-
-
1. Inciting, counseling, urging another to commit a crime
2. Intent that person solicited commit the crime
-
-
1. 2 or more persons
- 2. Intent to agree
- 3. Intent to achieve objective of agreement
- 4. Overt act, or mere preparation
-
-
1. Act w/intent to commit a crime, but short of completion &
2. Substantial step: mere preparation is insufficient
-
-
1. Unlawful force
- 2. Result in bodily injury/ offensive touching
- 3. To the person of another
-
-
1. Attempt to commit battery
- 2. Intent to cause
- 3. Reasonable apprehension
- 4. Of immediate harmful offensive contact
- 5. To P’s person
-
Murder
killing of another w/malice aforethought
- 1. Intent to kill
- 2. Intent to inflict great bodily harm
- 3. Depraved heart: unintentional killing resulting from conduct that would cause death/great bodily injury (reckless indiff to life)
- 4. Felony murder: foreseeable killing caused during commission or attempted commission of a inherently dangerous felony.
-
-
W/premeditation and deliberation, felony murder
Defense: intoxication, mitigated to 2nd degree murder
-
-
1. Homicide w/ reasonable & adequate provocation
2. W/no sufficient time to cool off
-
Imperfect Self-defense
murder is reduced to manslaughter even though D was at fault in starting altercation or D unreasonably but honestly believed in necessity of responding w/deadly force
-
-
short of insanity reduce murder to manslaughter.
-
-
1. Homicide committed w/criminal negligence or
2. During the commission of unlawful act
-
-
1. Unlawful confinement, substantially interfere w/victim’s liberty, w/o consent
-
-
1. Unlawful confinement involving either
2. Some movement of the victim or concealing victim in secret
-
-
1. Intercourse by man (not husband) w/woman w/o consent
-
-
1. Taking and carrying away of
- 2. Personal property of another
- 3. By trespass (w/o consent)
- 4. W/intent to permanently deprive
-
-
1. Taking of
- 2. Personal property of another
- 3. Fm the other’s person or presence
- 4. By force or threats of immediate death/physical injury
- 5. W/intent to permanently deprive.
-
-
1. Fraudulent conversion of
- 2. Personal property of another
- 3. By a person in lawful possession
-
-
1. Obtaining title to($)
- 2. Personal property of another
- 3. By intentional false statement
- 4. W/intent to defraud
-
-
victim is tricked – by a misrepresentation of fact – into giving up possession of property. If victim is tricked into giving up title to property, crime is false pretenses.
-
-
Obtaining property by means of threats to do harm or to expose info
-
Receipt of Stolen Property
-
1. Receiving possession and control
- 2. Of stolen personal property
- 3. Known to have been obtained criminally
- 4. By another person
- 5. W/the intent to permanently deprive
-
-
1. Breaking and entering (w/force)
- 2. Of a dwelling of another at night (CLR)
- 3. W/intent to commit a felony in the structure
-
-
1. Malicious burning (charring)
2. Of a dwelling of another (CLR)
-
-
1. M’Naghten Rule: D did not know his act was wrong or not understand the nature and quality of his actions
- 2. Irresistible impulse: unable to control his actions or to conform his conduct to law
- 3. Durham: actions is a product of mental illness
- 4. ALI MPC: D lacked the substantial capacity to either
- a. Appreciate the criminality of his conduct or
- b. Conform his conduct to the requirement of law
-
-
1. Invol. Intoxication: has same legal effect of insanity. Defense to all crimes, including strict liability
-
-
< 7 yrs of age: no liability
7-14: rebuttable presumption child was unable to understand wrongfulness of his acts
-
Self-defense
May use force reasonably appear necessary. May use deadly force when threaten w/imminent death/great bodily harm
-
Defense of others
D has right to defend others if she reasonable believes that the person assisted has the legal right to use force in his own defense.
-
-
-
Defense of other property
Only nondeadly force may be used when in pursuit of the taker, force cannot be used to regain property wrongfully taken
-
-
Nondeadly force: to prevent felony/serious breach of the peace. Deadly force: to prevent dangerous felony involving risk of life.
-
Use of force to effectuate arrest
-
Nondeadly force: police may use if reasonably nec to arrest
Deadly force: if nec to prevent felon’s escape & felon threatens death/serious bodily harm
-
-
Nondeadly force: to resist an improper arrest even if known police is making that arrest.
Deadly force: if person does not know person arresting him is a police
-
Necessity
Person reasonably believed that commission of the crime was nec to avoid an imminent and greater injury to society than that involved in the crime. Objective test, not good faith.
-
Excuse of Duress
Defense to a crime other than a homicide that D reasonably believed another person would imminently inflict death/great bodily harm upon him or a member of his family
-
-
Relevant to criminal liability only if it shows that D lacked state of mind required. Applies to all crimes, except strict liability
- 1. Specific intent: any mistake, reasonable/unreasonable
- 2. General intent/malice: reasonable mistakes only
-
-
1. Criminal design originated w/police and
2. D was not predisposed to commit the crime prior to contact by the govt.
|
|
