Term
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Definition
| voluntary act or omission that causes a social harm |
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Term
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Definition
| (1) conscious object or (2) knowledge to a virtual certainty |
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Definition
| awareness of a fact or correct belief in a fact's existence (subjective) |
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Definition
| awareness of a high probability + deliberate ignorance = knowing |
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Definition
| awareness of a substantial and unjustifiable risk and conscious disregard of that risk |
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Term
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Definition
| D not aware of a substantial and unjustifiable risk of which he should have been aware (reasonable person) |
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Term
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Definition
| requires proof of some mental state beyond mens rea needed to commit actus reus of the crime (knowledge) |
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Definition
| no further intent needed (recklessness) |
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Definition
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Term
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Definition
| engaging in sexual intercourse with a person under the age of consent |
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Term
| Mistake of Fact--Specific Intent Crime |
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Definition
| Must be honest and unreasonable + has to negate mens rea required for the crime |
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Term
| Mistake of Fact--General Intent Crime |
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Definition
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Term
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Definition
| even if D can assert a reasonable mistake of fact, he or she will not be exculpated if, had the facts been as D believed them to be, s/he would still be guilty of a crime (C/L) |
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Term
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Definition
Defense if it negates mens rea
MPC legal wrong (only charged for lesser crime) |
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Term
| Entrapment by Estoppel (Mistake of Law) |
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Definition
| (1) reasonable reliance on an (2) official interpretation of the law (3) later determined to be erroneous (4) by someone with the authority to interpret/administer/enforce the law |
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Term
| Ignorance or Mistake that Negates Mens Rea (Mistake of Law) |
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Definition
| If knowledge of the law is an element of the offense |
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Term
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Definition
Passivity of Conduct (Omission)
Due process requires notice
Can't punish for status |
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Term
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Definition
| But for D's voluntary act or omission, would the social harm have occurred when it did? (substantial factor, modified but-for) |
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Term
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Definition
| Is it fair and just to hold D criminally liable? |
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Term
| Dependent Intervening Cause |
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Definition
| Responsive to Act. D is proximate cause unless the intervening cause is extremely unusual or bizarre |
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Term
| Independent Intervening Cause |
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Definition
| Not responsive to act. D is not responsible unless the intervening cause is foreseeable |
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Term
| Voluntary Human Intervention |
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Definition
| If VHI comes between D's act and the social harm, D relieved of criminal liability |
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Term
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Definition
| (1) occurs after D's voluntary act and before the social harm and (2) contributes causally to the social harm |
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Term
| Intended Consequences Doctrine |
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Definition
| D got what s/he wanted, it's fair to hold D criminally liabile |
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Term
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Definition
| If D's act contributed minimally to the social harm, it is unfair to hold D criminally liable |
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Term
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Definition
| If V reaches a position of apparent safety, it is unfair to hold D criminally liable for the social harm. "Dangerous forces have come to rest." |
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Term
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Definition
| there must be a connection between the actus reus and the mens rea |
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Term
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Definition
| D must possess the requisite mens rea at the same moment her voluntary conduct (or omission) causes the social harm |
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Term
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Definition
| Mens rea must be the motivating force behind the actus reus. |
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Term
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Definition
| the unlawful killing of a human being by another human being |
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Term
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Definition
| the unlawful killing of a human being by another human being with malice aforethought |
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Term
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Definition
| the unlawful killing of a human being by another human being without malice aforethought |
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Term
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Definition
| Intent to kill (can prove using DWR and NPCD) |
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Term
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Definition
Intent to commit GBI
DHM
FMR |
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Term
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Definition
| prove that D acted with gross recklessness & extreme indifference to human life |
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Term
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Definition
would otherwise be murder but we mitigate
Provocation
Diminished Capacity
Imperfect Self Defense |
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Term
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Definition
Categorical
Aggravated assault/battery
observation of crime against close relative
illegal arrest
mutual combat
catching one's wife in the act of adultery |
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Term
| Provocation (Modern Test) |
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Definition
D provoked
Reasonable person provoked
D didn't cool
RP wouldn't have cooled |
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Term
| Misdirected Retaliation Rule |
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Definition
| D must have killed the person who provoked him (Provocation |
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Term
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Definition
| Show s/he acted with criminal negligence |
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Term
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Definition
| Felon responsible for any deaths that occur in the perpetration of a felony |
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Term
| Inherently Dangerous Felony Limitation |
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Definition
Felony has to be dangerous?
In the abstract test
Consider the facts test |
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Term
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Definition
| The killing has to occur within close temporal/geographical proximity to the felony |
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Term
| Place of Temporary Safety Rule |
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Definition
| Felony-murder liability continues during the escape until the felon reaches a place of temporary safety |
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Term
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Definition
The underlying felony must be independent of the killing
Independent Felonious Purpose Exception |
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Term
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Definition
Majority: only killings by cofelons liable
Minority: cofelons responsible for any deaths |
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Term
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Definition
| D can be liable for murder if a third party shoots at D and kills the shield |
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Term
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Definition
| (some jurisdictions) D who initiates a gun battle can be found guilty of murder for any ensuing death |
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Term
| Misdemeanor Manslaughter Doctrine |
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Definition
| A homicide that occurs during the commission or attempted commission of a misdemeanor constitutes involuntary manslaughter. |
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Term
| Misdemeanor Manslaughter Limitations |
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Definition
Causation
Inherently Dangerous
Malum in se
N/a if misdemeanor is strict liability |
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Term
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Definition
Sexual Intercourse
By force or threat of force
Without the victim's consent |
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Term
| Honest and Reasonable Belief in Consent Defense |
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Definition
Yeah...what it sounds like
For Forcible Rape |
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Term
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Definition
| V doesn't realize she's engaging in sexual intercourse, V's consent is invalid. D is guilty of non-forcible rape |
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Term
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Definition
| V knows she's engaging in sexual intercourse but is deceived as to some collateral matter. V's consent is valid. D not guilty of rape. |
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Term
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Definition
D must honestly and reasonably believe in
Imminence
Necessity
Proportionality
Not initial aggressor
No duty to retreat (True Man) |
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Term
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Definition
| D honestly but unreasonably believed it was necessary to use deadly force in self defense--voluntary manslaughter |
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Term
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Definition
Same as SD (but force used to protect others)
At C/L act at peril rule + third party had to be close relative |
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Term
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Definition
An occupant of a dwelling may use deadly force against an intruder if s/he honestly and reasonably believes
(1) such force is necessary to prevent imminent unlawful entry (2) the intruder intends to commit a forcible felony or kill or cause GBI |
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Term
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Definition
Deadly force may not be used solely to protect property
Spring Gun Rule
Exception |
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Term
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Definition
Balance of Harms / Imminence / Abatement
No reasonable legal alternatives / legislature has not determined the matter vs. D / D not at fault |
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Term
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Definition
Source of necessity must not be a human being (some juris)
Not a defense to homicide
Limited to protections of persons/prop |
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Term
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Definition
Can be argued against FMR in MPC juris
D's act must be in response to (1) imminent threat of death or SBI (2) reasonable fear that the threat will be carried out, and (3) no reasonable opportunity to escape |
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Term
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Definition
Threat must be directed at D or family member (some juris)
"Clean hands"
Duress not a defense to murder |
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Term
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Definition
| D is incompetent to stand trial if D (1) doesn't understand the nature of the proceedings or (2) can't assist in his own defense |
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Term
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Definition
| D is NGI if, at the time of the act, D was laboring under mental disease or defect such that he did not know (1) the nature and quality of the act, or (2) that what he was doing was wrong |
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Term
| Irresistible Impulse Test |
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Definition
| D is NGI where he was driven by an "irresistible impulse" to commit his offense |
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Term
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Definition
| D is not criminally responsible if his unlawful act was the product of mental disease or defect |
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Term
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Definition
| D is NGI if, at the time of the act, as a result of mental disease or defect, D lacks substantial capacity either (1) to appreciate the wrongfulness/criminality of his conduct or (2) to conform his conduct to the law |
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Term
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Definition
| If D, due to mental disease/defect, commits a crime believing the act is ordained by God, D should be found NGI |
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Term
| Diminished Capacity (Mens Rea Variant) |
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Definition
| Because of mental disease/defect not amounting to insanity, D lacked the mental state necessary for commission of the offense |
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Term
| Diminished Capacity (Partial responsibility variant) |
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Definition
| D was suffering from mental disease/defect not amounting to insanity; D should be found guilty of some lesser offense |
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Term
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Definition
The act is so near the result that the danger is very great. (attempt)
gravity of the crime, certainty of the result, degree of apprehension felt |
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Term
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Definition
| D's conduct, standing alone, unambiguously manifests D's criminal intent. D can be found guilty of attempt (but still need mens rea) |
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Term
| Indispensible Instrument test |
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Definition
| D lacks a necessary instrument for commission of the target offense (can't be liable for an attempt) |
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Term
| Substantial Step MPC 5.01 |
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Definition
| Person guilty of attempt if he purposely does or omits to do anything whcih constitutes a substantial step in a course of conduct planned to culminate in his commission of a crime (must be strongly corroborative of the actor's criminal purpose) |
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Term
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Definition
| affirmative defense if he abandoned his effort to commit the crime or otherwise prevented its commission |
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Term
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Definition
D must intend to do the acts constituting the actus reus of the attempt
D must specifically intend to commit the target offense (MPC and C/L) |
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Term
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Definition
| D's intended act isn't criminal (defense even in MPC) |
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Term
| Hybrid legal impossibility |
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Definition
| D's intended act is criminal, but D is mistaken about some fact regarding the legal status of some factor relevant to the offense in question (MPC rejects, many states follow) |
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Term
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Definition
| If the facts were as D believed them to be. D would have committed his target offense. Not a defense |
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Term
| Inherent factual impossibility |
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Definition
| D chooses a means of accomplishing his criminal goal that is virtually certain to fail (defense at C/L) |
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Term
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Definition
| the person who actually commits the crime |
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Term
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Definition
| a person who intentionally assists P1 and is present during the commission of the offense (assistance may be prior to the crime) |
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Term
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Definition
| one who intentionally assists P1 before the crime, but is not present during the commission of the crime |
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Term
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Definition
| one who, after the commission of the crime, intentionally assists P1 in avoiding arrest, prosecution, or conviction |
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Term
| Innocent Instrumentality Rule |
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Definition
| a person who uses a non-human agent or non-culpable human agent to commit the crime = the P1 |
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Term
| Natural and Probable Conseuqences Doctrine (for accomplice liability) |
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Definition
| an accomplice is liable for the crime he assists and any NPCs of that crime (applies to P2 and ABTF) |
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Term
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Definition
| need affirmative conduct either in the form of acts or words from which reasonable inferences of a common design or purpose to effect the commission of a crime might be drawn (an omission may satisfy if the accomplice had a legal duty to act) |
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Term
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Definition
| Mere presence is enough if it can and does aid the primary actor (presence, companionship, conduct) acts of assistance: physical psychological, omission |
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Term
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Definition
| if you ask someone to commit a crime and they do, you can be an accomplice; if they don't do it, you can be guilty of solicitation |
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Term
| Mens rea for accomplice liability |
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Definition
| (1) intent to do the acts of assistance and (2) intent that the target offense be committed |
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Term
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Definition
agreement with one or more persons to commit a crime
conspiracy merges with target crime |
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Term
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Definition
agreement between two or more persons to commit a crime.
conspiracy does not merge with target crime (majority rule) |
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Term
| Actus reus for conspiracy |
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Definition
the agreement to commit a crime, and
an overt act in furtherance of the conspiracy |
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Term
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Definition
| D must (1) intend to agree and (2) intend that the target crime be achieved |
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Term
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Definition
| a co-conspirator is liable for unintended crimes that could have been reasonably foreseen as a natural consequence of the unlawful agreement |
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Term
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Definition
D must completely and voluntarily renounce is criminal intent, and
D must actually thwart the conspiracy |
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Term
| Special defenses to conspiracy |
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Definition
Abandonment
Legal impossibility (pure or hybrid, some juris) |
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