criminal law

liable for someone elses conduct

liability based on relationship

• participate before or during the offense
• accomplices punished for the crime itself and get the same punishment

participate after the offense

agreement to commit the crime

based on relationship

mens rea: must impute intent on manager, some states have strict liability statutes, in that case no intent required

Relationship between both parties and Act of other party

Relationship between parties and Purpose, Knowledge, Recklessness, or negligence of other party

no liability only if created by specific statute

not vicarious liability, if law punishes parent for act of child it is based on negligent supervision

liability for trying to commit a crime

liability for making agreement with someone to commit crime

liability for trying to get someone else to commit the crime

• Dangerous conduct
• Dangerous Person

how close did Def. get to completing the crime

How fully did Def. develpop his criminal purpose

• General Attempt
• Specific Attempt

apply to attempt to commit any crime

define an attempt to commit specific crimes

was the defendant close to being successful

has the Def. gotten control of everything he needs to complete the crime

has the Def. came dangerously close to to completing the crime, looks at the seriousness of the crime, closeness of completion/probability

looks at what the Def. has already done-what are the chances Def. wont continue toward completion

Act speaks for itself

intent to commit crime, performas all acts to commit crime but no law exists making it a crime-perfect defense

intent to commit crime, bu extraneous factor interrupts defendant-not a defense

1/2 the states accept affirmative defense of abandonment, must not be motivated by fear of getting caught.

justifiable,excusable,criminal

malice forethought

no prior planning

depraved heart, intent to cause bodily harm, and death occured

premeditated, felony, death penalty may be levied but can not be mandatory

indended and unintended murders

unintentional deaths, intent was not to kill, but was to cause bodily harm, usually felony murder must be a dangerous felony

corporations can be liable for murder, but are usually sued for manslaughter

killing in the sudden heat of passion, adequate provocation, must be sudden not time to cool off

catch a spouse in bed with another you could kill them both

voluntary act but unintentional killing,

conscious creation of substantial and unjustifiable risk

creating substantial and unjustifiable risk that defendant should have been aware of but wasn't

unintended death occuring dury any unlawful act...many states have totally abolished this or narrowed the application at common law only applied to unlawful acts which were mala in se-