Crimes Generally Flashcards
Inchoate Crimes
- Conspiracy
- Attempt
- Solicitation
Common Law Conspiracy Elements (and Modern Element)
- An agreement
- Between two or more people
- To commit an unlawful act
- [MODERN ADDITION} With an overt act un furtherance of the conspiracy
Scope
Each co-conspirator can be convicted of both
Conspiracy AND
All substantive crimes committed by any other conspirator acting in furtherance of the conspiracy
MPC Conspiracy Elements
- An agreement
- Between two or more people
- To commit an unlawful act
- With the performance of an overt act in furtherance of the conspiracy
- AND the defendant agreed to commit the unlawful act
Relationship of Conspirators (Two)
Chain Conspiracy: Each participant is liable for the substantive crimes of his co-conspirators
C1 → C2→ C3→ C4
Spoke-Hub Conspiracy: Involves many people with a central “hub”; participants are not liable for substantive crimes of their co-conspirators because each spoke is treated as a separate agreement
C10
C1 ← HUB → R1
Withdrawal from Conspiracy
Common Law: Impossible to withdraw because the crime is complete once the agreement is made.
MPC: Co-conspirator may withdraw PRIOR to an overt act by communicating intention to other co-conspirators OR by informing law enforcement.
*If attempting to withdraw after an overt act, must work to THWART the conspiracy
Attempt Elements
- Specific Intent to commit a particular crime AND
- Make a substantial step towards perpetrating the crime
[Attempt is a specific intent crime even when the crime being attempted is general intent]
[Remember that the Doctrine of Merger typically applies here]
Solicitation Elements
- Defendant intentionally
- invites, requests, or commands
- another person
- to commit a crime
[If the person agrees, then this is Conspiracy]
[If person actually commits the offense, solicitation will merge]
Definition of Homicide
The killing of a living human being by another human being.
[Animals do not count.]
[Victim cannot already be dead.]
[Suicide is not homicide, but assisted suicide may be.]
Causation is required [Actual/Proximate]
Consent is not a defense to homicide
First-Degree Murder Definition
A deliberate and premeditated murder, OR a killing that results during the commission of an inherently dangerous felony [Felony Murder]
[Specific Intent Crime]
Exam will state specifically if it is first-degree murder. If not specified, assume common law murder
Common-Law Murder Definition
The unlawful killing of another human being committed with malice aforethought.
Four Types of Malice
- Intent to Kill
- Intent to Inflict Serious Bodily Injury
-
Depraved Heart: The defendant acted with a cavalier disregard for human life and death resulted
- Majority: Defendant must actually realize actions are risky
- Minority: A reasonably person would have recognized the danger
- Felony Murder: [Burglary, Arson, Robbery, Rape, and Kidnapping]
Manslaughter
Definition: All unlawful killings of another human being that are not first-degree murder not common law murder.
Two Types: Voluntary and Involuntary
Voluntary:
Defendant intends to kill victim, but state if mind (MR) is less culpable than murder.
- Heat of passion, under extreme emotional duress
TEST: Would this situation cause most people to act without thinking AND was there a lack to time to “cool off”?
Involuntary
A criminally negligent killing OR killing of someone while committing a crime not covered in felony murder.
Larceny Elements
- Taking
- Another person’s property
- Without his consent; AND
- With the intent to deprive him of it permanently
Property: Tangible objects
Taking: Physically moving property, no matter how slight
[Specific Intent Crime]
Embezzlement
Defendant begins with defendant’s consent to have property, but commits embezzlement when the property is converted to his own use.
[MPC uses Larceny elements]
False Pretense
The defendant obtains title to someone else’s property through an act of deception
[MPC uses Larceny elements]
Robbery Elements
- Taking
- Another person’s property
- without his consent
- with the intent to deprive him permanently, AND
- the taking occurs from the victims person or in his presence
- Either by violence or putting the victim in fear of imminent physical harm
[Larceny +Assault = Robbery]
