Term
| Principles of Criminal Law |
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Definition
Actus Reus
Mens Rea
Concurrence between actus reus and mens rea
Causation - factual and proximate |
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Term
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Definition
| A killing of another human being caused by the defendant and committed with malice aforethought |
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Definition
1. Defendant acted alone to cause death
2. Defendants omission caused death and defendant by statute, contract, relationship or voluntary undertaking had a duty to act
3. Act of a 3rd party contributed to cause death
-Vicarious liability: A defendant may be liable for the crime of another if the defendant (1) solicits the crime, (2) as a conspirator with the one who commits the crime, or (3) is an accomplice to the one who commits the crime; or (4) under the felony murder rule. (3rd party act must be foreseeable?) |
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Definition
1) Intent to kill (through words or use of a deadly weapon in a deadly manner)
2) Intent to inflict serious bodily harm
3) Depraved Heart
4) Felony Murder Rule |
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Definition
| Reckless indifference to a known high risk of death (wanton conduct) This is subjective. |
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Definition
Homicide committed during the perpetration of an inherently dangerous felony (used to establish mens rea)
The felony must be the proximate cause of the homicide (foreseeable result) |
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Definition
| From attempt until felon reaches a place of temporary safety |
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Term
| Inherently Dangerous Felonies |
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Definition
Burglary, Arson, Rape, Robbery and Kidnapping (BARRK)
Minority rule: Some states also include non-dangerous felonies committed in a dangerous manner |
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Term
| Are felons liable for death caused by a co-felon? |
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Definition
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Definition
| A homicide committed without malice |
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Term
| Categories of involuntary manslaughter |
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Definition
1. Intent to inflict slight bodily harm
2. Criminal negligence
3. Misdemeanor-Manslaughter |
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Term
| Intent to inflict slight bodily injury |
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Definition
| Defendant kills victim with no intent to kill or seriously injure, but did not have intent to inflict some slight bodily injury. This is typically a non-aggravated (no weapon) battery or assault that causes death of victim. (i.e. bar fight) |
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Term
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Definition
| Defendant kills victim while acting in a more than ordinary negligent manner but the defendant’s conduct does not present a high enough risk of death for depraved heart recklessness. Defendant’s conduct is a “gross deviation” from the standard of care that a reasonable person would observe. |
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Term
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Definition
| Defendant kills while committing a non-inherently dangerous felony (i.e., felony not sufficient for felony murder) or a malum in se (inherently wrongful) misdemeanor as opposed to a malum prohibitum (wrongful only because prohibited by statute) crime. |
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Term
| Justifications for homicide: |
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Definition
1. Self defense
2. Defense of Others
3. Crime prevention
4. Apprehension/Arrest of criminal
5. Reasonable mistake
6. Defense of Habitation/Property |
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Definition
| The defendant may deadly force use to protect against an imminent deadly attack. Deadly force must be reasonable and necessary to repel the attacker. |
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Term
| Is there a duty to retreat? |
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Definition
The defendant need not retreat before using deadly force, unless defendant is the initial aggressor (started the fight) and safe retreat is available.
-Minority rule: Defendant must retreat before using deadly force if safe retreat available, unless defendant in his/her home, a police officer, or victim of a violent felony. |
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Term
| What if defendant is initial aggressor? |
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Definition
Defendant cannot assert self-defense as a justification unless:
-The defendant initial aggressor withdraws (clearly communicates to victim intent to stop fighting) OR
-The defendant initially used non-deadly force and is now faced with attacker suddenly using deadly force AND
-If is safe retreat available, the initial aggressor must retreat before using deadly force. |
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Definition
Defendant can use deadly force if reasonable and necessary to defend another.
Minority rule: defendant can use no more force than the person they are defending (Steps into the Shoes of person defended) |
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Definition
| A police officer or private person may use deadly force if reasonably necessary to prevent this commission of a dangerous felony (BARRK). |
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Term
| Apprehension/Arrest of Criminal |
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Definition
A police officer or private person may use deadly force if reasonably necessary to prevent apprehend/arrest a dangerous felon.
1. NOTE: A private citizen can only use deadly force if the person apprehended with deadly force is actually guilty of the dangerous felony. A private citizen is not entitled to make a reasonable mistake (we don’t encourage vigilantism) |
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Definition
| A defendant may use deadly force based on a reasonable mistake as to self-defense, defense of others (majority only) and crime prevention. Only a police officer can use deadly force to apprehend or arrest based on a reasonable mistake. |
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Definition
Defendant cannot use deadly force to protect home or other property.
Exception: Deadly force can be used to protect occupants of home from violent intruder or if intruder intends to commit a felony inside. |
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Term
| Excuse & Categories of Excuse |
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Definition
If a homicide (or any other crime) is excused, the defendant is not criminally liable
1. Youth/infancy
2. Insanity
3. Intoxication |
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Definition
1. Under age of 7: no criminal liability
2. Between 7 and 14: Rebuttable presumption of no criminal liability.
3. Over 14: Treated as an adult. |
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Term
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Definition
1. M’Naghten or “Right/Wrong” test: Defendant, as a result of mental defect, did not know the wrongfulness of his act OR could not understand the nature and quality of his acts.
2. Irresistible Impulse Test: Defendant, as a result of mental defect, was unable to control his conduct or conform his conduct to the law.
3. ALI/Model Penal Code Test: Defendant lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.
4. Duham Test: (Only followed in New Hampshire): Defendant is not guilty if his crime was the product of a mental disease or defect. |
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Term
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Definition
If the defendant is intoxicated (alcohol, illegal or legal drugs, etc) at the time of the crime, the intoxication may excuse criminal liability.
Voluntary intoxication - no defense to crimes requiring no intent (strict liability), general criminal intent, or malice. It can negate specific intent.
Involuntary intoxication is a defense to all crimes if the intoxication renders the defendant "insane" under the applicable test. |
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Term
| Voluntary Manslaughter & its categories |
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Definition
an intentional killing would otherwise be murder would be mitigated due to:
-Provocation: An intentional killing will be mitigated to voluntary manslaughter if the defendant experiences adequate provocation. The provocative act must be one that would cause both the subjective and objective passion and no cooling off occurred.
-Good Faith Mistake: A defendant who intentionally kills victim under good faith, but unreasonable mistake belief as to self-defense (so called “imperfect self-defense”), defense of others or crime prevention can successfully argue their homicide crime should be mitigated to voluntary manslaughter. |
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Term
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Definition
First Degree:
-Premeditated and deliberate intent to kill
-Felony Murder
Second degree: all other murders that do not qualify as first-degree murder |
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Definition
-Attempted battery – defendant attempts (but is unsuccessful) to cause imminent harmful contact with victim.
-Intentional creation of reasonable apprehension of contact: Defendant attempts to cause victim to reasonably apprehend imminent harmful contact. |
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Definition
| The unlawful application of force to another person causing bodily injury or offensive contact |
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| The confinement of another person involving either movement or concealement of the victim (No ransom required). |
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Definition
| Unlawful carnal knowledge of a person under the age of consent; it is not necessary to show lack of consent. (strict liability crime – so mistake as to age is not a mistake) |
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Definition
| Dismemberment or disablement of a body part. |
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Definition
| Trespassory taking and carrying away of the personal property of another with the intent to permanently deprive |
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Definition
| trespassory taking and carrying away of the personal property of another with the intent to permanently deprive WITH the victim’s apparent consent. But the consent is negated because acquired by the defendant’s misrepresentation (“trick”) |
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Definition
| The fraudulent conversion of the property of another by one in rightful possession. Victim must first voluntarily give the defendant rightful possession of the property that the defendant later fraudulently converts. |
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Definition
| The acquisition of title to another’s property by a false representation with the intent to defraud |
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Definition
| Larceny committed from the victim's person or presence by force or threat of force of immediate bodily harm. |
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Definition
Common law – corrupt collection of an unlawful fee by an officer under color of office
Modernly – obtaining property by means of threats to do harm or to expose information
Different from robbery because in extortion threats may be of future harm and taking need not be in victim’s presence. |
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Definition
| The burning of a protected structure of another with malice |
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Definition
| The trespassory breaking and entering of the protected structure of another at nighttime with the intent to commit a felony therein |
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Definition
| -Making or altering a writing with apparent legal significance making it false with intent to defraud |
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Definition
| At common law, misprision of a felony consisted of the failure to disclose knowledge of the commission of a felony or to prevent the commission of a felony. Under modern statutes, misprision is no longer a crime, or if it remains a crime, it requires some affirmative action in aid of the felon. |
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Term
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Definition
| Compounding consists of agreeing, for valuable consideration, not to prosecute another for a felony or to conceal the commission of a felony or the whereabouts of a felon. Under modern statutes, the definition refers to any crime. |
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Definition
| Marrying someone while having another living spouse |
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Definition
| Defendant is guilty of attempt if defendant commits an act of perpetration with the intent to commit the intended (target) crime. |
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Definition
Merger: Attempt merges into the target crime so a defendant who actually commits the intended crime cannot be convicted and punished for both attempt and the intended crime.
Impossibility: Legal & Factual. If the defendant does not succeed in committing the target crime, it may be because the target crime was legally or factually impossible. Legal impossibility is a good defense; factual impossibility is not. |
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Definition
Defendant is guilty of solicitation if defendant asks or requests another to commit a crime with the intent the person solicited commits the crime.
Vicarious liability: if the party solicited actually commits the requested crime, the solicitor will also be liable for the crime. |
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Definition
Defendant is guilty of conspiracy if Defendant enters into an agreement with another party for an unlawful objective and some overt act is performed in furtherance of the unlawful objective.
-Minority rule (MPC) follows the unilateral conspiracy rule and provides that “one guilty mind” is enough for conspiracy if the guilty mind believed the other party was actually agreeing to commit the unlawful purpose
-Wharton’s Rule: If the target crime requires two parties, then there is no conspiracy to duel unless there are three or more parties. (For conspiracy, you always need one more party than is required to commit the unlawful objective). |
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Definition
| Withdrawal and Impossibility |
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Definition
Defendant must timely communicate to all other co-conspirators that defendant is no longer a participant in the conspiracy.
Effect: Liable for conspiracy but not for the target crime. If co-conspirator provides a timely withdrawal, he will have no liability for any subsequent crimes committed by the other members of the conspiracy. But, the withdrawing conspirator remains liable for conspiracy. |
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Term
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Definition
A party to a crime may be a principal, accomplice or an accessory after the fact.
Principal: One who, with the intent to commit the crime causes the crime to occur.
Accomplice: One who, with the intent the crime to be committed either aids, encourages or counsels the principal. Note: silent approval is not sufficient
Accessory after the fact: One who, with the intent to help a felon escape or avoid arrest or trial, receives, relieves, or assists a known felon after the felony has been completed. |
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| Liability of Principals & Accomplices |
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Definition
| All accomplices (and the principal) are liable for the crimes the principal committed that the accomplice assisted, counseled or encouraged. |
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Term
| Liability for accessory after the fact |
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Definition
| Under majority rule, an accessory after the fat is not liable for the crimes committed by the principal, but instead for a separate crime of obstructing justice which usually carries a lesser punishment (up to a 5yr sentence). |
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Definition
-Insanity, intoxication, infancy, self-defense, defense of others
-Duress
-Entrapment
-Mistake of Fact
-Mistake of law |
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Term
| State of Mind requirements |
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Definition
General criminal intent for:
-battery
-rape
-assault
Specific criminal intent for:
-assaults when based on an attempted battery
-theft crimes (larceny, larceny by trick, embezzlement, false pretenses, robbery, extortion)
-preliminary crimes (attempt, solicitation, conspiracy)
-first degree murder based on intent to kill or felony murder if requires intent
-statutory crimes
Strict liability crimes: No required mental state; only defense is that defendant performed no voluntary act. |
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