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Criminal Law, Property Crimes, Defenses, Inchoate Crimes - Coggle Diagram
Criminal Law
Crimes Against Ppl
Rape
incapable of consent
intoxication
mental condition
unconscious
Actual force, threat of force
Fraud of intercourse
Marital rape
MPC does not recognize marital rape, but most states do
Stat. Rape
Strict Liability, no need to show consent or intent
Assault
intentional creation of apprehension
attempted battery
Agg. Assault
serious bodily harm results
deadly weapon
woman, child, police officer vic
Battery
Gen Intent
Agg. Battery
Deadly weapon
child
police officer
False Imprison
unlawful confine without consent.
MPC requires substantial interference with liberty.
Kidnapping
movement of victim, concealment
Agg. Kidnapping
for the purpose of committed other crimes
Child vic
Homicide
Causation
Gen liable for natural and probable consequences of conduct unless chain is broken by superseding facts
1 year and 1 day rule (mostly abolished)
vic's refusal of med treat, or negligent med care= foreseeable
2nd Deg. Murd
depraved heart, reckless indiference
1st Deg. Murd
deliberate. premeditated
Felony Murder
killings committed in commission of another felony.
death is foreseeable
caused by defendant
Defendant not liable for death of co-felon
intent to commit underlying fel.
If there is a defense to underlying felony, there will be a defense to the felony murder charge.
Manslaughter
Involuntary
criminal negligence
committed during non felony crime (DUI)
Voluntary
not sufficient time to to cool in fact
adequate provocation in fact
Sudden and intense passion
This is not a defense to killing, but may reduce the killing from murder to manslaught
imperfect self defense may have murder reduced to manslaught
reasonable person
Accomplice
Access. B4
assisted, not present
Access. AFTER
Help escape
Principal 2nd
Aided, advise encourage
Principal 1st
Actually engage
Defenses
Withdrawl
Must happen before the crime is unstoppable
Must do everything possible to repudiate- call cops
Not available for conspiracy
Members of the protected class protected by a statute are excluded from accomplice liabiltiy
statute the criminalizes moving women across state lines for immoral purposes does not include victim
woman as accomplice
A party necessary to the commision of the crime, who is not provided for in the statute is excluded from liability
if statute makes sale of drugs illegal, purchaser is not liable as accomplice
Intent
General
All non-specific, except for strict liability
Specific
Solicitation, conspiracy, Attempt, First Deg Murder; Assault, Larceny, Embezzlement, False pretenses, robbery, burglary, forgery
Transferred Intent
applies to homicide, battery, arson.
Does not apply to attempt
Dual intent (accomplice)
intent to assist principal, intent that the principal ocmmit
When reclessness/negligence is mens rea req
intended to facilitate the crime, acted with recklessness
Property Crimes
Larceny
By False Pretense
victim gives up title to property.
By Trick
victim gives up custody or possession of property.
Generally
taking and carrying away of personal property of another by trespass with intent to permanently deprive.
intent to perm. deprive must be AT TIME OF TAKING
continuing trespass
doesn't originally plan to keep forever, but later decides.
Possession
Requires only that D have control over the item long enough to have opportunity to terminate possession.
Must be aware of possession, not aware of illegality.
robbery
taking of personal property from the other person by force or threat of force with intent to perm. deprive
Armed robbery
simulating a deadly weapon counts the same as actually haing a dead weapon
Burglary
Breaking and entering of a dwelling of another with intent to commit a felony.
entry = any body part.
dwelling= anything where someone sleeps
Breaking
constructive
fraud or threat
Using a key for the purpose other than intended purpose.
actual
if door or window is OPEN, no break
if you open any door inside the house, even if internal YES BREAK
intent to commit felony has to exist at time of breaking and entering
Emezzlement
Fraudulent conversion of personal property by a person in lawful possession.
Requires intent to defraud
intent to restore EXACT property taken is not embezzlement. This includes money. Value of money =/= exact same
Extortion
obtaining property by means of threat to do harm or expose info.
future harm= suficient
Forgery
Making, altering a writing falsely with intent to defraud
writing must have apparent legal significance.
Arson
malicious burning of the dwelling of another
no specific intent, reckless disregard= suff.
destruction or significant damage is not required.
scorching= insufficient
charring= sufficient
Receipt of Stolen Property
receving possession and control of stolen personal property
known to have been obtained in a criminal manner by another person
with nitent to permanently deprive
Conversion
Defenses
Self Defense
Generally, no duty to retreat
non-deadly
reasonably believes is necessary from imminent force upon them.
Deadly
without fault, confronted with unlawful force, reasonably believes imminent death/ bodily harm
Imperfect self defense
defendant was at fault or
unreasonably but honestly believed necessity
right for aggressor
communicate withdrawal, OR initial victim escalates into deadly, no chance to withdrawal
reasonable force always available
deadly force- threatened with imminent, serious bodily injury or death
Insanity
Tests
Irrestible impulse test- unable to control actions
Durham test- crime is product of mental disease
Mc'Naughten- defect of reason, d lacked the ability to know wrongfulness/nature/quality of actions
MPC
defect, lacked capacity to appreciate criminality or conform to law
during proceedings
Due Process- need to understand nature of proceedings or assist lawyer in their defense.
Procedure
Ds are presumed sane, and must prove by PofE
Pros must prove D is sane beyond RD
fed ct requests C&C ev.
Defense of Others, Property
Others
reasonably believe victim could use force
Property
non-deadly
deadly force (DWELLING ONLY)
only can use to prevent violent entry when the person reasonably believes that the use of force is necessary to prevent attack
Mistake
of Law
not a defense generally
reasonable reliance on statute
statute was not published
of Fact
not available for strict liabiltiy
lacked state of mind, need not be reasonable unless it is a general intent crime
Intox
Defense to specific intent crimes
drops charge down by 1 degree
Durress
not valid for intentional homicide
valid for defense of 3P
Infancy
7 years old= no liability
7-14- rebuttable presumption
Necessity
person reasonably believes that crime was necessary to avoid injury to society
Does not apply to death of another person. No trollies
entrapment
See Crm Pro
intervening acts
shields D from liability if the act is a coincidence or is outside foreseeable sphere of risk created by D.
Inchoate Crimes
Conspiracy
agreement/ intent to agree
Must be 2 or more people
Bilateral (common law) 2 guilty minds required,
Unilateral (MPC): only 1 person need mens rea
intent to achieve objective
overt act
Any act in furtherance of crime, even mere prep.
NO MERGER.
Attempt
proximity test
must be dangerously close to successful commission
substantial step
beyond mere prep.
defenses
legal impossibility
abandonment
Solicitation
asking someone to commit a crime
w intent that crime be comitted
Perjury
intentional taking of a false oath in regard to material matter in judicial proceeding
Bribery
Corrupt payent or receipt of anything of value for official action
can extend to non-public officials