<CRIMINAL LAW> conspirators after the withdrawal.

Under MPC, a person cannot withdraw

- To meet specific intent must have subjective intent to from conspiracy after agreement made. Under CL, D cannot be convicted
commit the crime (must actually know), if unware then not. **What is the of conspiracy if all others acquitted, b/c requires at least 2 ppl.
most serious crime he could be convicted Q: if there is possibility, choose  Attempt: Specific intent to commit + substantial step beyond mere prep.
it. ** General intent crime: only requires intent to perform an unlawful act. Abandonment/ withdrawal: most states →NOT a defense once D has taken a
Battery, rape, kidnapping, false imprisonment. substantial step toward the crime (conduct beyond mere preparation).Minority
1. General States & MPC → Abandonment before the completion of the crime is an
 JURISDICTION: Fed) can criminalize conduct in US and of affirmative defense if: D voluntary renounces his criminal purpose; AND
US persons who committed crime abroad. State) can only punish for crime w/ completely abandons the effort to commit the crime or otherwise prevents its
connection to state, conduct outside w/ an attempt to commit crime in state. commission. HOWEVER, not voluntary abandonment: if motivated by
 Elements: Prosecution must prove all beyond a reasonable doubt desire to aovid detection, delay until more favorable time or selecting another
1. Voluntary physical act (actus reus): omission is not criminal similar objective/ victim. Abandonment of principal is not defense for
unless duty to act + D had knowledge of facts concerning duty to act + accomplice who doesn’t also abandon.
reasonably possible for D to act.  Solicitation 1) D requests another person to commit / or join a crime +
 Involuntary: unconsciousness, sleep, or hypnosis. Epileptic specific intent that crime be committed + other person receives the request 2)
who knows possibility of a seizure + voluntary drives car and has With specific intent that the crime be committed; AND 3) The other person
seizure is responsible. Duty to act: statutory duty (file tax return); K receives the request. Defense: voluntary renunciation only at MPC. Factual
(lifeguard saving drowning person); special relationship; detrimental impossibility is not a defense.
undertaking (leaving victim in worse condition after treatment); D 3. Homicide: on exam, default is CL murder. Duress is not defense to
caused danger. murder. If already dead when kills, then only liable for attempted
2. Mental state (mens rea) murder.
 CL: Specific Intent – intent or desire to engage in the A. CL & 2nd degree murder: unlawful killing of human w/ malice
conduct or cause a certain result (enter home w/intent to rob) BAM aforethought: 1) intent to kill; 2) intent to inflict great bodily injury; 3)
ACTS: Burglary, Assault, Murder (1st degree), Attempt, Conspiracy, reckless indifference to an unjustifiably high risk to life;
Theft, Solicitation. Inchoate =(attempt, solicitation, conspiracy)
 General act: awareness of acting in a certain way  If only provides means so that other can commit suicide = assisted suicide.
(manslaughter, battery). Malice- reckless disregard of a known risk that But “mercy killing”, euthanasia, helping someone else die is a criminal
harm may occur (“I AM certain: Arson, Murder). Strict Liability – no homicide, consent is not a defense to homicide.
mental state required/ knowledge ; only act is required (Statutory/ B. 1st degree murder: deliberate, willful, and premeditated (specific intent)
regulatory offenses: statutory rape, offense to public welfare (ex. car  Felony Murder: unintended killing during BARK: burglary, arson, rape,
needs insurance) bigamy, regulating food & drugs) kidnapping. No felony murder once D reaches temp safety or if death of
 MPC: Purposefully – conscious object to engage in conduct or co-felon is result of resistance by victim or police. If convicted of FM, the
cause certain result. Knowingly – aware that conduct will cause certain underlying BARK merges into FM conviction. If someone other than co-
result.Recklessly – consciously disregards a substantial and unjustifiable felon killed by police officer/ dies via resistance by victim, in agency theory
risk + act is a gross deviation from how a RP would act OR unaware solely (M): felon not liable for death of bystander b/c that person is not felon’s
b/c voluntary intoxication. Criminal Negligence – should have been aware agent; in proximate-cause theory: liability attaches b/c death is a direct
of a substantial and unjustifiable risk + that failure is a gross deviation from consequence
the standard of care.  FM Defenses: 1) valid defense to underlying felony; 2) felony was not
 Transferred intent crime: if intent to cause crime and that distinct from or independent of killing itself (aggravated battery); (3)
act directly results in harm to another person. Only for completed death not a forseeable result (4) death occurred after commission of
crimes. felony and ensuing flight from crime scene.
 Merger: lesser included offense will merge into greater b/c of C. Manslaughter: Bump down murder if “imperfect self-D” – D was at fault
double jeopardy clause unless 2 separate victims. Solicitation and attempt in starting fight or unreasonably but honestly believed in necessity.
merge into completed offense (tried but not punished). No merger for Voluntary manslaughter intentional killing w/ adequate provocation/ heat of
conspiracy – separate from completed crime. passion: (D was provoked, RP would have been provoked, not enough time to
 Accomplice liability: 1) Active involvement before/during cool off. Even if cool down, D can be provoked again by 2nd encounter, ex.
offense (aid, counsel, or encourage) AND 2)h as dual intent (M: intent to seeing wife doing sex twice. Words are NEVER enough, must combine
assist primary party, and purpose of promoting or facilitating offense; m: w/circumstances); Involuntary murder manslaughter – unintentional killing
intentionally or knowing aids, even if no intent to aid commission of of a person committed: reckless disregard of a substantial & unjustifiable risk
crime ). Liable for all crimes he committed + all foreseeable crimes by the of harm , under misdemeanor-murder rule, during a non-dangerous felony OR
primary party. w/ criminal negligence
 Mere presence/ knowledge crime will result not enough. Can’t D. Other crimes
be convicted if D is a member of class protected by criminal law or if the 1) Property crimes
crime requires another party, the other party is not guilty simply by  Larceny: taking and carry away of personal property of another by trespass
engaging in the criminal act (buyer of drugs not guilty of distributing w/ intent to permanently deprive (not temporary taking w/intent to return). If
drugs just by his purchase) . Defense of withdrawal: if D withdraws steals and then returns b/c feels bad w/out other’s knowledge, still larceny.
before crime becomes unstoppable. Requires repudiating encouragement Not mere attempt.
given + neutralizing any assistance. In CL, principal in 2nd degree can be  Embezzlement: fraudulent conversion of personal prop of another by a
convicted even if 1st principal is acquitted. person in lawful possession of that property. Intent to permanently deprive
 Accessory of fact if helped afterwards w/ intent (ex. give false the lawful owner of the property is required.
report to police to obstruct, failure to report hiding felon). Only liable for  False pretense: 1) Obtaining title to property/ money 2) of another person
“obstruction of justice”, not primary crime. 3) through reliance of that person 4) on a known false representation of a
3. Causation (both actual and proximate cause) : foreseeable that material past or present fact and 5) the representation is made with the intent
victim of a violent crime will have a heart attack to defraud. (ex. selling counterfeit as real and obtains $)
4. Concurrence (mental state and physical act occur at same  Larceny by trick: Obtaining possession to personal prop of another by
time). inten’l false stmt of fact with intent to defraud
2. Inchoate crimes; CAS  V. contrast above with mere breach of K, failure to meet K duties.
 Conspiracy: (i) Agreement between 2+ppl (CL: none if  Robbery = larceny + assault. Taking of personal prop of another from
undercover police officer MPC: recognized); (ii) intent to agree & (iii) other’s person or presence by force or threat of imminent death/injury with
pursue unlawful objective. CL dose not require overt act, but majority jxn intent to permanently deprive.
now do. EXAM: Apply CL unless stated. Liability: all foreseeable crimes  Extortion: obtain prop by threat of harm/exposing info.
committed to further consp. Withdrawal before over act: (i) affirmative act  Forgery: making a false writing with apparent legal significance and intent
notifying all members of withdrawal and (ii) assistance in neutralizing. Not to defraud. Crime complete when document is “made”.
a defense for conspiracy but defense for crimes committed by co-
 injury), AND (3) the use of deadly force was necessary. Majority: Duty to
not required. Minority: Duty to retreat, but not when no opportunity
to retreat, cannot retreat safety, or if attacked in home. Never available to
protect property (unless to prevent or terminate forcible entry into dwelling
2) Offense against habitation if occupant reasonably believes that intruder intends to commit felony inside;
 Burglary: Unlawful enter, via breaking and entering home booty trap only ok if not deadly). Even if there is no duty to retreat, DF
(smashing window etc, no consent) of dwelling of another person with intent only allowed when necessary.
to commit felony therein. At CL: only dwelling, not property. (not B if break
into to retrieve one’s stolen property, not B if falsely believes that her act is a 2) Non-deadly force: justified when (1) D reasonably believes, (2) that he’s
felony when it is not b/c honestly held mistake of law negates required in imminent danger of being harmed.
intent).  Aggressor can only use force in self-defense if 1. Withdraws and
 Arson: Malicious burning of dwelling of another. Modern:1. communicates or the other person escalates the fight w/ deadly force and
Req’s damage to structure; 2. intentionally burdning own home is also arson; withdrawal not possible.
3. Commercial bldg. also ok At CL: only during nighttime.  Imperfect self defense: Mitigates murder to voluntary manslaughter
3) Offense against person when: (1) D kills based on a good faith belief of self-defense, (2) but such
 Battery: unlawful application of force resulting in bodily belief was unreasonable.
injury or offensive touching. GI crime (intent to cause injury not req).  Duress: improper threat. Reasonably believes that the only way to avoid
Aggravated: deadly weapon; serious bodily harm; to a child, woman or death/ SBI is violating law. Not a defense to intentional murder.
police. But parent allowed to discipline + teacher if discipline for benefit of Necessity: natural forces, not economic necessity. Lesser of two evils.
minor child. May escape criminal liability but may have to repay economic damages in
 Assault: (1) attempted battery (subst. step towards tort.
commission of battery) (SI) OR (2) (GI): intentional creation of a reasonable <Criminal Procedure>
apprehension of imminent bodily harm to a person. Conviction: Beyond a reasonable doubt for elements of crime . Arrest:
 Rape: (1) Unlawful; (2) Sexual intercourse; (3) Against her more likely than not (probable cause). Stop: reasonable suspicion
will by force or threat of immediate force (many jxn = lack of consent 1. 4th amendment prohibition against unreasonable search & seizure by
enough). Many jxn= gender neutral, not just against women. GI crime (so police/ acting under police (therefore can only claim 4th A against police and
voluntary intoxication not a defense). Statutory rape: sex with minor. SL not to private party)
crime. Consent by victim & reasonable mistake of fact concerning victim’s A.Standing: when there is an 1) expectation of privacy in thing 2) searched/
age is not a defense. Fraud in factum (victim unaware consenting to sex - D seized by 3) government agents.
convinces victim that act is not sex but part of medical exam) negates D’s B.Arrest = Unreasonable seizure.
consent, but fraud in the inducement (victim aware consenting to sex -  Proper arrest: a police officer MUST have probable cause of 1)
promise of marriage in exchange for sex) does not negate consent. trustworthy facts or knowledge, (2) sufficient to warrant a RP to believe, (3)
 Kidnapping: Unlawful; Confinement of a person; Against that that the person committed a crime AND an arrest warrant (states
person’s will; via either moving/ hiding of that person (if kidnapping occurs particularity of place searched/things seized and issued by neutral and
incident to another crime ex. robbery, then movement must be more than detached judicial officer showed by need of probable cause) to enter home.
necessary for commission of that crime). Must knock & announce when entering but doesn’t shield evidence found if
4) Perjury: willfully+ falsely promising to tell the truth about material matters didn’t knock. Unreasonable per se to enter home unless 1) consent (even if
that affect the outcome of a case. Can’t be prosecuted if admits before end of consent, only limited to that area such as living room, not kitchen) or 2)
proceeding that tit is false. exigent circumstances (belief of danger to officer or destruction of evidence.
5) Bribery: corrupt payment to influence an official in public duties. Modern: If danger removed, such as suspect dies, no longer exigent circumstances and
can be a felony, extend to non-public officials. cannot do protective sweep) Warrantless arrest only allowed if in in public
6) Possession of illegal substance: unlawful if D has control over substances, place or felony/ misdemeanor in arresting party’s presence.
regardless of knowledge that possessing object is illegal. - Warrant must be issued by neural & detached magistrate based on
E. Defenses: probable cause (1. Reliable known informant or 2. Unknown informant
Negation of Mens Rea that can be independently verified. If tip, needs to be based on sufficient
1) Reasonable mistake of Fact is a defense if it negates the reliability 3. Personal observation of police officer 4. Evidence seized
mental state required for specific intent crime, honest mistake (thought it was during stop based on reasonable suspicion, evidence discovered in plain
toy, not real gun). But never allowed for strict liability crime. Mistake of view or obtained during consensual searches) , supported by oath or
Law generally NOT a defense, unless 1. Reliance on official interpretation affidavit.
of law (not lawyer) OR 2. No notice reasonably available before crime. OR - With warrant: can search only places & persons named (not others
3. Honestly held mistake of law for material element for specific intent even if mere proximity. But if search for drug contraband, can also
crime. search individuals within immediate vicinity). Evidence of crime in
2) Factual impossibility: to complete the intended crime no plain view can be seized even if not specified in warrant.
defense to attempt. (ex. pickpockets empty pocket; shoot unloaded gun;  Seizure: Obj test: when innocent RP would have believed that he was not
impotent person attempts rape). Not a defense to conspiracy & solicitation. free to leave via physical force/ show of authority. If no reasonable basis at
Legal impossibility (intends to do sth illegal actually legal) is usually a time for search but later develops during discussion, can use it at trial. But if
defense. no basis even later, can’t use anything seized. Search is reasonable if pursuant
3) Insanity: Defense to all, including Strict L. D has burden of to valid warrant.
production. D must have a mental disease or defect, PLUS: M’Naghten – at  Warrantless search ONLY valid when ESCAPES: 1) exigent
time of conduct, D lacked ability to know wrongfulness of actions or circumstances + probable cause (hot pursuit for committing felony but not
nature/quality of actions;Irresis Imp – D lacks capacity for self-control & traffic offense or immediate danger to destruct evidence or safety of
free choice Durham Rule (but-for test) – D’s conduct product of mental officer), 2) search incident to lawful arrest (search of person/surrounding
illness; MPC – D lacked capacity to (i) appreciate criminality of conduct or areas including pocket/ containers, if “home”, protective sweep of that area
(ii) conform conduct to req’ts of law. (most, M’naghten &MPC ok even without probable cause or reasonable suspicion, other areas only
4) Intoxication (alcohol, drugs, meds) : Voluntairly ingested w/reasonable suspicion, 3) voluntary consent 4) automobile search (if PC
substance w/ knowledge it is intoxicating– only defense for specific intent if exists that evidence of crime will be in car, can search entire car
intoxication prevents formation of required infent. Involuntairly ingested +luggages), 5) plain view doctrine (can seize items if observed in plain
w/out knowledge, force, pursuant to med advice w/out awareness of view, in a place lawfully permitted to be PC exists items are evidence of a
intoxicating effect– Same test as insanity. def to all, incl SL crime w/reasonable articulable suspicion), 6) evidence obtained from
5) Infancy: < 7, no liab. < 14 – rebuttable presumption of no admin search and 6) stop & frisk (police can stop if reas susp of criminal
liab. act supported by articulable facts. Plain feel doctrine: during frisk, if
Self defense: complete defense. Defense of others: same as own police’s open hand feels weapon immediately obvious then can seize).
1) deadly force: justified if 1) D kills on a reasonable belief that C.Search: unreasonable when gov 1) invades a place protected by
2) he was an in imminent danger of being killed (or suffering great bodily a reasonable expectation of privacy OF D such as home or biz premises
 (but no expectation at another’s home, renting home short termharmless
for illegal
BRD (denial of right to counsel).
biz purpose, overnight guests at another’s home, except areas to whichOnly the judge resolves issues raised by pretrial motion to
guest permitted to enter, prisons ) or (2) physically intrudes upon
suppressa (mixed question of fact + law). On appeal, questions of law: de
constitutionally protected area (persons, houses, papers, or novo;
effects,
factual
cars) to
findings: clear error standard.
gather info. Pre-trial procedures:
 Allowed to search: (1) papers & effects (when smell comes from Indictment: grand jury decides whether there is probable
luggage), (2) if reasonable suspicion, can search car (since lesstoprivacy
charge crime (nnt unanimous). Can consider all evidence
than in home), (3) checkpoints even if reasonable suspicion
(evidence
if stopvia illegal search, hearsay etc). No Miranda, no counsel, no right
based on neutral standards for immigration laws, searchtoforintroduce
witness,evidence,
(4) no notice of status as possible defendant. Prosecutor
garbage once on street & abandoned property (5) publicmust areas,
disclose
open material favorable to D that would negate guilty or diminish
fields (6) person has no privacy in one’s physical characteristics
culpability,– can
grounds for reversal even if not-intentional (Brady rule), but no
demand handwriting, voice sample or DNA if probableduty cause,
to breath
present evidence to the jury, even if requested by grand jury.
samples (but blood sample requires warrant) (7) gov informants Guilty pleas: Confession & waiver of constitutional rights.
2. 5th amendment right to counsel during custodial Plea must be intelligent & voluntary (judge must tell D of nature & charges,
interrogation: Self-incrimination. Any natural person (not corp) has consequences including immigration, rights that D is waiving). Must at
privilege to not testify against himself (doesn’t apply to physical evidence least be factual basis that D is guilty. Must not be via threat/ duress. If later
or voluntarily prepared information: business papers or records) if thereclaims
is a plea was not intelligent & voluntary then prosecution can charge
reasonable possibility of incriminating D in future criminal proceedings.him for original crime + crimes dropped in return for guilty plea. D has
Eliminated by immunity or waiver (taking the stand and disclosing self-right to counsel.
incriminating info). Bail: generally allowed unless risk of flight or person seems
 Miranda rule: any incriminating statement obtained during danger to a community/ particular person. Pre trial release conditions also
custodial interrogation may not be used against him unless informed allowed : stay at home, wear bracelet, etc.
of Miranda rights. Custodial (RP believes not free to leave. No custody 6. Trial: Competent to stand if understand the nature of proceedings + ability to
merely by being at police station, crime scene, or prison) interrogations assist in his own defense.
(reas likely to induce incriminatory response, not volunteered  6th amendment: right to trial by jury for offenses of imprisonment greater
confessions. No compulsion for moral compulsion by someone other than 6 months (Fed: 12, state: 6. In both, must be unanimous) Jury must be
than police. Threat & trickery not allowed but deceit or fraud allowed: representative of community. Removal if challenges for cause (ex. in
lying about co-conspirator’s confession). Miranda rights: 1) right to questionnaire, says knows victim etc) & pre-emptory challenge (any reason
remain silent, (2) anything said can be used against suspect in court, (3) except race or sex)
right to talk to an attorney and have one present when they are  Right to counsel: available also in misdemeanor cases, only if sentence of
questioned, and (4) if cannot afford an attorney, one will be provided incarceration actually imposed.
(5) actually understands Miranda Rights. If stopped for a long duration,  DP right to speedy trial: 1. SOL from when the crime begins, unless
warnings must be given again. Right to counsel only invoked if continuing offense (ex. conspiracy measured from end of offense) and 2. No
affirmatively requested by D. pre-accusation delay. Factors for speedy trial: length of delay, reason for
 Police must stop interrogation if person affirmatively says delay, whether D asserted his right to a speedy trial, risk of prejudice to D. DP
doesn’t want to talk (silence insuff.) or affirmatively requests right for right to public trial (6th grants D right to public trial & 1st amendment grants
counsel. Interrogation w/out Miranda allowed only if 1) public safety public right to attend), unless subst. prejudice against D or national security at
at risk or 2) undercover police and suspect unaware of being questioned. issue that has to be kept secret from public.
Waiver must be knowing, voluntary, and intelligent. Police officers  DP right to confront witness against him & compulsory process to
never required to tell D that a lawyer is trying to contact him. If a force witness on his side to come to court (Crawford doctrine: if statement
violation occurs, statements are excluded from prosecutor’s case in is testimonial, 6th amendment bars introduction of that statement if declarant
chief. But “physical fruits” not excluded if the statements were made unavailable and D has no opportunity to cross-examine witness); Bruton
voluntarily. doctrine: if there are multiple D, D’s statements always admissible against
 Statements & physical evidence taken in violation of him even if he doesn’t take stand at trial. If makes damaging statement and
Miranda can be used to impeach credibility of criminal D IF he takes doesn’t testify, then only admissible against himself but not to others.
witness stand + gives testimony different from previous admissions if 7. Fair Trial: Judges: must be impartial. Prosecutor: (1) must disclose
voluntary. If INVOLUNTARY, cannot be used for impeachment exculpatory evidence (if is “reasonable probability” that disclosure would
purposes. have changed the outcome of the proceeding) in its possession both favorable
3. 6th amendment: Right to counsel, automatically attaches and material to the defense, or else D has right to new trial, and (2) cannot use
when formal proceedings begin (not when arrested): post-arrest intial false testimony (3) contact D outside presence of his counsel once 6th A
appearance before judicial officer, formal charge, preliminary hearing, attaches (4) can’t comment on D’s failure at to testify trial or make unfair
indictment, information or arraignment. Attaches only to specific offense comments to jury. However can comment on D’s failure to testify before 5 th A
at issue (therefore no 6th A right to counsel for other crimes for which attaches. If prosecutor violates duty, D may be granted right to new trial.
accused may be under investigation but unrelated to pending prosecution).  Ineffective counsel: D has burden to show 1) counsel’s rep fell below
No right to counsel during photo ID, and right to counsel for lineup only objective standard of reasonableness and 2) deficient performance prejudiced
after indictment. If no counsel at trial, reversal required. No right to counsel D, AND would have changed the result (doesn’t include mere inexperience,
at post-conviction proceedings. strategy, even failing to produce mitigating evidence or failure to raise
4. Exclusionary rule: Evidence obtained in violation of D’s 4th, constitutional issue; sleeping lawyer).
5th, or 6th Amendment rights is inadmissible at trial. Only D has standing to 8. Sentencing & Post-trial procedures:
object to violation of D’s rights (unless arrested in car, then other passengers 1) Cruel and unusual punishment: Court has freedom to sentence any
can also sue). Fruit of poisonous tree doctrine: All derivative evidence also length for any crime, but life sentence w/out parole for juveniles is
inadmissible (ex. can’t use address book found during unconstitutional unconstitutional. Death penalty can be imposed only if homicide victim
search to locate witness. Witness won’t be able to testify since “fruit” of dies by 2) mentally capable 3) adults. 8th A prohibits cruel and unusual
unconst. search punishment that is exceptionally degrading, and inhumane conditions. 8th
 However, exclusionary rule does not apply if (1) A only applies to ppl convicted of a crime. 
independent source for secondary evidence; (2) discovery of evidence 2) Double jeopardy: Prevents D from being prosecuted twice for the “same
was inevitable regardless of illegality; (3) intervening act of free will offense”. (Blockburger test: not the same offense if each crime requires
by D (ex. chain of causation between primary taint and evidence so proof of a fact which the other does not. Jeopardy Attaches → when a jury
attenuated. ; (4) violation of knock and announce if search was is impaneled and sworn or, if no jury, first witness is sworn. Does not apply
authorized by valid warrant. (5) police who acted in good faith but valid to separate sovereigns (therefore can be tried for same case in fed-state
warrant but later found to be invalid. BUT, voluntary confessions in court; state 1-state2). Exceptions: hung jury; mistrial or manifest
viol of Miranda admissible to impeach and evidence from illegal search necessity to retry case; retrial after successful appeal unless insufficient
can impeach D’s trial testimony. Even if TC wrongfully admitted evidence to support verdict; breach of agreed plea; termination at behest of
illegally seized evidence, can refuse to order new trial if error was D on grounds not constituting acquittal. Can be punished by criminal
 punishment + civil penalty for same conduct.
3) Enhanced Sentencing: Apprendi Doctrine: prohibits judge’s ability to
enhance criminal sentence of a D beyond what would otherwise of statutory
maximum. But sentence enhancement based on prior convictions don’t
have to be found by jury.
.