Criminal Law
What 2 elements do ALL crimes require?
mens rea
actus res
common law
MPC
Strict liability (no mens rea required)
General intent (general negligence)
Malice (gross negligence)
Specific intent (purpose)
Negligently
Recklessly
Knowingly
Purposefully (intent)
Types of crimes
Incohate
Non-incohate
Actors
Accomplice liability
Transfered intent
voluntary act that includes the conduct and results of the conduct OR omission
voluntary=when the mind and will have share, not purely reflexive (does not =intentional)
omission=when not acting violates a legal duty to act
Absent voluntarily induced consciousness, cannot be culpable for actions while unconscious
GR no legal duty to act or aid absent a source of duty
source of duty=statute, assumption of care, contract, relationship between parties, or creation of the peril
MPC
Common law
mens rea
accessory before the fact
accessory after the fact
Categories to parties to a crime
principal in the 1st degree
principal in the 2nd degree
present @ scene and commits at least 1 element of the crime
present @ scene, assists but does not commit any element of the crime
not @ scene, provides assistance before hand
not @ scene, provides assistance after crime is committed
What is 3rd element for result crimes?
causation
proximate cause
but for
CAN be charged with the targeted offense even if principal is not charged with the targeted offense (BUT offense must have been committed by someone else that the accomplice also aided or abetted). CAN be convicted of higher charge WHEN:
always liable for every crime committed by principal both foreseeable and planned
not liable for crime committed by principal, liable for crime of being an accessory after the fact
actus res
actus res
purpose to assist in the commission of the other actor's crime
aided, encouraged, or advised with
conduct expressly declared by law to establish complicity OR
mens rea
conduct causes a result that is an element to the offense
1) acts with the culpability required (if there is one) for the result element of the offense AND 2) purpose is to promote or facilitate the conduct of the offense.
Attempt
Solicitation
Conspiracy
1) require specific intent or purposefully, 2)
mens rea
actus res
asking or encouraging someone to commit a crime
specific intent for said crime to be committed
Preformed acts or gave encouragement which aided and assisted the commission of the crime.
1) intent to do that acts that constitute assistance of the primary party AND 2) intent that such assistance will result in the commission of the offense charged
CANNOT be charged if principal is not convicted nor convicted of a higher charge than the principal AND CANNOT be tried before principal
mens rea
actus res
specific intent to achieve the object of the agreement
agreement to commit an unlawful act
Majority approach
merges into the completed crime. liable for committed crime.
Common law
MPC
requires an overt act committed in furtherance of the conspiracy
liable for 1) conspiracy, 2) completed targeted crime, 3) any foreseeable crimes by co-conspirators committed in furtherance of the conspiracy
does not require overt act
defenses
Common law
mens rea
actus res
MPC
Common law
substantial step beyond mere preparation towards completion of a crime
an act with a dangerous propensity towards completion of a crime
specific intent to commit a crime
merges into completed target crime.
NOT defenses
MPC
Common law
Legal and factual impossibility
defense against future crimes by co-conspirators
MPC
notifying co-conspirators you are withdrawing from the conspiracy in time for them to abandon their plans.
defense against conspiracy charge
voluntarily withdrawing from conspiracy AND thwarting success of the conspiracy
NOT defenses
MPC
Common law
factual impossibility
defenses
MPC
Common law
legal impossibility
NOT defenses
MPC
Common law
factual impossibility
Crimes against persons
Crimes against property
Larceny
Homicide
click to edit
Embezzlement
False pretenses
Robbery
Burglary
taking away another person's property in their possession w/o their consent (by trespass)
mens rea
actus res
intent to permanently deprive person of their property
mens rea
actus res
intent to defraud
fraudulent conversion of property lawfully held in trust by criminal
mens rea
actus res
intent to defraud
taking title to property through misrepresentation
mens rea
actus res
intent to permanently deprive person of their property
taking away another person's property in their possession OR in their presence by trespass via force or threat of force now
mens rea
actus res
MPC
specific intent to commit felony within the dwelling
Common law
breaking and entering a dwelling of another at night
breaking and entering any structure of another
Defenses
Infancy
Impossibility
Intoxication
Insanity (NEGATES ALL ELEMENTS OF CRIME)
Mistake of fact (NEGATES MENS REA)
factual
legal
That the crime was impossible to commit
Self-defense
Defense of others
Defense of property
Duress
Necessity
Entrapment
common law
MPC
M'Naghten test (majority): @ the time of committing the act, D was laboring under such a defect of reason, from disease of the mind, that D 1) did not understand the nature or quality of their acts OR 2) did not know what they were doing was wrong.
When, as a result of mental disease or defect D 1) COGNITIVE lacked substantial capacity to appreciate the criminality (or moral wrongfulness) of their conduct OR 2) VIOLATION D lacked substantial capacity to conform their conduct to the requirements of law
All or nothing approach—requires total incapacity of cognition (how you perceive the world). ONLY LOOKS at cognition does not look at violation (one's will being overcome)
Voluntary (NEGATES MENS REA. DEFENSE 2 SPECIFIC INTENT CRIMES)
Involuntary (NEGATES ALL ELEMENTS OF CRIME)
When an individual takes intoxicating substance 1) w/o knowledge of its nature, 2) under direct duress by another, 3) under medical advice w/o knowledge of its intoxicating effects.
When intoxication is self induced, doesn't matter if you intended to become intoxicated, AND intoxication prevented D from formulating required intent
GR when mistake of fact negates the required mens rea.
general intent crimes=mistake must be reasonable
NOT defense to general intent crimes
specific intent crimes=ANY mistake
NOT a defense to strict liability crimes
mistake of law is NOT a defense
For deadly force
For non-deadly force
If D reasonably believed deadly force was necessary to defend against imminent unlawful deadly force or serious bodily injury.
If D reasonably believed the force used was necessary to defend against imminent unlawful force.
returning property NOT a defense
Extortion
mens rea
actus res
taking away another person's property in their possession (does not need to be done in their presence) by trespass via threat of future force
intent to permanently deprive person of their property
Receipt of stolen property
mens rea
actus res
intent to permanently deprive true owner, AND knowledge that property was illegally obtained
gaining possession (doesn't have to be physical, can be constructive such as arranging it to be sold) and control of property that was illegally obtained at time of receipt
Forgery
mens rea
actus res
intent to defraud
creating or altering a written document with purported legal significance to be false
Irresistible impulse test: a person is not able to conform (control) their conduct to the law
ONLY LOOKS at incapacity of violation does not look at cognition. Under this test person can know what they are doing is wrong (have cognitive capacity).
Durham test: