Professional Documents
Culture Documents
One Sheet - Criminal
One Sheet - Criminal
One Sheet - Criminal
ACTUS REUS guilty hand 1) voluntary conscious act causing an unlawful result OR 2) omission, if there is a legal duty to
act (def must be physically able to act)
MENS REA- guilty mind levels
1) purpose conscious objective to bring about prohibited result
2) knowledge knows with almost absolute certainty will produce prohibited result
3) intent acts with purpose and knowledge
(INCHOATE OFFENSES- intent means purpose only)
4) recklessness-aware that conduct creates unjustifiable risk, but ignores and does it anyway
5) criminal negligent-unjustifiable risk w/o subjective awareness of doing so, but reasonable person would have- requires
gross deviation from normal SOC
INTENT- general- only requires a desire or state of mind to do the prohibited act- reckless or criminally negligent
Specific- requires proof that defendant intended to produce a specifically prohibited harm. INCLUDES PURPOSE OR
KNOWLEDGE.
STRICT LIABILITY crimes- need no mens rea, ACT + RESULT = guilt. Mistake no defense.
CONCURRENCE-not necessary that mens rea and act occur at exactly at same time, but mental state must inspire the act.
CAUSATION- must be actual cause and proximate cause. 3 kinds, BUT FOR, SUBSTANTIAL FACTOR ACCELERATION
(happens a lot in the mercy killing situation)
PROXIMATE cause only in doubt when there is a supervening cause
CRIMES AGAINST PERSONSHOMICIDE-unlawful killing of another human being with malice (unlawful means without justification or excuse)
WITH MALICE MUST BE MURDER, intentional or unintentional
MALICE- EXPRESS- purpose, OR knowledge, OR, intent to inflict grievous bodily harm IMPLIED- def caused death as result
of extreme recklessness or criminally negligent conduct, wanton disregard for value of human life. , even when killing
unintentional, and implied under a felony murder category
ANY UNLAWFUL KILLING + MALICE = MURDER, even if defendant did not set out to kill or expect that their conduct would.
- At common law, if victim dies more than a yr later, death was unforeseeable MODERN LAW- eliminated this rule.
- EVEN IF DEF not personally do the killing, can be liable if, accomplice, conspiracy, substantial factor and co-felony liability.
APPROACH
GENERALLY
1. to determine if crime, find
guilty mind that moved guilty
hand, causing bad result
( unless strict liability)
without justification.
Homicide- Look for actual
cause of death, proximate
cause of death, and whether
any defenses or excuses. If
unlawful,
1) expected to kill or not
2) if intended, any eraser?
3) if no, P and D?
THEFT CRIME
1. how obtain? Trespass,
delivery or trick
2. acquire possession or title
3.
formed
intent
to
permanently
deprive
at
some time while in unlawful
possession of the property
Depraved heart-reckless or gross neg conduct, causing extreme risk, with wanton disregard for human life.
Felony murder
unintentional killing proximately caused during the commission of a serious or inherently
dangerous felony. malice automatically established if murder occurs during 1) right type of felony either enumerated in
statute or independent of killing and inherently dangerous. 2) And right connection to the felony, foreseeably outgrowth of the
felony and 3) right time received injuries during, attempt, commission, or immediate flight from the felony
Co-felon liability- majority agency rule each felon is the agent of the other
----Difference between 1st and 2nd degree- 1st requires premeditation and deliberation, or special circumstances, eg, killing child,
torture, lying in wait or a police officer, poison, MUST HAVE INTENT TO KILL, SPECIFIC INTENT
Voluntary manslaughter- intentional killing, but mitigated by adequate provocation negating malice
heat of passion ordinary person could lose self-control, mere words not enough, must be causal connection between
provocation and killing, and time in between cannot be long enough that the reasonable person would have cooled off.
Also available for VM- diminished mental capacity short of insanity, unreasonable judgment of self-defense, it wont get you
acquittal, but not murder
Involuntary Manslaughter- unintentional killing resulting from unjustifiable risk creation recklessness or gross neg.
that isnt sufficient to rise to implied malice.
D aware of rick, and ignores= recklessness, D unaware, but reasonable person would be= crim neg
Misdemeanor manslaughter-minority of states,- when murder occurs during inherently dangerous misdemeanor
Battery- intentional application of force to a person( gen intent) elevates to aggravated if causes serious harm, or uses
deadly weapon, or batters protected class, like kids, spouse or police officer DEFENSES consent, defense of self and others
as long as proportional, or to prevent a crime, as long as proportional force
Assault (2 types) 1) failed battery- ( victim need not be aware) 2) fear of an imminent battery- reasonable apprehension
words insufficient- aggravated if def uses dangerous weapon, intent to rape or murder, or victim protected by statute
Mayhem- old common law crime dismemberment or disable victims ability to fight many juris. Call this aggravated battery
False imprisonment- intentional confinement
Kidnapping- CL-unlawful restraint by force to send to another country MODERN- suffices to take to another location
or concealed( if victim not moved, not kidnapping)
Rape- CL carnal knowledge of woman not wife against will with force or threat of force MODERN
Force of penetration sufficient, and doesnt have to be a woman, and can be against a wife STATUTORY- strict liability
intercourse with female under 16= rape even if victim expresses consent, and even if D mistaken about age
Bigamy-strict liability- marriage to more than one person lack of knowledge about other marriage is not a defense
Incest- sex between close relations, degree of closeness varies
CRIMES AGAINST PROPERTYTHEFT CRIMES- must have intent to permanently deprive
Larceny-unlawful taking of property of someone elses property, and carrying away, with intent to permanently deprive
MNEUMONICS
Felony murder crimesBARRK-burglary,
arson,
rape robbery kidnapping
specific
intent
crimes
SCAB
FARM
ELFSolicitation,
conspiracy,
attempt,
battery,
fraud,
assault,
rape,
murder,
embezzlement,
larceny,
forgery