Criminal Law

Question 1

Actus Reus

Answer 1

Physical act over which defendant has control, or the failure to act that is actionable by law

Action has to be voluntary

Question 2

Actus Reus requirements (Voluntary Act)

Answer 2

Defendant commits a voluntary act; and

Defendant has physical control over the act, or committed a voluntary act with knowledge of the risk

Question 3

Actus Reus requirements (Failure to act)

Answer 3

Defendant fails to act; and
Defendant had a legal duty to act; and
Failure to act caused a social harm

Question 4

When do you have a legal duty to act?

Answer 4

Special relationship 
Contract
Statutory duty
Creation of risk 
Assumption of care

Question 5

Mens Rea

Answer 5

Culpable mental state required for conviction

Question 6

4 Mental States (MPC)

Answer 6

1. Purposefully/Intentionally
   (Acts with the purpose/intention to cause harm)
2. Knowingly
   (Have actual knowledge or awareness of a required material fact)
3. Recklessly
   (conscious disregard of substantial and unjustifiable risk)
4. Negligently
   (should have known of substantial and unjustifiable risk)

Question 7

Two other ways knowledge can be met

Answer 7

Yermian: Constructive knowledge (if a person should have known the material fact)
Jewell: Willful blindness (being deliberately ignorant to the material fact; you knew but chose to look the other way)

Question 8

Statutory Interpretation

Answer 8

1. Look at plain language of the statute first
2. Look at legislative history if plain language is not clear
3. Apply rule of lenity is language is ambiguous/unclear
   (We must adopt the interpretation of the statute that is most favorable to the defendant; in other words, the interpretation that is more likely to lead to the defendant being found not guilty)

Question 9

Specific intent Crimes

Answer 9

Beyond intent to commit the prohibited act

Question 10

General Intent Crimes

Answer 10

Just the intent to do the act

Question 11

Strict Liability Crimes

Answer 11

Crimes that have no intent requirement

Under common law, when a statute is silent to the mens era, it may or may not be a strict liability crime. Courts look to the text of the statute and the legislative history

Question 12

Natural and Probable Consequence

Answer 12

A criminal defendant’s intent to kill may be presumed if the natural and probable consequence of his wrongful act is to cause death.

Question 13

Transferred Intent

Answer 13

Common Law: D’s guilt is the same if attempts to kill one person but actually kills another instead
CA incorporated Common Law: If intend to kill A and kill A and B, cant transfer intent to B, b/c intent to kill 2 people is different than intent to kill 1

Question 14

Mistake of fact (Defense)

Answer 14

Specific intent crimes: mistake of fact may negate mens rea requirement is mistake is honest. Does not need to be reasonable.
General intent crimes: mistake of fact must be honest and reasonable in order to negate the mens rea requirement
Strict liability crimes: Mistake of fact will not affect culpability because there is no mens rea requirement

Question 15

Mistake of Law

Answer 15

Is not a defense under common law

Ignorance of the law is no excuse

Question 16

Three Basic Theft Crimes

Answer 16

1. Larceny
2. Embezzlement
3. False Pretenses

Question 17

Elements of Larceny

Answer 17

1. Wrongful taking and
2. Carrying away
3. Personal property of another
4. With the intent to permanently deprive the owner of the property

Question 18

Elements of Larceny by Continuing Trespass

Answer 18

Same elements as Larceny. Only difference is that the intent to permanently deprive is developed later on

Question 19

Elements of Larceny by Trick

Answer 19

Same elements as Larceny. Rule emerged to capture cases where “taking” occurs by deceit

When possession, but not owner ship or title is taken
Victim only intends to convey possession (rental car and dry cleaning example)

The trick or deceit must be the reason the victim transferred possession (victim believes the lie)

Question 20

Elements of Embezzlement

Answer 20

1. Intentional conversion
2. Of the property of another
3. By someone who is already in lawful possession of it (or by someone who has been entrusted)

Question 21

False Pretenses

Answer 21

1. False statement of facts that
2. Causes the victim
3. To pass title to defendant, and
4. Defendant must know statement was false, and
5. Defendant must have intended to defraud the victim

(money counts as title)

Question 22

Elements of Robbery

Answer 22

1. Felonious taking and
2. Carrying away
3. Of personal property of another
4. By threat or force of threat
5. Taken from victim’s person or in immediate presence of victim

Question 23

Common Law Elements of Burglary

Answer 23

1. Breaking (intruding within a building, no matter how slight)
2. And entering
3. Of the dwelling of another
4. At night
5. With the intent to commit a felony therein (had to enter with the intent to commit Crim inside)

Question 24

Modern Changes Elements of Burglary

Answer 24

1. Breaking (half of the states)
2. And entering
3. Of the building/structure of another
4. With the intent to commit a felony therein

Majority rule: entry only satisfied without consent
Minority rule: entry satisfied even if the person has right/license to enter with intent to commit a crime

Question 25

California Elements of Burglary

Answer 25

1. Entering 2. Any structure or any room within a structure 3. With the intent to commit a felony or theft crime therein Entering satisfied when entering a commercial building with intent to commit a felony or a theft. (shoplifting statute (only for commercial establishment, not a home): theft > $950) Entry element may be satisfied if enter with intent to commit theft/felony even if invited/allowed to enter (Any part of body counts)

Question 26

Entry by Instrumentality

Answer 26

When an instrument other than a part of a defendant’s body enters for purpose of committing target crime

Question 27

Actual ("But for") Causation

Answer 27

Determines whether D's voluntary act or omission is a causal factor "But for" test: but for D's voluntary act/ omission, would the social harm have occurred when it did? If no, then D is an actual cause.

Question 28

Proximate Cause

Answer 28

When the defendant’s conduct is the direct cause of the social harm (when there are no intervening causes) it would be fair and just to hold the defendant criminally liable

Question 29

Dependent (or responsive) intervening cause

Answer 29

Dependent upon D's voluntary act D is the proximate cause unless the intervening cause is extremely unusual or bizarre

Question 30

Independent (or coincidental) intervening cause

Answer 30

Independent of D's voluntary act D is generally relieved of criminal liability (not the proximate cause) unless the intervening cause is foreseeable. Intervening act is independent if it would have occurred regardless of the D's voluntary act.

Question 31

Good Samaritan Laws

Answer 31

Imposes an affirmative duty on ordinary people to assist others in need

Question 32

Theories of Punishment

Answer 32

Retribution: Justice, "eye for an eye" Incapacitation: Protect the rest of the society form a person Deterrence: Others don't want to face the punishment; preventative Rehabilitation: resolving the underlying issue that drive that crime

Question 33

Yermian

Answer 33

When a statute is unclear or ambiguous, courts consider the plain language of the statute and the legislative intent behind the statute to interpret the statute’s meaning. If the meaning is ambiguous based on a review of the plain text and the legislative intent, courts default to the rule of lenity and interpret the statute in the manner that is most advantageous to the defendant.

Question 34

Jury Nullification

Answer 34

Jury acting against the rule of law, and determining guilt based on personal sense of justice

Question 35

CA Law Robbery

Answer 35

``` felonious taking property of another from person or immediate presence accomplished by force or fear - Concurrence goes form time of taking up until robber gets into point of relative safety - all one act ```