Crim Law

  1. Actus Reus:
    The physical act or omission
  2. Mens Rea:
    Mental state
  3. Accomplice liablility
    • One who aids/abets another in the commission of a crime is liable for the foreseeable consequences of the crimes committed
    • Common law: Felonys
    • Actual perpetrator: principal in first degree
    • At the scene aider : principal in second degree
    • Pre-crime aider : accessory before the fact
    • Post-crime aider = accessory after the fact
  4. Vicarious liability
    • One may be liable for crime committed based upon relationship of parties
    • *no affirmative conduct required
  5. Solicitation
    • Intent to induce another to commit a crime
    • *Specific intent
    • *Merger
    • *Accomplice Liability
    • *Withdrawal
    • *Impossibility=no defense
  6. Attempt
    • A substantial act towards perpetration of an intended crime
    • *Specific Inent
    • *Legal Impossibility vs. factual impossibility
    • *Apparent Ability
    • *Preparation v. perpetration (substantial steps)
  7. Legal v. Factual Impossibilty
    • Legal Impossibility: not a crime although Defendedant thought it was a crime
    • Factual impossibility: facts presented are not what D thought
  8. Conspiracy
    • Agreement between two or more persons to commit an unlawful act
    • *Specific intent
    • *Overt Act
    • *Withdrawal= Maj-no defense/MPC-look for voluntary abandonment and communication to all conspirators
    • *Impossibility=no defense
  9. Pinkerton’s Rule
    Each member of the conspiracy is responsible for the action of con-conspirators of which they have knowledge with intent that these additional crimes may occur
  10. Battery (general intent)
    The unlawful application of force to anothers person
  11. Assault (specific intent)
    • Common Law: Attempted battery-intent to batter but offense not committed
    • Modern Law: threating conduct with intent to either injury or frighten and cause the victim reasonable apprehension of immediate bodily harm
    • Modern Law/aggravated assault- assault w/intent to accomplish another crime against the person
  12. Rape
    Unlawful carnal knowledge of a women not his wide without consent
  13. False imprisonment unlawful detention or confinement of another
    *MPC requires only knowledge
  14. Kidnapping
    Intentional and unlawful movement of another
  15. Mayhem
    The malicious maiming or disfiguring of another
  16. Burglary
    • At common law: The breaking and entering a dwelling of another at night with the specific intent to commit a felony with in
    • Under modern law: breaking and entering any structure/anytime with the intent to commit a crime.
  17. Arson
    • @common law: malicious burning of the dwelling house of another
    • Modern law: malicious burning of any structure
  18. Larceny
    • Tresspassory taking and carrying away personal property of another with the specific intent to permanently deprive
    • *by trick: fraud to obtain possession not tittle
  19. Embezzlement
    Exercise of dominon and control of rightfully entrusted personal property
  20. False pretenses
    Obtaining title by means of false representation of past or existing facts
  21. Robbery
    Larceny including force inducing fear through violence or intimidation
  22. Receiving stolen property
    receiving property knowing to be stolen
  23. Forgery (specific intent)
    The fraudulent making or altering of writing with intent to defraud or deceive
  24. Uttering
    Offering as genuine as instrument know to be false with the intent to defraud
  25. Extortion
    obtaining from another with consent by means of intimidation less degree needed for robbery
  26. Misprision
    Concealment and non-disclosure of the known felonious conduct of another
  27. Compounding
    Acceptance of a consideration in return for one’s agreement not to prosecute another crime
  28. Breach of peace
    Willful act unreasonably disturbs the public peace
  29. Malicious Mischief
    Malicious infliction of injury upon the property of another
  30. Homicide: Killing of a human being by another human
  31. Murder:
    • Unlawful killing of a human being with malice aforethought
    • Malice-Mens rea
    • -intent to kill or
    • -intent to cause serious bodily harm or
    • -wanton and reckless conduct or
    • -felony murder rule
  32. Felony Murder Rule
    • Killing during the perpetration of a dangerous felony. BARRM/KSS
    • Burglary, arson, rape, robbery, mayheim, kidnapping, sodomy, sexual molestation
    • 1. Common Law-Guilty of 1st Degree
    • 2.Majority view-not guilty of death of co-felon
    • 3.Better View-Not guilty/liable for death of co-felon committed by an innocent person
  33. First Degree Murder
    • Premeditated (thought or reflection) and deliberated (not impulsive) killing with specific intent to kill
    • *poison, bomb, torture, ambush
  34. Second degree murder
    All other murders which is not murder in the first degree
  35. Justifications for murder
    • Self-defense: reasonably necessary
    • Defense of others: deadly attack
    • Defense of property: only at home
    • Necessity: rare
    • Crime prevention
    • Mitigation-Voluntary Manslaughter
  36. Intention criminal homicide w/malice mitigated
    • -heat of passion
    • -Mistaken justification
    • -coercion
    • -diminished capacity
  37. Diminished Capacity:
    • Used as a defense to specific intent crimes
    • -SAC crimes
    • -Theft crimes
    • -Burglary
    • -Assault
    • -Murder 1st degree
  38. Intoxication
    A person who is sufficiently intoxicated such that they are unable to form the “specific intent” has a affirmative defense to specific intent crimes…. However, voluntary intoxication is not a defense in many jurisdictions
  39. Involuntary Manslaughter aka criminal negligence
    • unintentional homicide without malice
    • *misdemeanor manslaughter rule: killing during the commission of a non-dangerous felony=involuntary manslaughter
  40. Duress
    must be immediate… cant be used as a defense to kill another human being
  41. Insanity
    • M’Naughten: because of mental disease, the defendant did not know what he did was morally wrong or did not know the nature and quality of his act.
    • Irresitible impulse test: Inability to control conduct
    • Model Penal Code: (substaintial capacity): Due to a mental disease or defect in reasoning, the Defendant lacks substaintial capacity to conform his conduct to the law Durham Rule: but for the mental illness…. “the crime was a product of the mental illness”
  42. Entrapment:
    • A defense, rest upon enticement by law enforcement
    • Traditional view- law enforcement must create the intent to commit the crime in the mind of the person not otherwise predisposed to commit
    • Modernly-crime was committed in response to the police activity that the reasonable person would likely commit the crime
Author
jasonfreise
ID
336947
Card Set
Crim Law
Description
Crim law bar prep
Updated