MBE Criminal Law Flashcards
Homicide: Murder - 4 types
1) Intent to Kill
- Premeditated
2) Intent to Inflict SERIOUS BODILY INJURY
3) FELONY Murder
- Death resulting from commission of dangerous felony (BARRK)
- burglary, arson, rape, robbery, kidnapping
4) Depraved Heart
- Reckless Disregard of Human Life.
- Knew or should have known death could occur, proceeded anyway. No intent to kill is required.
Reckless = malice, malicious
Homicide: Manslaughter - 2 types
1) Voluntary - PROVOCATION, heat of passion, no time to cool off
- adequate provocation - requires the provocation would cause sudden intense passion in an ordinary person
2) Involuntary - NEGLIGENT killing
NEVER pick “intent” - thats MURDER
Homicide: presence v. absence of people
- example: dropping a bowling ball from top of building at 1 pm with people around vs. 3 am with no one around.
1pm - Depraved heart murder - People are present (knew or should have known death would occur; reckless behavior)
3am - Involuntary manslaughter - No people are present (negligent behavior)
INCOHATE Crimes: Attempt (and Merger)
ATTEMPT
1) You have the criminal INTENT to commit the underlying crime and
2) take an OVERT ACT (substantial step) in furtherance of the crime
3) the crime was NOT COMPLETED.
- Merger: If the underlying crime WAS completed, attempt merges into the underlying crime and the individual would be charged with the actual crime, not attempt.
INCHOATE Crimes: Conspiracy + Can you withdraw from the conspiracy?
1) Two or more people agree to commit a crime
2) with the specific intent to do so (no joke/bluff)
Once there is an agreement, always guilty of conspiracy
- Can only withdraw from the underlying crime if you provide notice to co-conspirator or to law enforcement prior to the crime.
Example: John agrees with an undercover cop to meet at the bank at 8 am to rob the bank. Is John guilty of conspiracy?
- NO. Cop does not have the specific intent. (Yes for MPC jurisdiction)
INCHOATE Crimes: Conspiracy > Model Penal Code jurisdictions distinction
Model Penal Code Jurisdictions - Unilateral theory of conspiracy
- One person on their own agrees in their head to commit a crime
Example: John agrees with an undercover cop to meet at bank at 8am to rob bank. Is John guilty of conspiracy?
- Yes. Does not matter that the Cop lacks the specific intent.
INCHOATE Crimes: Conspiracy > Co-Conspirator Rule
Co-Conspirator Rule:
- Once there is a conspiracy, any crime committed by one conspirator, the other conspirators will be guilty of all those crimes whether they committed them or not, as long as the crimes were in furtherance (foreseeable) of the conspiracy to commit the crime
INCHOATE Crimes: Solicitation
Encouraging, enticing, motivating, offering another person to commit a crime with the SPECIFIC INTENT for them to do so
- no joke/bluff
Specific Intent Crimes v. General Intent Crimes
Specific Intent Crimes: intent is necessary
General Intent Crimes: no intent necessary
- If there is a general intent statute (statutory rape) and someone is charge for attempt or soliciation of that general intent crime, it becomes specific intent because one of the elements for attempt is criminal intent.
Specific Intent Crimes: Burglary
1) Breaking, entering
- Breaking: any opening, enlarging, of entryway
- Entering: any part of the body
2) the dwelling of another @ night
- Dwelling: anywhere someone lives
3) with INTENT to commit a Felony
- Intent to commit a Felony: The moment they enter. Doesn’t matter if you change mind after entering.
Specific Intent Crimes: Larceny
1) Trespassory taking away of personal property
2) with the INTENT to PERMANENTLY deprive
- taking away: slightest movement
- larceny arises at the moment the D has possession and decides not to return the property.
- continuing trespass theory: when one first takes the property with the intent to return it, but later decides to permanently deprive the owner. At that moment, it is larceny.
Specific Intent Crimes: Robbery
1) Trespassory taking away of personal property
2) with FORCE / INTIMIDATION
Specific Intent Crimes: Assault
Attempt to commit a battery or
Placing another in imminent apprehension of harmful contact
- WORDS ALONE NOT ENOUGH
- Need some evidence that you can do what you are threatening
Specific Intent Crimes:
1) Larceny By Trick
v.
2) False Pretenses
1) Taking POSESSION of the property of another by misrepresention of fact
- by: causation connection
- Default answer on the test unless clear false pretenses
2) Obtaining TITLE of property by misrepresentation of fact
- Some paper or title document
- scam or fraudulent sale (usually some type of two-way buy/transfer)
Specific Intent Crimes: Embezzlement
Initially in lawful possesion, then convert to own use
* HOLDING/PROTECTION of property initially
