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Criminal Law (Defenses (Intoxication (Involuntary intoxication: can be a…
Criminal Law
Defenses
Mistake of fact: must negate the state of mind. For general intent crimes - mistake must be reasonable. For specific intent crimes, reasonableness is not required. Strict liability does not require a state of mind, so it is inapplicable there.
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Self-defense: may use IF subject reasonably believed the force used was necessary to defend themself against imminent unlawful force. Deadly force is only allowed when someone believes it is necessary to defend against imminent unlawful deadly force or serious bodily injury
Intoxication
Involuntary intoxication: can be a defense to all elements of a crime. Results when an individual is taking the substance without knowing its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance's intoxicating affect. Can be treated like mental illness in some jurisdictions.
Voluntary intoxication: self-induced and results from intentional taking without duress a substance known to be intoxicating. Need not intend to be intoxicated. May be a defense to crimes requiring intent or knowledge if intox. prevented the accused from formulating the requisite intent. Good for specific intent crimes, not so much for general defense crimes.
Insanity
Common law = M'Naughten Rule. Mental illness precluded knowing right from wrong or understanding the nature and quality of the act
MPC: mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct or to conform conduct to law
Crimes against property
Embezzlement: conversion of property held in trust with the intent to defraud. Criminal originally had possession.
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Larceny: taking away another's property by trespass with the intent to permanently deprive the person of their property. Owner was originally in possession.
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Burglary
Common law: breaking and entering a dwelling of another at night with the intent to commit a felony within the dwelling. Is a specific-intent crime.
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Inchoate Crimes: crimes that include solicitation, conspiracy, and attempt. Requires specific intent.
conspiracy: requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement.
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Common law: can withdraw from the conspiracy by notifying co-conspirators in time for them to abandon their plans. Still liable for conspiracy and the crime itself. No longer liable for further crimes
MPC: voluntarily withdrawing and thwarting the success of the conspiracy is a defense against the conspiracy itself. Impossibility still not a defense.
attempt
MPC: requires a substantial step beyond mere preparation towards completion of the crime. Also requires specific intent
common law: requires an act with a dangerous propensity towards completion of the crime and specific intent to commit a crime
Attempt merges into the completed target offense. Factual impossibility is not a defense while legal impossibility is a defense.
solicitation: asking or encouraging someone to commit a crime with the intent to commit that crime. Merges into the completed offense; impossibility is not a defense
Elements of Crime
Mens rea
Model Penal Code
Recklessly - gross deviation from norm in consciously disregarding substantial and unjustifiable risk
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Common Law
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General intent: criminal negligence (rape, battery, kidnapping)
Malice - gross negligence (murder, arson).
Specific Intent: purpose (first-degree murder, assault, inchoate crimes, property-related crimes)
Transferred intent: the intent to harm a particular individual or object transfers if instead it causes similar harm to another person or object
Actus rea
physical, external component
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Crimes Against Persons
Homicide
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Modern approach
First-degree: occurs when the felony is enumerated by statute but typically includes rape, burglary, robbery, arson, and kidnapping
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manslaughter
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involuntary: an unlawful killing with negligence or recklessness OR a killing during the course of a misdemeanor or a felony not included in felony murder.