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CRIMINAL LAW, Intent moves from no intent required to purposeful actions,…
CRIMINAL LAW
COMMON LAW
Defenses
insanity
follows M'Naghten rule. mental illness preclude knowing right from wrong or understanding the nature and quality of the act.
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Crimes Involving Persons
Homicide/Murder
Requires an unlawful killing and "malice aforethought" Four types of Malice (ALWAYS ANALYZE ALL OF THEM)
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Felony murder: Killing during course of felony, intent not required. would stand if the killing was done by anyone
Manslaughter
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involuntary
an unlawful killing w/ negligence or recklessness or a killing during the course of a misdemeanor or a felony not included in felony murder
Elements of Crime
Mens Rea
refers to the level of intent required for specific crimes. Must occur simultaneously with the actus rea.
Strict Liability: no mens rea required (statutory rape, public health, and safety regulations
General Intent: criminal negligence (rape, battery, kinapping)
Malice: Gross negligence (murder, arson)
Specific Intent: purpose (first degree murder, assault, inchoate crimes, property-related crimes
Actus Rea
a physical or external component and either a voluntary act or the omission to act that violates a legal duty. Just like torts there is generally no legal duty to act or aid. A duty may arise from a statute, a contract, the relationship between the parties, the assumption of care, or the creation of peril
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Inchoate Crimes
Solicitation
Asking or encouraging someone to commit a crime with the intent to commit that crime. Merges into the completed offense. The fact or assertion that the crime was impossible to commit is not a defense
Conspiracy
Requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement. An overt act in furtherance of the conspiracy is required. can be a minor act. conspirators are liable for the conspiracy for the completed target crime for any foreseeable crimes by co-conspirators in furtherance of the conspiracy
Attempt
requires an act with a dangerous propensity toward completion of the crime law. Requires specific intent to commit a crime. attempt merges into the completed target offense.
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MODEL PENAL CODE
Elements of Crime
Mens Rea
refers to the level of intent required for specific crimes. Must occur simultaneously with the actus rea.
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Recklessly: gross deviation from norm in consciously disregarding substantial and unjustifiable risk
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Actus Rea
a physical or external component and either a voluntary act or the omission to act that violates a legal duty. Just like torts there is generally no legal duty to act or aid. A duty may arise from a statute, a contract, the relationship between the parties, the assumption of care, or the creation of peril
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Inchoate Crimes
Solicitation
Asking or encouraging someone to commit a crime with the intent to commit that crime. Merges into the completed offense. The fact or assertion that the crime was impossible to commit is not a defense
Conspiracy
Requires an agreement to commit the unlawful act and the specific intent to achieve the object of the agreement. An overt act in furtherance of the conspiracy is required. can be a minor act. conspirators are liable for the conspiracy for the completed target crime for any foreseeable crimes by co-conspirators in furtherance of the conspiracy
Attempt
requires a substantial step beyond mere preparation towards completion of the crime. Requires specific intent to commit a crime. attempt merges into the completed target offense.
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Crimes Involving Persons
Homicide/Murder
Requires an unlawful killing and "malice aforethought" Four types of Malice (ALWAYS ANALYZE ALL OF THEM)
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Felony murder: Killing during course of felony, intent not required. the killing must be done by the defendant or co-defendant
classifies murder in degrees. First degree includes specific intent homicide, premeditated murder. First degree felony murder occurs when the felony is enumerated by statute but typically includes rape burglary robbery arson
Manslaughter
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involuntary
an unlawful killing w/ negligence or recklessness or a killing during the course of a misdemeanor or a felony not included in felony murder
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Frequent test area is the intent required for attempt. examiners want to know you understand that specific intent is required.
Transferred Intent: The intent to harm a particular individual or object transfers if instead it causes similar harm to another person or object