crim law - principles.txt

• A physical act (or unlawful omission) by the defendant.
• Must be voluntary (product of own volition).

• The state of mind or intent of the defendant at the time of his act
• 1) Strict Liability
• 2) General Intent
• 3) Specific Intent
• 4) Knowingly
• 5) Recklessly
• 6) Criminal Negligence
• 7) Negligence

No intent crimes

• General Intent requires only that the defendant be aware that she is acting in the proscribed way.
• Can be inferred merely by committing the criminal act
• Defenses: “reasonable” mistake of fact is a defense to all

• Specific Intent requires not only the doing of an act, but the doing of it with a specific intent or objective.
• Statute specifies “knowingly,” “with intent to”– means specific intent
• Specific intent crimes qualify for additional defenses not available for other kinds of crime.
• 1) Unreasonable mistake of fact
• 2) Diminished Capacity

• a) solicitation, conspiracy, attempt
• b) first degree murder
• c) assault (as attempted battery)
• d) larceny
• e) embezzlement
• f) false pretenses
• g) robbery
• h) burglary
• i) forgery

• a) Murder
• b) Arson

Intent to commit crime can be transferred to victim different than originally intended victim

• 1) principal: actually commits the crime
• 2) accomplice: aids, abets, or counsels the principal with intent to commit the crime
• 3) accessory after the fact: intend to help a felon avoid apprehension after the felony, knowing he committed the felony)

• 1) mere presence or knowledge not enough, must have a STAKE in the outcome
• 2) liable for the crime itself and all foreseeable crimes

• 1) CL, vicariously liable
• 2) Modernly, liable for obstruction of justice only. Not liable for crimes committed by principal.
• Note: Need knowledge of felony at that time the time of the assistance. Acquiring knowledge after the fact does not create accessory after the fact liability

• One who has rendered encouragement or aid to another may avoid liability as an accomplice if he voluntarily withdraws from the crime before it is actually committed by the principal.
• 1) If the person merely encouraged the commission of the crime, he must repudiate his encouragement.
• 2) If the person provided some material (e.g., gun), he must do all possible to retreive it.
• 3) Alternative: notify authorities or take some action to prevent commission of the crime
• note: withdrawal must be before the chain of events leading to the commission of the crime becomes unstoppable

• Element: asks or requests someone to commit a crime
• if the party solicited refuses, no defense!
• vicarious liability: if the party solicited actually commits the crime, the solicitor is also liable for the crime
• Merger: solicitation merges into conspiracy

• 1) an agreement--express or implied from conduct--to accomplish some unlawful purpose
• 2) intent to agree with another
• -----MPC Unilateral Conspiracy rule: one guilty mind is enough for conspiracy if the guilty mind believed the other party was actually agreeing
• -----Wharton's Rule: if the target crime requires 2 participants, then no conspiracy unless there are three participants
• 3) intent to acheive the objective of the agreement
• 4) overt act in furtherance of objective
• -----Minority rule: only need to have agreement, no overt act needed.
• -----but any little act will suffice!

• Each conspirator is liable for all crimes of other conspirators if:
• 1) foreseeable, and
• 2) in furtherance of the felony

if the D is a member of the class that the statute was designed to protect, D is prevented from liability of conspiracy.

• 1) must communicate intent to withdraw to all other conspirators before the target crime occurs
• 2) no withdrawal from liability for the conspiracy itself

• No merger! conspiracy does not merge with target crime, so you are liable for both.
• No impossibility defense. still liable for conspiracy

• Definition: specific intent to commit target crime
• Requires: substantial step in the direction of the commission of the crime, or come dangerously close (mere preparation not enough)
• Merger: attempt merges with the committed crime

• 1) factual impossibility no defense, if the facts were as defendant believed them to be
• 2) legal impossibility is a defense when the acts defendant intended to commit are not a crime
• 3) abandonment no defense after the substantial steps have begun