Crim Law Flashcards
Jurisdiction
A state acquires jurisdiction over a crime if either the conduct or the result happened in that state.
Merger
- Generally, there is no merger of crimes in American law.
- But: solicitation and attempt do merge into the substantive offense. Thus, if you have completed a crime, you cannot be convicted of attempting to commit that crime.
- Note: conspiracy does NOT merge into substantive offense. Thus, you CAN be convicted of conspiring to do something and doing it.
a. Ex: remember ex where there’s solicitation and conspiracy solicitation merges with merger
Two types of crime
Felonies - punishable by death or imprisonment for more than one year
Misdemeanors
Constitutional Limits on Criminal Statutes
(1) must give fair warning
(2) no arbitrary and discriminatory enforcement
(3) no ex post facto laws
(4) no bills of attainder
General elements of a crime
actus reus
mens rea
concurrence
harmful result + causation
actus reus
omission as act
when is there a legal duty to act?
voluntary physical act. act is a bodily movement.
omission is an act if: (1) legal duty to act, (2) d has knowledge of duty, and (3) reasonably possible to perform the duty.
legal duty to act when:
- by statute
- by contract
- because of relationship between parties
- you voluntarily assume duty and fail to adequately perform it
- you created the peril
What is specific intent and what are the 11 specific intent crimes?
Crime may require specific intent or objective in addition to an act. Specific intent may be implied from manner in which the crime was committed.
inchoate offenses:
- solicitation
- conspiracy
- attempt
- first-degree murder
- assault
- larceny
- embezzlement
- false pretenses
- robbery
- burglary
- forgery
What are the malice crimes and what intent is necessary?
common law murder and arson
You don’t need specific intent, you need reckless disregard of an obvious or high risk that the particular harmful result will occur.
When is general intent required? What are typical examples of general intent crimes?
General intent is the big catch-all category. The fact a d committed the particular act is sufficient for the jury to infer general intent.
General intent means that the Defendant has general awareness that she is acting in a manner that would be prohibited by law.
Battery, rape, kidnapping, false imprisonment
Transferred Intent; when does it apply
A defendant can be liable under the doctrine of transferred intent where she intends the harm that is actually caused, but to a different victim or object.
ALWAYS TWO CRIMES FOR TRANSFERRED INTENT You can be convicted for specific intent crime of first-degree murder AND attempted murder with regard to person you shot at and missed.
applies to homicide, battery, and arson (NOT ATTEMPT)
Strict Liability Offenses
A strict liability offense is one that doesn’t require awareness of all the factors constituting a crime - guilty from mere fact the defendant committed the act. Defenses that negate state of mind aren’t available.
Selling liquor to minors, statutory rape, bigamy
What are the MPC categories of intent? Subjective or objective?
Purposely (subjective) - when d’s conscious object is to engage in conduct
Knowingly (subjective) - one acts knowingly when he is aware that his conduct will very likely cause the result.
Recklessly (subjective and objective) - one acts recklessly when he consciously disregards a substantial and unjustifiable risk.
Negligently (objective) - one acts negligently when he fails to be aware of a substantial and unjustifiable risk where such failure is a substantial deviation from the standard of care
Causation and concurrence
Concurrence requirement: the defendant must have had the intent necessary for the crime at the time he committed the act constituting the crime.
Causation: some crimes (e.g. homicide) require a harmful result and causation. Thus, a crime is defined to require not merely conduct, but also a specified result (e.g. death), the d’s conduct must be both the cause-in-fact and the proximate cause of the specified result.
What are the three actors in accomplice liability? When are they liable?
What is the scope of an accomplice’s liability?
How does an accomplice withdraw?
- Principal: one who, with the requisite mental state, actually engages in the act or omission that causes the criminal result
[liable for principle crime] - Accomplice: one who aids, advise, or encourages the principal in the commission of the crime charged
[to be convicted of substantive crime as an accomplice, accomplice must have: (1) intent to assist the principal in the commission of the crime, and (2) intent that the principal commit the crime]
… if substantive crime requires recklessness or negligence as mens rea, intent element is satisfied if accomplice (1) intended to assist crime, and (2) acted with recklessness/negligence … - Accessory after the fact: one who receives, comforts or assists another knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.
An accomplice is responsible for the crimes she committed or aided/advised/encouraged and for any other crimes committed in the course of committing the crime contemplated, as long as the other crimes were probable and foreseeable.
If the person encouraged the crime, the person must repudiate the encouragement.
- If the person aided by providing assistance to the principal (such as giving materials), he must do everything possible to neutralize this assistance (such as attempting to retrieve the materials).
- An alternate means of withdrawing is to contact the police.
conspiracy - elements
Do we need a covert act?
When can a conspirator be convicted of a crime committed by another conspirator?
What is the effect of factual impossibility? Withdrawal?
conspiracy is an (1) agreement, (2) with an intent to agree, and (3) an intent to further an unlawful objective.
If true intention was to catch the act/set up partner, no intent and one guilty mind is not enough.
Majority of states require a covert act. (any little act will do)
A conspirator can be convicted of a crime committed by another conspirator if:
(1) the crimes were committed in furtherance of the objectives of the conspiracy, AND
(2) the crimes were foreseeable, AND
(3) no VOLUNTRAY withdraw
- recall sick person that couldn’t make it but helped prepare: liable for actual robbery
Factual impossibility is no defense to conspiracy.
Withdrawal, even if it’s adequate, can never relieve the d from liability for the conspiracy itself - but you can withdraw from liability from other conspirators’ subsequent crimes.
What is solicitation? When does it end?
Asking someone to commit a crime with the intent that the person solicited commit the crime. Ends when you ask them.