CMR

APPROACH
CLASSIFICATION OF CRIMES
CHART

No Was the crime committed prior Yes

to or in preparation for a more
serious offense?

Property Was the crime committed Person

against property or against a
person? solicitation attempt conspiracy

Was the crime

Habitation against the Personal Property Yes No
Did a death result?
habitation or
against personal
property?

burglary arson larceny embezzlement false robbery murder manslaughter felony battery assault false kidnapping rape
pretenses murder imprisonment
(see homicide crimes chart)
CRIMINAL LAW CHARTS 1.
2. CRIMINAL LAW CHARTS
CMR
SUMMARY
DEFENSES NEGATING CRIMINAL CAPACITY
CHART
Defense Elements
Insanity Meet applicable insanity test
(M’Naghten, irresistible
impulse, Durham, or M.P.C.)
Intoxication
– Voluntary Voluntary, intentional taking
of a substance known to be
intoxicating
– Involuntary Taking intoxicating substance
without knowledge of its
nature, under duress, or
pursuant to medical advice
Infancy Defendant under age 14 at
common law ; under modern
statutes, defendant under age
13 or 14
Diminished Capacity As a result of mental defect
(some states) short of insanity, defendant did limit it to specific intent
not have the required mental
state to commit the crime
Applicable Crimes
Defense to all crimes
Defense to specific intent
crime if intoxication prevents
formation of required intent
Treated as mental illness (i.e.,
apply appropriate insanity
test); may be a defense to all
crimes
Common law: Under age
seven, absolute defense to all
crimes; under 14, rebuttable
presumption of defense.
Modern statutes: Defense to
adult crimes but may still be
delinquent
Most states with this defense
crimes

CMR
SUMMARY
JUSTIFICATION DEFENSES
CHART
Defense Amount of Force Allowed
Nondeadly Force
Self-Defense If person reasonably believes
force is necessary to protect self believes that he is threatened
Defense of Others If person reasonably believes
force is necessary to protect
other person
Defense of Dwelling If person reasonably believes
force is necessary to prevent
or end unlawful entry
Defense of Other Property If person reasonably believes Never
force is necessary to defend
property in his possession (but
if request to desist would
suffice, force not allowed)
Crime Prevention If person reasonably believes
force is necessary to prevent
felony or serious breach of
peace
Effectuate Arrest
– Police If officer reasonably believes
force is necessary to arrest
– Private Person If crime in fact committed and
reasonable belief that this
person committed it
Resisting Arrest If improper arrest
Necessity If reasonably necessary to
avoid greater harm
CRIMINAL LAW CHARTS 3.
Deadly Force
Only if person reasonably
with death or great bodily harm
Only if person reasonably
believes that other is threatened
with death or great bodily harm
Only if person inside reasonably
believes he is threatened or to
prevent felony inside
Only to extent person
reasonably believes deadly
force is necessary to prevent
or end felony risking human life
Only to prevent escape of
felon, and police officer
reasonably believes that the
suspect threatens death or
great bodily harm
Only to prevent escape of
person who actually
committed felony, and person
reasonably believes that the
suspect threatens death or
great bodily harm
Only if improper arrest and
defendant does not know
arrester is a police officer
Never
4. CRIMINAL LAW CHARTS

CMR
APPROACH HOMICIDE CRIMES
CHART

Did defendant’s No No homicide

acts cause the liability
victim’s death?

Yes

Did defendant
have the intent
Did the killing to kill or inflict
Was the crime a occur during the
dangerous Yes No great bodily
commission of harm, or
felony? a crime? recklessly
disregard great
risk to human
life?

Yes No Yes No

Apply felony Apply Did defendant Did defendant

murder rules misdemeanor act in response act with
manslaughter to adequate criminal
rules provocation? negligence?

Yes No Yes No

Voluntary Involuntary No homicide

manslaughter Murder manslaughter liability

Note: This chart will lead you to the prima facie homicide that defendant committed. You must then
decide whether any defenses apply.