1) physical act (actus reus) - voluntary physical act [bodily movement] or sometimes failure to act

2) mental state (mens rea)

1) specific duty to act imposed by law

2) defendant has knowledge of the facts giving rise to the duty to act

3) it is reasonably possible to perform the duty

The defendant has control of an item for a long enough period to have an opportunity to terminate the possession.

State of mind is not necessary (unless there is a state of mind requirement in a statute ["knowingly"] in which case the defendant must know of the identity or nature of the item possessed)

Under the common law, murder is the unlawful killing with malice aforethought.

Malice aforethought exists where one has any of the following:

1) intent to kill 

2) intent to inflict great bodily harm (serious injury)

3) reckless indifference to an unjustifiably high risk to human life, OR

4) intent to commit a felony

 1) provocation would arouse sudden and intense passion in the mind of ordinary person (ex: threat of deadly, force, spouse in bed w another)

 2) defendant was in fact provoked

 3) not sufficient time between provocation and killing for passions to cool

 4) defendant in fact did not cool off between provocation and killing

Majority rule:  Burglary, Arson, Rape, Robbery, and Kidnapping

Minority rule:  non-dangerous felonies committed in dangerous manner

A homicide committed without malice under 1 of the following circumstances:

1) intent to inflict slight bodily injury

2) criminal negligence

3) "misdemeanor-manslaughter" - during act not included within felony murder rule

Defendant kills while comitting a non-inherently dangerous felony or a misdemeanor malum in se (inherently wrongful) as opposed to a malum prohibitum (wrongful only because prohibited by statute) crime.

Examples of misdemeanor malum in se:  killings that occur while defendant was committing misdemeanor battery, larceny, public intoxication, or in possession of drugs.

Examples of misdemeanor malum prohibitum:  Killing that occurs while defendant is on a suspended license, passing through a toll gate without oaying the tll, unlawfully posessing a firearm, or unlawfully defacing the flag.

Person may use deadly force in self defense if 1) they are without fault, 2) they are confronted with "unlawful force", and 3) they are threatened with imminent death or great bodily harm

The defendant need not retreat before using deadly force, unless defendant is the initial aggressor and safe retreat is available.

 ONLY if:

1) The defendant initial aggressor withdraws (clearly communicates to victim intent to stop fighting), OR

2) The defendant initially used non-deadly force and is now faced with attacker suddenly using deadline force, AND

3) NO safe retreat is available

Use of deadly force is OK if victim reasonably appears to have the right to use deadly force (even when the "other" does not actually have that right)

Minority rule:  D can use no more force than the person they are defending ("step into the shoes of person they are defending")

Under 7 - no criminal liability

Between 7 and 14 - rebuttable presumption of no criminal liability

Over 14 - treated as adult

The M'Naughten rule excuses the defendant from a homicide if, as a result of a mental defect, he did not know the wrongfulness of his act OR could not cognitively understand the nature and quality of his acts

Think:  Turn M upside down, "wrongful nature"

The irresistable impulse test excuses the defendant from homicide if because of mental illness he was unable to control or conform his conduct to the law.

Think:  volitional, not cognitive

The ALI / Model Penal Code test excuses a defendant from homicide if because of mental disease or defect he lacked the substantial capacity to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.

Think:  volitional AND cognitive

A defendant who inentionally kills a victim under good faith, but unreasonable mistaken belief as to:

1) self defense,

2) defense of others, OR

3) crime prevention

can successfully argue that their homicide crime should be mitigated to involuntary manslaughter

Two kinds:

1) attempt to commit a battery

2) intentional creation of reasonable apprehension in the mind of victim of imminent bodily harm

Kidnapping is the confinement of another person involving either movement or concealment of the victim.  No ransom required.

[General intent crime]

Larceny is the trespassory taking and carrying away (at least slight movement) of personal property with the intent to permenantly deprive that person of their interest in the property at the time of the taking.

Note:  can commit larceny of car you own if you take it from repair shop without paying (focus on possession, not ownership)

A taking of personal property from the victim's person or presence by force or threat of immediate death or injury with intent to permanently deprive. Victim must give up property because they feel threatened.

Trespassory breaking and entering of the protected structure of another at nighttime with the intent to commit a felony therein. 

Breaking - creating or enlarging opening by minimal force

Entering - any portion of body or instrument into structure

NOTE: felony need not be carried out

Inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

If person solicited commits crime or attempt, both person and solicitor liable for that crime or attempt

Merger: solicitor cannot be punished for BOTH solicitation and other offense

1) an agreement between 2 or more persons

2) intent to enter into the agreement

3) intent by at least 2 persons to achieve the objective of the agremeent

4) overt act (majority of states), but mere act of preparation will suffice

Wharton Rule - where 2 parties necessary for crime (adultery, dueling), no conspiracy unless more than 2 parties participate (Exception: laws where "necessary parties not provided for" - sales of drugs)

Effect of acquittal traditional rule - acquittal of all persons with who D allegedly conspired precludes D's conviction

MPC - unilateral approach - defendant can be convicted of conspiracy regardless of whether other parties have been acquitted or were feigning agreement

All conspirators are liable for any crime committed by any other conspirator so long as the crime was 1) committed in furtherance of objectives of conspiracy, and 2) were foreseeable

conspiracy terminates upon completion of lawful objective

You must perform affirmative act that communicates that you will no longer participate in conspiracy to all co-conspirators

D is guilty of conspiracy, but not crimes committed in furtherance.

One who, with the intent the crime be committed, aids, counsels, or encourages the principal or causes an innocent agent to commit crime.

NOTE:  mere knowledge not enough, unless procuring an illegal item or selling item at higher price (stake in the venture)

Accomplices are liable for the crimes the principal committed, and other crimes committed in the course of committing the crime that were probably or foreseeable

Exception: members of protected class, necessary party to crime but not provided for in statute