What are Specific Intent crimes?

Requires the defendant possess a subjective desire, specific objective, or knowledge to accomplish a prohibited result.

FIAT CRIMES

First Degree Murder;

Inchoate offenses (attempt, solicitation, conspiracy)

Assault with intent to commit a battery; and

Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).

What are malice crimes?

The crimes of common-law murder and arson require malice, a reckless disregard of a high risk of harm.

Malice requires only a criminal act without excuse, justification, or mitigation.

Intent is inferred from the accomplishment of the act.

What are general intent crimes?

General intent crimes require only the intent to perform an act that is unlawful.

Battery

Rape

Kidnapping

False Imprisonment

What are strict liability crimes?

Strict liability does not involve mens rea. 

Proof of the act is enough for conviction

Statutory Rape

Bigamy

Regulatory offenses for public welfare

Regulation of food, drugs, and firearms

Selling liquor to minors

What is the accomplice's criminal liability?

Accomplice is responsible for the same crime, to the same extent as the principal

If accomplice provided encouragement or assistance to any crime, they are liable for the natural and probable consequences of the planned come and others.

How can an accomplice withdraw to avoid liability for the substantive crime?

1. repudiate prior aid

2. do all that is possible to countermand prior assistance, and

3. do it before the chain of events is in motion and unstoppable.

Change of heart, fleeing crime see, arrest, or uncommunicated decision to withdraw is not effective.

What are the four tests for insanity?

M'Naghten test

Irresistible-impulse test

Durham rule

Model Penal Code test

What is the M'Naughten test?

The D is not guilty if, because of a defect of reason due to a mental disease, the D did not know either (i) the nature and quality of the act or (ii) the wrongfulness of the act

Without knowing that the act is wrong, a D cannot form the requisite criminal intent.

What is the irresistible-impulse test?

The D is not guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.

Impulse that D cannot resist.

What is Durham rule?

A D is not guilty if the unlawful act was the product of the D's mental disease or defect and would not have been committed but for the disease or defect.

This is the "but-for" test.

What is the Model Penal Code test for insanity?

Combines M'Naghten and irresistible impulse tests.

The D is not guilty if, at the time of the conduct, he, as a result of mental disease or defect, did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law.

What is voluntary intoxication a defense to?

Specific intent crimes, if intoxication prevents the formation of the required intent.

MPC crimes for which a material element requires a mental state that is purposely or knowingly and the intoxication prevents the formation of that mental state.

*Not a defense to malice crimes.

What are the 3 common law homicide categories?

1. Homicide justified by law
2. Criminal homicide
1. Murder
2. Voluntary Manslaughter 
3. Involuntary Manslaughter
3. Excusable homicide

What is common law murder?

The unlawful killing of another living human being with malice aforethought.

What mental states are included in malice aforethought?

1. Intent to kill
2. Intent to inflict serious bodily injury
3. Reckless indifference to an unjustifiably high risk to human life (depraved heart)
4. Intent to commit certain felonies (felony murder)

What are the felonies associated with felony murder?

BARRK crimes

Burglary

Arson

Rape

Robbery

Kidnapping

During the commission of a BARRK felony, if a co-felon is killed by another co-felon is it felony murder?

What about if a co-felon is killed by a victim or cop?

Felony murder = killed by co felon

NO felony murder if co-felon is killed by victim or cop

How can a defendant defend against felony murder? What must they establish?

1. Valid defense to the underlying felony

2. The felony was not distinct from or independent of the killing itself (aggravated battery).

3. Death was not a foreseeable result or a natural or probable consequence of the felony (no prox. cause)

4. Death occurred after the commission of the felony and the ensuing flight from the scene of the crime.

Proximate-cause theory v. Agency theory regarding cop killing of bystander or as result of resistance by the victim of the felony

MAJORITY: Agency Theory: no liability for felon in death of bystander caused by victim or cop, neither is the agent of the felon.

Proximate cause theory: Liability for bystander death, may attach because death is a direct cause of felony.

Redline Doctrine: death of a co-felon

D is generally not guilty of felony murder when a victim or cop acting in self defense or trying to prevent the escape of the D or his co-felon, kills the co-felon. 

Killing by cop or victim is considered justifiable homicide. 

First Degree Murder

Deliberate and premeditated 

Homicide is not 1st-degree murder without a statute

Specific Intent Crime

At Common Law, were there 1st and 2nd degree murders?

NO, these require a statute.

What is second-degree murder?

Homicide committed with the necessary malicious intent: intent to kill,

do great bodily harm,or

depraved heart murder

Murder during the commission of a felony other than BARRK

Malice Crime

What is voluntary manslaughter?

What is involuntary manslaughter?

Unintentional homicide committed with criminal negligence or during an unlawful act

What is criminal negligence?

Grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death.

Requires more than ordinary negligence, and something less than the extremely negligent conduct required for depraved heart murder.

MPC: gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

What is larceny?

Trespassory

Taking and

Carrying away

Of personal Property

Of another

With the intent to permanently deprive that person of the property

Specific Intent Crime

What is larceny by trick?

Obtaining possession, but NOT title to, property owned by another through fraud or deceit who has the intent to unlawfully convert, later does convert

D fraudulently induces the victim to deliver possession of the property to the D

What is forgery?

Fraudulent

Making

Of a false writing

With apparent legal significance and

the intent to defraud

What is embezzlement?

Fraudulent 

Conversion

Of the property

Of another

By a person who is in lawful possession of the property

What is false pretenses?

Obtaining title to the property;

of another person;

Through the reliance of that person;

ON a known false representation of material past or present fact; and

The representation is made with the intent to defraud

**TITLE MUST PASS

What is Robbery?

Larceny; 

From the person or presence of the victim;

By force or intimidation 

What is common-law burglary?

Breaking and;

Entering;

Of the dwelling;

Of another;

At nighttime;

WIth the specific intent to commit a felony therein.

What is Arson?

Malicious;

Burning;

Of the dwelling;

Of another.

What is battery?

Unlawful;

Application of force;

To another person;

That causes bodily harm to that person; or

Constitute an offensive touching

What is assault?

An attempt to commit a battery; or

Intentionally placing another in apprehension of imminent bodily harm

What is kidnapping?

Unlawful; 

Confinement of a person;

Against that person's will;

Coupled with either:

The movement; or

The hiding of that person

What is false imprisonment?

Unlawful;

Confinement of a person;

Without consent.

What are the inchoate offenses?

Solicitation

Conspiracy

Attempt

*Specific Intent Crimes

What is conspiracy?

An agreement;

Between 2 or more persons;

to accomplish an unlawful purpose;

with the intent to accomplish that purpose

Unlike a solicitation and attempt conviction, a conviction for conspiracy does NOT merge into a conviction for the completed crime

What is the Wharton Rule?

What is the Pinkerton Rule?

A conspirator can be convicted of both the offense of the conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy.

What does attempt require?

A substantial step toward the commission of a crime; coupled with

the specific intent to commit the crime

What is required for a legal withdraw for an accomplice?

(avoid liability for the substantive crime)

the accomplice must:

i. repudiate prior to aid

ii. do all that is possible to countermand prior asistance

iii. do so before the chain of events is in motion and unstoppable

Change of heart, flight from crime scene, an arrest, or uncommunicated decision to withdraw is ineffective.

Accomplice liability

Is a D guilty as an accomplice when their action is itself an essential element of the crime?

No

*contractor bribing public official, statute punishes official

What is robbery?

larceny from the person or presence of the victim by force or intimidation

Force does not need to be huge, but must be more than the amount necessary to effectuate taking and carrying away the property.

What is the continuing trespass rule?

Trespass is deemed to be continuing when the D does not possess the necessary intent at the time of the taking but later develops the intent to permanently deprive the owner of the personal property.

The initial taking of the property must have been wrongful

*box fell off roof of car, pedestrian takes box, box is postmarked,  decides to keep it after first taking it to return it.

At common law, can a conspirator be convicted of conspiracy if all other conspirators are acquitted at the same trial?

No, because there must be more than one conspirator to have a conspiracy.

What is the pinkerton rule?

Every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission.

What crimes merge into substantive offenses?

Solicitation and Attempt

NO MERGER for conspiracy

What are the specific intent crimes?

BAM ACTS

Burglary

Assault

Murder (1st Degree)

Attempt

Conspiracy

Theft

Solicitation

What are the Malice crimes?

Reckless disregard of obviously high risk of harm

Common Law Murder/Arson

What are general intent crimes?

Awareness of all factors constituting crime, e.g., awareness of act or high likelihood it will occur

Battery

Rape

Kidnapping

False Imprisonment

What are inchoate offenses>?

Solicitation: 

Conspiracy: 

Attempt

What is required for conspiracy?

i. agreement + ii. intent to agree + iii. unlawful objective

Majority Jx: requires overt act

Liability: all foreseeable crimes committed to further conspiracy

Withdrawal:

i. affirmative act notifying all members of withdrawal

ii. assistant in neutralizing

Cuts off liability for future crimes, no conspiracy.

Insanity Defenses:

M'Naghten Test

At the time of conduct D lacked ability to know wrongfulness of actions or nature/quality of actions;

Insanity 

Irresistible Impulse:

D lacks capacity for self-control & free choice

Insanity

Durham:

Insanity

MPC

Defenses negating criminal capacity:

intoxication

Voluntary: only defense for specific intent

Involuntary: like insanity is a defense to all, including Strict liability.

Mistake as a defense:

When is mistake of fact allowed?

Mistake of law?

Fact: negates criminal intent (if honest), defense to specific intent crime even if unreasonable mistake. Defense to general intent/malice crime only if reasonable

Law: D relief on court decision/administrative order or official interpretation

Murder:

What is murder?

Homicide/Murder:

How can malice be shown?

Intent to Kill: conduct that is the legal cause of death + intent to kill

Intent to do serious bodily injury: serious bodily injury + intent to kill

Reckless indifference to human life: results from reckless indifference to an unjustifiably high risk to human life + unintentional killing

Intent to commit a felony: proximately caused by and during the commission or attempted commission of an inherently dangerous felony + unintentional killing (felony murder)

Statutory Murder

What is 1st and 2nd degree?

1st Degree: (specific intent) deliberate/premeditated (after forming intent to kill D had time for reflection) or felony murder

2nd Degree: (malice crime) necessary malicious intent (common-law murder) or default category if not first degree murder

What is Voluntary Manslaughter?

Heat of Passion w/o time to cool, murder with adequate provocation

What is involuntary manslaughter?

Criminal negligence, battery or misdemeanor

Inchoate Offenses: Merger:

What is solicitation?

Enticing, encouraging, or commanding another person, to commit a crime, with the intent that the other person commits the crime

Renunciation: if voluntary, may be a defense if D thwarts commission of the solicited crime.

Inchoate Offenses: Merger:

What is conspiracy?

Inchoate Offenses: Merger: Conspiracy

What is a unilateral conspiracy?

May be formed when only one party actually agrees (modern trend and MPC; not recognized under common law)

Inchoate Offenses: Merger: Conspiracy

What is an overt act?

Common law v. Majority/federal law/MPC

Common Law: no overt act required

Majority/federal/ MPC: require legal/illegal overt act in furtherance of the conspiracy

Inchoate Offenses: Merger: Conspiracy

What is the scope of conspiracy?

(Pinkerton Rule)

Inchoate Offenses: Merger: 

What does attempt require?

Substantial step toward commission of crime (beyond mere preparation)

Coupled with specific intent to commit the crime

Factual impossibility - not a defense (legal impossibility OK)

Abandonment - not a defense after substantial step is taken (CL)

If the crime is completed, the attempt mergers into the completed crime.

Defenses: Mistake of Fact

When is mistake a viable defense and when is it not?

Viable: if mistake is a reasonable one

Not viable: unreasonable mistake only a defense to specific-intent crimes

M'Naghten Test

D is not guilty if, because of a defect of reason due to a mental disease, the D did not know either the nature and quality of the act, or the wrongfulness of the act

Mother did not know it was morally wrong to drown her son because she thought it was the spawn of hitler.

Battery

One is liable for battery when he intentionally causes a harmful or offensive contact with the person of another and acts with the intent to cause such contact or the apprehension of such contact.

NO proof of actual harm is required

P does not need to be aware of contact

Sleeping, while roommate attempts to remove blouse.

Is a D who fails to commit the underlying felony during a burglary, guilty of burglary as well as attempt to commit the underlying felony?

Yes

women breaking into ex husbands home to steel sculpture he was awarded in divorce, doesnt find it.

When does a factual impossibility occur? 

At the time of the attempt, the facts make the intended crime impossible to commit although the D is unaware of this when the attempt is made.

This is not a defense to the crime of attempt

What is imperfect self-defense?

Person claiming self-defense unjustifiably kills attacker, such as when honestly but unreasonably believes self-defense is required. 

The rule reduces the change from murder to voluntary manslaughter.