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BARBRI Crim Law - Coggle Diagram
BARBRI Crim Law
Property Offenses
Larceny
Elements
Taking
obtaining control
Carrying away
Asportation
Of property
Excluding realty/services
By trespass
w/o consent
w/ intent to permanently deprive
Intent to deprive
Sufficient
Substantial risk of loss OR sell
Insufficient
D believes the taking is theirs
Possibly sufficient
Intent to may in the future
Embezzlement
Elements
Fraudulent
Conversion
Of property
By person in lawful possession
Embezzle vs Larceny
E = rightful possesion
L = No possession before crim
False Pretenses
Elements
Title of property
Intentional false statement
Intent to defraud
False P vs Larceny by Trick
F = giving up title
L/T = giving up possession
Robbery
Elements
Taking of property
from person
by force
imminent harm
Intent to permanently deprive
vs larceny
w/ force
Theft
Receipt of stolen property
Knowingly
Possessing stolen stuff
Stolen at time of D's receipt
Intent to permanently deprive
Forgery
Making a writing
That is false
Intent to defraud
Burglary
Breaking & Entering
Actual
Constructive
Dweling
at nighttime
Intent to commit felony
Arson
Malicious
Reckless disregard
Burning
charring is sufficient
of dwelling
Extortion
Blackmail
Robbery but future threat of harm
Defenses
Insantiy
M'Naghten Rule
Elements
Disease of mind
Defect of reason
Cannot know wrongfulness / understand actions
Irresistable impulse
Unable to control actions
Durham Test
Crime was product of the mental illness (but for)
MPC Test
Lack capacity to appreciate criminality OR
Lacked capacity to conform their conduct
Procedural Issues
Must prove insanity beyond preponderance
"not guilty" does not waive defense
If Insantiy, cannot refuse examination
Cannot be tried / convicted IFF
Cannot understand proceedings
Cannot assist lawyer to prepare
Diminished capacity as alternative
Defense to ALL crimes
Intoxication
Voluntary
Intentional taking when knows to be intoxication
Defense to specific intent crimes
Involuntary
Without knowledge
under duress OR
Medical advice
Applies to all crimes
Infancy
Under 7, all crimes
under 14 rebuttle presumption
Justification Defenses
Self Defense
Excuse of Duress
All except homicide
Belief of imminent harm unless crime
Necessity
Self-defense
Reasonable belief of harm
DF if threatened wi/ death
Deadly force (DF)
Nondeadly Force (NF)
Defense of others
DF if threatened w/ death
If request to desist, OK, then no NF
Defense of property
Reasonable belief of protection
No DF ever
Crime prevention
Mistake
Of Fact
Lacked state of mind required
Need not be reasonable for Spec. Int.
Reasonable mistkae if other
Of Law
Not a defense UNLESS
Statute was not published yet
Reasonable reliance on statute/judicial
Reasonable reliance on official
May negate intent
Entrapment
Popo sets up a sting
There was no intent for crime
Elements of Crime
Jurisdiction
States
Committed in State
Result in State
Neglect of State duty
Inchoate Combo
Actus Reus
Physical Act
Voluntary bodily movement
Omission
Legal duty to act AND
Duty comes from
Statute
Contract
Relationship
Voluntary Assumption
Created the Peril
Knowledge of duty AND
Reasonably possible to perform
Possession
W/in D's "dominion & control"
Mens Rea
CL
Malice
CL Murder
Arson
Reckless disregard when high risk
(SI defenses do not apply)
Strict Liability
Stat'y Rape
Selling to minors
Bigamy
No adverb? Then SL
General Intent
Rape
Kidnapping
False Imprisonment
Battery
Specific Intent
Solicitation
Invite to commit crime
Attempt
Complete
Conspiracy
Crim Completed
1st Deg Premed Murder
Premed to kill
Assault
Commit battery
Larceny, Robbery
Permanent deprivation
Forgery
Defraud
False Pretenses
Defraud
Embezzlement
Defraud
MPC
Purposely
Conscious objective
Knowlingly
Aware of circumstance/risk/danger
Recklessly
Conscious disregard; unjustifiable
Negligence
Very unreasonable failure to be award
Concurrence
Causation (Specificed Result)
Cause-in-fact
Proximate
Homicide
CL Murder
Malice aforethought
Intent to Kill OR
Intent bodily injury OR
Reckless indifference for life OR
Intent to Felony
MPC
1st Degree
Deliberate Premed
2nd Degree
Depraved Heart
Felony Murder
Caused during a felony
Felony Murder
Included Felonies
Burglary
Arson
Rape
Robbery
Kidnapping
Limitations
Must commit or attempt crim
Felony must be distinct from crime
Death as foreseeable result
Death caused before "immediate flight"
Not liable for death of co-felon
Proximate Cause Theory
Felons liable for death of innocent victims other than co-felon
Agency Theory
Killing must be by felon or agent
Causation
Cause-in-fact AND
But-for causation
Proximate Cause
natural and probable consequence
Limitations
Year & a day rule
abolished in some jurisdictions
Intervening act
3rd party negligent medical care
D still liable
Victim's refusal of treatment
Manslaughter
Voluntary
Provocation + Murder
Elements
Sudden / Intense passion AND
Provocation AND
No cooling off period AND
Did not cool off
Imperfect Self-Defense Doctrine
Unreasonable but honestly believed violence was necessary
Would be murder otherwise
Involuntary
Criminal negligence OR
During unlawful act
Judicial Offenses
Perjury
Intentional false oath re: material matter
Subornation of Perjury
Procuring / Inducing perjury
Bribery
Corrupt payment
Compounding a Crime
Misprison of a Felony
Failure to disclose knowledge of felony
Inchoate Crimes
Conspiracy
Elements
Agreement
MPC
Requires crim intent by 1+
CL
Requires crim intent by 1+
Rules
Wharton Rule
No conspiracy unless more ppl than crime requires
Necessary party not provided for
Wharton rule does not apply
Protected class
Cannot commit crime against self
Intent
Requires
Intent to agree
Intent to achieve objective
Overt Act
Beyond mere preparation
Termination
Upon completion
Concealment =/= Caonspiracy
Liability
All crimes
Also foreseeable / probable
Defenses
*
Factual Impossibility
NOT a defenses
Withdrawal
NOT a defense
OK against further crimes
Merge?
NO MERGE
Accomplice Liability
Parties to a crime
CL
1st Deg Principal
Actual engagement in crim
2nd Deg Principal
Aid / Advised / Encourage
Accessory Before
Not present during crime
Accessory After
Assist w/ knowledge of felony
Modern Statutes
Principal
Actual criminal
Accomplice
Aids/advises/encourages
Dual Intent
Intent to Assist Principal
Intent for Principal to Crime
If Reckless / Negligence
Intend to facilitate
Act w/ Neg/Reck
Mere knowledge = insufficient
Scope of Liability
Responsible for
Crime performed
Probable / Foreseeable crimes
Exclusions
Class protected by THE statute
Necessary party not provided for
Withdrawal
Repudiate AND
Attempt to neutralize AND
Notify police
Solicitation
Elements
Asking
With Intent
Merge?
MERGES
Attempt
Elements
Specific Intent
Overt Act
"Proximity Test"
How close to completion?
"Substantial Step" Test
Beyond Mere Preparation
Defenses
Abandonment
Not a defense
MPC OK IFF
Fully voluntary AND
Complete Abandonment
Legal Impossibility
Rare defense
Factual Impossibility
Not a defense
Merge?
MERGES
People Offenses
Battery & Assault
Battery
Unlawful application of force resulting in injury
Aggrevated Battery
Deadly Weapon
Battery w/ serious bodily harm
Child / woman / police
Assault
Attempt to commit battery OR
Intentional creation / reasonable apprehension / imminent bodily harm
Aggravated assault
Assault +
Deadly weapon OR
Intent to rape, maim, or murder
False Imprisonment
Unlawful confinement w/o consent
"Interefere substantially" with liberty
Kidnapping
Movement of victim AND
Concealment
Rape
Statutory
Lack of effective consent
Actual force
Threat of bodily harm