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: