FUNDAMENTAL OBSERVATIONS
Actus Reus / Mens Rea
Accomplice Liability
Vicarious Liability
INCHOATE CRIMES
SAC
Solicitation
Attempt
Conspiracy
CRIMINAL HOMICIDE
1) a person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being
2) Criminal homicide is murder, manslaughter or negligent homicide
EXPRESS MALICE
Intent to kill - deadly weapon rule
IMPLIED MALICE
FELONY MALICE RULE
BARRK
Intent to commit GBI
BARRK
Burglary
Arson
Rape
Robbery
Kidnapping
Mayhem
HOMICIDE CHECKLIST
IRAC HOMICIDE
Causation
Actual
Proximate
MURDER CHECKLIST
a) Malice (key)
Murder in first degree
Murder in second degree
Justification
Excuse
Mitigation
Voluntary manslaughter
Involuntary manslaughter
HOMICIDE DEF
Killing of a human being by another human being
HUMAN BEING Common Law
Circulation independent of mother
HUMAN BEING Modern Law
Viable fetus in process of being born
CAUSATION
D's act must be the actual cause and proximate cause of the criminally proscribed act
1) Common Law: Requires cessation of heartbeat and respiration
2) Modern Law: Requires permanent cessation of brain activity
CAUSATION (CONT)
victim must die within ONE YEAR and a DAY (common day)
Look to result and D's intent
CAUSATION APPROACH
1) cause in fact: "BUT FOR" (if only perpetrator) / substantial factor (use substantial factor test if multiple perpetrators - otherwise, e.g., neither of teh two murderers, each inflicting mortal wounds, will be found guilty under "BUT FOR" test
2) DIREC
MURDER
Unlawful killing of a human being committed with malice aforethought
MALICE - MENS REA
1) Intent to kill OR
2) Intent to cause serious bodily harm OR
3) Wanton and reckless conduct "depraved heart" (most testable) or
4) Felony MURDER RULE
FELONY MURDER RULE
any homicide committed in the perpetration of an inherently dangerous felony (minority : felony committed in a dangerous manner)
BARRM / KSS
1. Burglary, arson, rape, robbery, mayhem, kidnapping, sodomy, sexual molestation
2. Attempted BARRM / KSS will suffice
3. Felony must be collateral to the homicide
4. Death must be causally related to the felony
5. Zone of perpetration: Res gestae (actio
BURGLARY - COMMON LAW
A trespassory breaking and entering into the dwelling house of another, in the nighttime,
with the specific intent to commit a felony therein
BURGLARY - MODERN
Entry into any structure, at any time, with the specific intent to commit any crime or
misdemeanor within.
Modernly, a burglary does not require that the structure be used for sleeping purposes.
Because of this, entering into a store[,] at any time, would
LARCENY
Larceny is the trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive, steal, or cause a substantial risk of loss to the owner.
EMBEZZLEMENT
Wrongful conversion of property rightfully possessed, with the specific intent to permanently deprive or steal.
RECEIVING STOLEN PROPERTY
Receiving control or possession over stolen property, knowing it to be stolen, with the specific intent to permanently deprive.
CONSPIRACY
Under criminal law a CONSPIRACY is an agreement between two or more people to commit an illegal act. and an overt step is taken toward the criminal goal. Conspiracy does riot merge into the criminal goal. A conspirator may be charged with all crimes by Co
WITHDRAWAL
Under criminal law EFFECTIVE WlTHDRAWALfrom a conspiracy requires the defendant to give notice to the other conspirators and then act to thwart the conspiracyfrom attaining its goal
KIDNAPPING
Under criminal law a KIDNAPPING is the unlawful taking or confining of a person against their will.
ACCOMPLISH LIABILITY Common Law
Actual Perpetrator
At-the-scene aider
Pre-crime aider
Post-crime aider
ACCOMPLISH LIABILITY MISD
All parties treated as principle
Post-crime aider not recognized
ACCOMPLISH LIABILITY fFELONY
Perpetrator: Principle in the first degree
At-the-scene aider: PRinciple in the second
Pre-crime aider: Accessory before the fact
Post-crime aider: Accessory after the fact
SOLICITATION
Solicitation is an act of counseling, inciting, or enticing committed with the intent to induce another to commit an illegal act
UTTERING
Uttering is the offering as genuine an instrument known to be false with the specific intent to deceive
FALSE PRETENSES
obtaining title to property of another by a false representation with the intent to permanently deprive the owner.
ACCOMPLICE LIABILITY
An accomplice is one who encourages, assists, aids, or abets in the commission of a crime.
DURESS
Duress is a defense holding that the defendant reasonably believed she was under the threat of imminent physical harm or death unless she committed the crime in question
PERPETRATION V. PREPARATION
An attempt requires a substantial step toward perpetration of the crime beyond mere preparation.
SPECIFIC INTENT
SAC - theft crimes
Actual intent or purpose to do the prohibited action of the particular crime, e.g., where the theft crime of larceny, there must be an actual intent to permanently deprive - a negligent or reckless permanent deprivation is not enough to
ATTEMPT - SLAP
Specific Intent
Legal (no attempt) v. factual impossibility (attempt)
Apparent Ability
Preparation v. perpetration
PINKERTON RULE
Under the Pinkerton Rule, coconspirators are guilty of the crimes that are a reasonably foreseeable consequence of the commission of the crime. Each member of a conspiracy is chargeable with all crimes in furtherance of or the natural and probably consequ