action of police and whether their actions created a substantial risk that crime would occur (offer of child porn on internet)
-subjective approach: looks at both actions of police and predisposition of D (predisposition to commit crime)
FL: follows subjective approach; entrapment defense requires
-government inducement
-absence of predisposition |
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