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Criminal Law (Defenses (Mistake of Fact (Must negate state of mind…

- - - - General Intent
        
        Mistake must be reasonable.
      - Specific Intent
        
        Reasonableness not required. Any mistake of fact is a defense.
  - - - A defense to all element of a crime.
      - Results when the individual is taking the intoxicating substance (alcohol, drugs, and medicine, etc.) w/o knowledge of it nature, under direct duress, imposed by another, or pursuant to medical advise while unaware of the substance's intoxicating effects.
      - Some jurisdictions treat involuntary intoxication as a mental illness
    - - Self-induced and results from intentional taking w/o duress a substances known to be intoxicating.
      - May be a defense to crimes requiring intent or knowledge if the intoxication prevented the accused from forming the requisite intent.
      - Can be a good defense to specific intent crimes, but not general intent crimes.
  - - - Mental illness results in lack of substantial capacity to appreciate wrongfulness of the conduct or to conform conduct to law.
    - - M' Naughten Rule
        
        Mental illness precludes knowing right from wrong or understanding the nature and quality of the act.
- - - - Analyse larceny, but add element "by force" or "threat of force."
  - - - Breaking and entering a dwelling.
        Specific intent crime
    - - Extends dwelling to include any structure and is not limited to "at night."
- - - - Present at the scene of the crime and commits one element of the crime.
    - - Present at the scene, assists but does not commit an element of the crime.
    - - Not at the scene, provided assistance beforehand.
        
        Liable for every crime committed (planned and foreseeable)
        
        If someone encourages the crime and then discourages the crime, that person has withdrawn for liability.
    - - Not at the scene, provided assistance after crime was completed.
        
        Not liable for crime committed, but is liable for the separate crime of being an accessory after the fact.
        
        If an aider then neutralizes the aid, prevents the crime, or notifies the authorities, the aider has withdrawn from liability.
- - - - Recklessly
        
        Gross deviating from norm in consciously disregarding substantial and unjustifiable risk.
      - Knowingly
        
        Awareness
      - Negligently
        
        Gross deviating from norm in failing to perceive substantial and unjustifiable risk.
      - Purposely
        
        Conscious object
    - - General Intent
        
        Criminal negligence (rape, battery, kidnapping)
      - Malice
        
        Gross negligence (murder, arson)
      - Strict Liability
        
        No mens rea required (statutory rape, public health. and safety regulations)
      - Strict Intent
        
        Purpose (first-degree murder, assault, inchoate crimes, property-related crimes)
- - - - Requires an unlawful killing and "malice afterthought."
        
        Four Types of Malice
        
        Intent to inflict serious bodily injury
        
        Gross recklessness (depraved heart)
        
        Intent to kill.
        
        Felony murder (killing during course of the felony. No intent required)
        
        Common Law
        
        Would stand if killing was done by anyone
        
        Modern Approach
        
        Killing must be done by by the defendant or co-defendants.
  - - - An intentional killing in the "heat of passion."
        
        "Heat of passion" requires a sudden and intense reactions w/ adequate provocation and not cooling of period.
        
        Words alone are insignificant.
    - - 1) Either an unlawful killing w/ negligence or recklessness; or
      - 2) A killing during the course of a misdemeanor or a felony not included in felony murder.
    - - Several classifications of murder
        
        First degree murder
        
        Only includes specific intent homicide - premeditated murder
        
        First degree felony murder
        
        Occurs when felony is enumerated by statute. Typically includes rape, burglary, robbery, arson, and kidnapping.
        
        Second degree murder
        
        a catch all for all other common law murders.
- - - - Requires an aggreement to commit the unlawful act and the specific intent to achieve the object of the agreement.
        
        Common Law
        
        A conspirator can withdrawal from the conspiracy by notifying co-conspirators in time for them to abandon plans. Still liable for conspiracy and crime, but not any foreseeable crimes.
        
        Majority Approach
        
        An overt act in furtherance of the conspiracy is required. Are liable for the conspiracy, completed target crime, and for any foreseeable crimes by co-conspirators in furtherance of the conspiracy.
        
        MPC
        
        Voluntarily withdrawing and thwarting the success of the conspiracy is a defense against the conspiracy itself.
    - - Common Law
        
        Requires an act w/ dangerous propensity towards completion of the crime.
        
        Both require specific intent to commit the crime.
      - MPC
        
        Requires a substantial step beyond mere preparation towards the completion of the crime.
    - - Asking or encouraging someone to commit a crime with the intent to commit that crime.
        
        Complete Offence
- - - - Warrants not required for public arrests if supported by probable cause.
        
        Felonies require only probable cause.
        
        Misdemeanors require both probable cause and that the misdemeanor was committed in the presence of an officer.
      - Warrants needed for arrest in private (i.e. in person's home), unless exception applies.
        
        If person is in another person's home, then search and arrest warrants are required.
        
        If arrested in own home, the accused has standing. No standing if arrested in friend's home, because no privacy right.
        
        For a warrant to be valid there must be...
        
        Probable cause
        
        A fair probability, reasonable grounds, or reasonably trustworthy information sufficient for a prudent person to conclude that:
        
        1) A crime has been or is being committed by the person to be seized, or
        
        2) There is evidence of criminality in place to be searched.
        (Hearsay and anonymous tips may support probable cause. Test is totality of circumstances)
        
        Particularity
        
        Sufficiently definite for police to identify persons, places, or items to be searched or seized w/ reasonable certainty.
        
        Particularity must be on the face of the warrant or an incorporated affidavit.
        
        Oath of Affirmation
        
        Detached and Neutral Magistrate
        
        Warrant Exceptions
        
        Consent
        
        Voluntary under totality of the circumstances. May not search home over present objection of co-occupant.
        
        Exigent
        Circumstances
        
        Police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public/police, or flight of suspect.
        
        Plain view
        
        Police may seize an item they see in plain view or can "plain feel" if the have authority to be where they are and the item in connected w/ criminality
        
        Automobile Search
        
        Probable cause that any area of car to be searched (including containers) harbors evidence of criminality.
        
        Search Incident to lawful arrest
        
        Persons: contemporaneous search of person, lunge area, and containers for weapons or evidence.
        
        Car: no search unless reasonable belief that arrested occupant or recent occupant may access car; or reasonable belief that car contains evidence of crime or arrest (not speeding)
        
        Home: during the time it takes to complete arrest, may conduct a protective sweep for accomplice in adjoining rooms if reasonable suspicion of danger.
        
        Inventory
        
        Within scope of a reasonable and routine procedure to protect valuables, police, and public, police may inventory contents of possession at time of booking and automobiles after impoundment.
        
        Terry
        
        Stop: reasonable suspicion that suspect is engaged in criminal activity based on specific and articulate facts. Reasonable suspicion is less than probable cause, but more than a hunch.
        
        Frisk: Terry stop plus reasonable suspicion that suspect is armed and dangerous. May not frisk for evidence, only weapons.
        
        Execution of Warrant
        
        Must be reasonable. police must knock and announce themselves before entering the premise, unless reasonable ground to believe it would be dangerous or futile.
- - - - Include evidence that is "downstream" of violation.
- - - - Whether the confession was involuntarily because the accused's will was overborne by state coercion.
    - - Exists after the initiation of adversarial proceeding. State cannot undermine this right by deliberate elicitation of a confession in the absence of counsel.
    - - Right to remain silent;
        
        Any statement can be used against you;
        
        Right to counsel before and during proceedings;
        
        If you cannot afford a lawyer, one will be appointed for you.