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Crim Law - Coggle Diagram
Crim Law
Defenses
Insanity
Common law: mental issues precluded knowing right from wrong or understanding the nature and quality of act.
MPC: mental illness resulted in lack of substantial capacity to appreciate wrongfulness of conduct to conform conduct to law.
intoxication
Voluntary - is self induced and results from intentional taking without duress a substance known to be intoxicating. May be a defense for crimes involving intent or knowledge
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mistakes
must negate the state of mind. for general intent crimes, must be reasonable. for specific intent crimes, reasonableness is not required as any mistake of fact is a defense
self-defense
may use non-deadly force if she reasonably believed the force used was necessary to defend against imminent unlawful force.
deadly force is allowed only when the accused reasonably believes the force used is necessary to defend against imminent unlawful deadly force or serious bodily injury.
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Inchoate Crime
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Conspiracy
Requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement.
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Conspirators are liable for the conspiracy, for the completed crime, and for any foreseeable crimes by co-conspirators in furtherance of the conspiracy.
Common law: a conspirator can withdraw from the conspiracy by notifying co-conspirators in time for them to abandon their plans. they are still liable for the conspiracy and the crime itself, but are not longer liable for further crimes.
Model Penal Code: voluntarily withdrawing and thwarting the success of the conspiracy is a defense against the conspiracy itself. Impossibility is not a defense.
Attempt
Under the common law, attempt requires an act with a dangerous propensity towards completion of the crime.
The model penal code requires a substantial step beyond mere preparation towards completion of the crime.
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Elements of a Crime
Mens Rea
Refers to the level of intent required for specific crimes. The mens rea must occur simultaneously with the acts rea.
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Model Penal Code
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Recklessly - gross deviation from norm in consciously disregarding substantial and unjustifiable risk
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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
Refers to the a physical or external component and either voluntary act or the omission to act that violates a legal duty to act or aid.
a duty may arise from statute, contract, the relationship between parties, the assumption of care, or the creation of the peril.
Crimes Involving Persons
Homicide
Malice
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Felony murder - killing during course of felony. Intent not required,
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First-degree felony murder: occurs when the felony is enumerated by statute by typically includes rape, burglary, robbery, arson, and kidnapping.
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Manslaughter
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Involuntary
Is either an unlawful killing with negligence or recklessness or a killing during the course of a misdemeanor or felony not included in the felony murder rule.
Accomplice Liability
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Common law
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Principal in the second degree - present at science, assist but does not commit any element of the crime
Accessory before the fact - not at science, provided assistance beforehand
Accessory after the fact - not at science, provided assistance after crime completed.