All crimes require voluntary action

Some omissions constitute AR: Special relatoinship (Parent/spouse) Statory (file tax return) Contractual (lifeguard/doctors) voluntary undertaking (began rescuing cannot quit before help arrive) creation of peril (you cause accident)

CL

• Specific intent - intent to do some purpose beyond the actus reus of the crime
• General Intent - Intent to commit the actus reus of the crime
• Malice/reckless - deliberate ill will; reckless disregard for consequences

MPC

• Purposefully - acting purposefully to do the forbidden act or bring about forbidden result
• knowingly - acting with awareness of the nature of his conduct or that such conduct will cause a particular result
• recklessly - conscious disregard for a substantial & unjustified risk
• negligently - should be ware of a substnatial and unjustified risk or result of certain conduct

Inchoate offenses (solicitation, attempt, conspiracy)

First degree Murder

Assault

All Common Law felonies against property: habitation, theft

Second Degree Murder

Arson

Mayhem

Statutory Rape

Selling liquor to minors

bigamy

Homicide: 1st degree, 2nd degree, Manslaughter

Nonhomicides: Battery, aggravated battery, assault, aggravated assault, mayhem, Rape, false imprisonment, kidnapping

Causation: Actual (but for) proximate (foreseeability)

Mens Rea - Malice

• Intent to Kill
• Intent to do serious bodily injury
• Wanton/Depraved heart
• Felony murder Rule

Def: death caused in commission or attempt of inherently dangerous felony (majority - an dangerous felony)

Notes: Malice is implied from intent of underlying felony

Limitation: Killing must be a foreseeable consequence

Any defenses to underlying felony

killing must be foreseeable

Point of temporary saftey - if extended time in between then killing unforeseeable

Redline Rule (D not liable for death of co-felon by cop/victim)

Felony independent of the killing

Felony Murder

premeditation

poison/bomb/torture/ambush

Specific Intent

All murder not elevated by statute to 1st degree

No. specific intent defenses

Def: killing was illegal under the law but under the circumstances defendant is justified to act that way

types: Defense of self/others, crime prevention, necessity

Heat of Passion - adequate provocation, heat of passion, no adequate cooling off period, defendant did not cool off

Imperfect Self-Defense (not using approrpiate means of response)

Mistaken justification

diminished capacity

Downgrade to involuntary manslaughter - the actions were unlawful but no specific intent for the action

Negligence or misdemeanor manslaughter

Intentionally creating a reasonable apprehension of imminent bodily harm (General Intent)

or

Attempted battery (specific Intent)

Breaking (or exceeding scope of consent)

Entering

of a dwelling (must be used for sleeping)

of another (not yours)

At nighttime (minority rule)

Intent to commit a felony

Malicious (intentional or with reckless disregard for risk)

Burning

of Dwelling

of another (own building does not count)

Trespass (not D right to possession)

Taking - in a wrongful way (trespass/trick)

Carrying way (however slight)

Personal property of another (w/o consent)

Specific intent to permantently deprive victim of his interest

D believes property is his or right to it

only intend to borrow (not permanent)

to keep as repayment of a debt

no intent to permanently deprive

not originally a wrongful taking (started as permissive borrowing)

fraudulent (requires specific intent to defraud)

conversion (must deprive owner of significant interest)

of personal property

property of another

by person in lawful possession of property (ie. employee)

As long as D gets possession and does not require title

Obtaining Title

to Persona Property of another

By intentional false statement of past or existin fact

with intent to defraud the other

A trespassory taking & carry away

personal property of another w/o consent

From the other person's presence (vacinity)

by force or threat of immediate death or physical injury

Specific intent to permanently deprive interest

Obtaining property

of another

by means of future threats (do harm to victim/family or expose info)

Receiving possession and control

stolen personal property

knowing it is obtained in a manner constituting criminal offense

by another person

with intent to permanently deprive the owner of his interest

Def: Intention to induce another to commit a crime

Merger Doctrine applies: Attempt, conspiracy, target offense. If D does not take steps in furtherance of these crimes it remains solicitation

If other person agrees -> solicitation becomes conspiracy based on merger

Def: Agreement between 2+ to commit unlawful act

Exception: Wharton's Rule - if crime requires 2 parties then not conspiracy (ie. adultery)

Merger - does not apply

CL: agreement 2+, intent to agree (common purpose), intent to achieve unlawful purpose, requires overt act in furtherance

Withdrawal:

• affirmative act (verbal/action)
• inconsistent with objectives of the conspiracy
• communication to all co-conspirators
• timely notice
• If overt act is element must neutralize the crime

Def: person is accountable for all crimes committed by another as part of conspiracy or present at the time crime was committed

Requires: Active aiding and intent (mere knowledge/present not enough)

Defense: withdrawal (must neutralize)

Accessory after the fact is a crime

Def: Substantial act (beyond mere preparation) toward perpetration of an specific intended crime

Defenses: Factual impossibility (not a defense), Legal Impossibility (if you believe it is illegal when it is not)

Voluntary - defense to specific intent

Involuntary - defense to all crimes

Children under 7 have no criminal liability

Children under 14 rebuttable presumption of no criminal liability

Applies only to Specific Intent crimes

Def: as a result of mental defect, D did not have requisite mental state to commit the crime

Reasonable Fear

Imminent

Bodily Harm

Reasonable force

*must not be original aggresor

Necessity - Pressure from nature or physical forces & reasonable necessary

Duress - Threat of death or  serious bodily harm, directed at D or his family, coercion, situation creating coercion not D's fault (Not defense to homicide)

Defense to negate intention

• Specific Intent requires - any mistake
• General Intent - reasonableness

Voluntary - does not require notified of right to say no, whether RPP believe he can leave

Victim legally capable - apparent authority relied by police to begin search

not by fraud

Criminal design originates w/ law enforcement officer

D was not predisposed to committing crime

Modern: would actions of policei nduce a RPP to commit the crime?

Valid - Probable cause, particularity about time/place/manner, detached magistrate

Properly executed - must knock and announce and search within scope of warrant

Stop and Frisk

consent

Exigent Circumstances

Automobile

Incident to Lawful arrest

Plain View

School children

Def: Right to detain and question with articulable and reasonable suspicion criminal activiy is afoot. Pat down if reasonable belief suspect is armed

Waiver to 4th Amendment rights

Voluntary (police have no obligation to warn action constitute a waiver)

Within intended scope of consent (can i search your bag? limited to bag)

Untainted by Illegal detention/arrest

Any delay would cause destruction or loss of evidence or danger to life & property

Requires:

• Hot Pursuit
• imminent violence
• destruction of evidence

Def: If probable cause, may search whole car & truck + open any packages that reasonably contain item

Inventory Search: must be part of routine procedure & not a pretext for sole purpose of criminal investigation

Non-auto: Lawful arrest +contemporaneous search + grabbable area (protective sweep)

Auto: lawful arrest + contemporaneous search + grabbable area + car & container if reasonable to believe D might access vehicle at time or search or vehicle contains evidence of offense

Must be legitimately on the premise (lawful to be there)

Evidence must be obviously incriminating (obviously illegal)

cannot move object otherwise it is not obvious

To challenge a S&S must have standing

Reasonable expectation of privacy in the thing seized or area searched

No expectation of privacy: bank records, false confidence, garbage, handwriting, open fields, voice exemplars, disclaimer of ownership

Def: All evidence obtained or derived from illegal police acts as tainted fruit

dissipation of taint

independent source rule

inevitable discovery

exception: If police acted on good faith of defective Warrant, other purposes (grand jury, preliminary hearings, impeachment, sentencing, parole decisions, immigration proceedings)

Def: Protection against custodial interrogation

Custodial = not free to leave (except traffic stops, public safety)

Interrogation: any conduct where police knew, or should have known, they might elicit damaging statement

Information must be in response to a direct question, not volunteered by defendant.

Protection against compelled testimonial self-incrimination

requires government action

Voluntary

knowing - of self conduct

Intelligent

14th Amendment Voluntariness (totality of circumstances)

6th Amendment right to Counsel (right @ critical stages)

4th Amendment Fruits of illegal Conduct

Defendent protection from being charged of same crimes if all elements of one are in the other

attaches: during jury trial (swearing in), non jury trial (swearing in first witness)

Does not attach: previous crime mistrials, hung jury, separate sovereigns (state/fed juris), successful appeal unless grounds for reversal = sufficiency of eidence, breach of agreed upon plea bargain by D

Immunity - D agrees to testify in exchange fo immunity

Waiver - must assert right prior to taking stand

No possiblity of incrimination - civil trial where already found not guilty in criminal trial

Right to Counsel during:

• Pretrial ID
• During critical stages

Right to Counsel

Pretrial ID

Applies to post charge lineup

does not apply to photo showing

Due process violation if lineup is unnecessarily suggestive and substantial likelihood of misidentification

Defense: independent source (if ample time to observe D at crime scene)

Protection to all felonies and sentencing that result in actual loss of liberty

at all critical stages

Adversarial preliminary hearing

Post indictment interrogation

post indictment line up (but not photo or prearrest)

Arraignment/accused brought into court to plead

Plea stage

Sentencing

Knowing, Voluntary & Intelligent

to be determined by judge

Specific deficiency but not lack of experience, lack of time to prep, gravity of charges, complexity of defense, accessibilty of witnesses, trial tactics, rejection of D's request for continuance

Deficiency of performance and must lead to a different result

Must show conflicting interest adversely affects Lawyer's performance

Not invalid per se

if Lawyer advises trial court of a resulting conflict of interest before trial and court refuse to appoint separate counsel, D entitled to reversal on minimal showing he/she may be prejudiced

Def: if two or more persons are tried together and one gave confession that implicates the other, the right of confrontation prohibits the use of that statement

Exception: If statemnet eliminated implicating factos (ie redacted non confessor's name), confessor takes the stand so D can confront

Must be voluntary

Judge assess D's understanding: nature of charge, maximum setnence, right to pead not guilty, plea would waive rights

Ensure voluntariness

On the record

Right on Possiblity of over 6 months of jail time

Jury pool must be cross-section of community

Jury must be atleast 6 members

Juror oppose death penalty -> must oppose DP & view substantially impairs duty to serve = excluded for cause

Mere scruples against DP not an valid to be excused

Def: In criminal prosecutions, the accused shall enjoy the right to a speedy trial

attaches at time of arrest or formal charge

Balance Test: length of delay (more than 5, less than 8), reason for delay, D's responsbility to assert the right, prejudice to D

Cruel - inten to cause pain

unusual - no toher State does it

Disproproitionate sentence