I. Jurisdiction
A. Where-State gets if legal situs of crime
1. legal situs; either the conduct or result happened there
2. crimes of omission
a. where act should have occurred.
B. what-merger of crimes
1. in general no merger of crimes
2. but solicitation and attempt merge into substantive offense.
a. Best defense to these crimes is that “I did it”.
b. NO merger if different victims
3. conspiracy DOES NOT merge with substantive offense
II. elements of crime
A. ACT- any bodily movement that qualifies for criminal liability
1. exception- if act w/o own volition
a. someone else pushes you into 3rd party
b. Reflexive convulsive act
c. Seizure
d. Act while unconscious or asleep (sleepwalking)
B. or
C. Omission
1. when legal duty to act
a. by statute (file tax returns etc)
b. by contract (lifeguard, nurse)
c. relationship between parties (parent/child etc.)
d. voluntary assuming duty of care and fail to do it adequately
e. your conduct created the peril.
D. Mental State
1. specific intent
a. crimes need it for
1) inchoat offenses
2) 1st degree murder
3) Assault
4) Larceny
5) Embesselment
6) False pretences
7) Robbery
8) Burglary
9) Forgery
b. these qualify for additional defenses
1) mistake of fact and
2) voluntary intoxication
2. malice
a. murder and (common law murder, = murder in 2nd degree)
b. arson
3. general intent
a. all else not in others
b. transferred intent OK
1) mean to kill A, kill B,
2) charged with attempt to kill A, killing B.
c. battery
4. strict liability
a. NO INTENT NEEDED
b. Formula
c. Strictly liable if
1) Administrative, regulatory, morality
2)
3) NO adverbs (knowlingly, willfully, intentionally)
E. Accomplice liability
1. acomplicies liable for crime itself and all other foreseeable crimes
2. not accomplice merely because
a. present or don’t call police,
b. NEED act
F. Defenses
1. insanity (4 tests)
a. m’naughtin rule
1) at time of conduct D lacked ability to know wrongfulness of his actions or understand nature and quality of his actions
b. irresistible impulse
1) d lacked capacity for self control and free choice
c.
1) d’s conduct product of mental illness
d. model penal code
1) d lacked ability to conform his conduct to requirements of law
2. intoxication
a. voluntary (ONLY available for specific intent)
1) addicts, alcoholics
b. involuntary
1) someone physically forced you to take drink (held down, slipped something into punch etc.)
2) defense available for all (including strict liability)
3. infancy
a. usually wrong answer
b. under 7 no criminal liability
c. under 14 rebuttable presumption of no criminal liability
4. self defense by victim
a. use of deadly force
1) result in death
2) majority rule
a) OK anytime D reasonably believes deadly force is about to be used on them
3) Minority rule/retreat jurisdictions
a) Victim need to retreat if can
b) If not then ok if reasonably believes deadly force is about to be used on them
c) Exceptions
(i) No need retreat if at home
(ii) No need retreat if rape/robbery
(iii) No need to retreat if are police
b. use of NON deadly force
1) a victim may use non-deadly force if reasonably believes that force is about to be used on them
a) original aggressor pretty much never gets (must withdraw and communicate to victim)
5. defense of dwelling
a. when defending just dwelling NOT OK to use deadly force (spring gun)
b. OK if fits under another exception like self defense/protecting family etc.
6. defense of duress
a. ok to all except homicide
7. mistake of fact
a. varies depending on mental state required of crime
b. defense only when negates intention
c. mistake must be reasonable if malice or general
d. Never for strict liability
| Mental state of crime | Application of mistake of fact defense |
| Specific intent | ANY mistake counts |
| General intent/malice | Reasonable mistakes only |
| Strict liablity | Never |
e. Still have to prove mistake
f. And must be material
8. consent
a. of victim almost never defense in
9. entrapment
a. very narrow defense
b. exception;
1) predisposition of D to commit crime negates entrapement
III. common law crimes
A. inchoat offenses
1. ASK solicitation
a. Asking someone to comit crime
b. Ends when you ask them
2. AGREE consipiracy
a. When they agree to do crime with you
b. NEED
1) Agreement
a) Not have to be express
b) Various people can be in together even though don’t know each other
2) Intent to agree
a) Impossibility is not defense
b) Withdrawl is only defense to subsequent crimes of co-conspirators)
3) Intent to pursue unlawful objective
c. Co-consiprators liable for each others crimes when
1) Committed in furtherance of conspiracy and
2) foreseeable
3.
a. NEED
1) Specific intent
2) Substantial step in direction of commission of crime
a) Beyond mere preparation
b) But any act even little that fits
B.
C. battery-
1. completed assault
2. offensive touching
3. general intent
D. assault
1. as attempted battery (not completed)- specific intent
2. as a threat- general intent
E. homicide
1. victim must be human
2. murder (alone) means common law murder or 2nd degree murder
a. at common law no degrees of murder so just his one
b. Malice intent
c. Kinds
1) Intent to kill
2) Intent to do serious harm
3) Depraived heart or highly reckless murder
a) Substantial likely hood of death
4) Felony murder
a) Kill while committing felony
b) Defenses
(i) Defense to underlying felony
(ii) Redline view
(1) Not liable for death of co-felon as result of resistance by victim or police
(iii) Deaths not foreseeable
(iv) Done fleeing from felony (time.safety)
(v) v
F. Manslaughter
1. voluntary- must have passion, provoking event
2. involuntary
a. killings from criminal negligence
1) DWI, sleeping while driving etc.
b. misdemeanor manslaughter
1) while committing misdemeanor or unenumerated felony (st. doesn’t say)
G. statutory modification on murder
1. first degree (needs specific intent)
2. will be labeled first degree murder
H. sex offenses
1. rape
a. slightest penetration completes crime
b. stautory rape is strict liability and no intent needed (mistake/consent =no defense)
I. crimes against nature
1. common law property
a. larceny
1) requires specific intent
2) needs
a) unlawful/wrongful
b) taking (w/o consent)
c) carrying away (slightest ok)
d) intent to deprive owner permanently of interest in property @ time of taking
3) NOT
a) Borrowing or
b) Taking in belief it was yours or some right
4) Get possession only no title
b. Embezzlement
1) Has lawful possession followed by illegal conversion
2) Possession only not title
3) No need to have carrying away
4) No need to have embezzler benefit
5) Usually trustee/guardian etc.
c. false pretenses or false representation
1) D persuades owner to convey title by false pretenses
2) Can be as to present or past fact
3) (false promise to do something in future doesn’t count)
4) Get title and possession
2. robbery
a. larceny and
b. assault
c. need
1) taking (carrying away person’s property w/o consent and intent)
2) from person or his presence
a) broad (tying farmer in barn and taking stuff from house)
3) with violence (or threat of violence)
a) threat of imminent harm Ok
b) threat can be to friend or spouse OK
c) even small amount of violence counts
(i) but pickpocketing doesn’t count
3. extortion
a. blackmail
b. same as robbery but
1) don’t need personal presence
2) need future threats
J. offenses against habitation
1. burglary
a. need
1) breaking and
a) actual-
(i) physical, counts if outside door wide open, but then pushed interior door open
b) constructive
(i) by fraud, threats
2) entering
a) when put body over threshold
3) into dwelling house of another
4) at night
5) with intent to commit felony inside @ time of breaking and entering
2. arson
a. malicious burning of dwelling house of another
1) malicious
2) burning (not water damage, not explosion, not smoke damage)
3) dwelling house
a) not business, not storage etc.
4) of another
a) not own place
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