Criminal Law

Sources of Law

1. Common law;
2. Majority statutory law;
3. Model Penal Code.

Essential Elements of Crimes

1. Act;
2. Mental state (mens rea);
3. Causation;
4. Concurrence.

Specific Crimes (what crime(s)?)

1. Crimes against the person;
2. Crimes against property.

Liability for the Conduct of Others (what crime(s)?)

1. Accomplice liability.

Inchoate (what crime(s)?)

1. Solicitation;
2. Attempt;
3. Conspiracy.

Defenses (List)

1. Intoxication;
2. Insanity;
3. Infancy;
4. Self-defense;
5. Duress;
6. Entrapment.

Jurisdiction

A crime may be prosecuted in any state where:
1. The act that was part of the crime took place; OR
2. The result took place.

Burden of Proof

The prosecution must prove each and every element beyond a reasonable doubt.

Classification of Crimes

1. Felony: a crime that may be punishable by more than 1 year in prison.
2. Misdemeanor: a crime for which the maximum punishment may not exceed 1 year in prison.

The Act Requirement: What kids of Acts?

1. Physical acts;
2. Acts as omissions;
3. Possession as an act.

Physical Acts: Definition

An ACT is a voluntary bodily movement.

Involuntary movements that are NOT considered criminal acts

1. Not the product of the actor's volition;
2. Sleepwalking (other otherwise unconscious conduct);
3. A reflex or convulsion (seizure).

Act as Omissions: Generally

In some limited situations, a FAILURE to act can be the basis of criminal liability.

Acts as Omissions: 3 Requirements

MUST HAVE ALL 3
1. A DUTY to act, (created in 5 different ways);
2. You need KNOWLEDGE of the facts giving rise to the duty; and
3. You need ABILITY TO HELP.

5 Different Ways to Create Duty

1. By statute;
2. By contract;
3. By a status relationship (2 types):
A. Spouse-spouse;
B. Parent-child.
4. By voluntary assumption of care;
5. By creation of the peril.

Possession as an Act: Requirements

When a statute criminalizes the possession of contraband (drugs, stolen property, child pornography), "possession" means:
a. CONTROL for a period of time long enough to have an
b. OPPORTUNITY TO TERMINATE THE POSSESSION.

Constructive Possession: Definition

The contraband need not be in the defendant's actual possession, so long as it is close enough for him to exercise:
(1) DOMINION and
(2) CONTROL over it.

Common Law Mental States

1. Specific intent;
2. Malice;
3. General intent;
4. Strict liability.

Specific Intent: Definition

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result.

11 Specific Intent Crimes

Crimes Against the Person:
1. Assault;
2. First degree premeditated murder.
Crimes Against Property:
1. Larceny;
2. Embezzlement;
3. False Pretenses;
4. Robbery;
5. Forgery;
6. Burglary.
Inchoate Crimes:
1. Solicitation;
2. Attempt;
3. Conspiracy.

Specific Intent: Defenses

There are 2 defenses that are available ONLY for specific intent crimes. They are:
1. Intoxication; and
2. Unreasonable mistake of fact.

Malice: Definition

When a defendant acts
(1) INTENTIONALLY or
(2) with RECKLESS DISREGARD of an obvious or known risk.

Common Law Malice Crimes

1. Common law murder;
2. Arson.

General Intent: Definition

Defendant need only be GENERALLY AWARE of the factors constituting the crime; he need not intend a specific result.
-The jury can infer general intent simply from the doing of the act.

Examples of General Intent Crimes

All crimes against the person.
1. Battery;
2. Forcible rape;
3. Kidnapping;
4. False imprisonment.

Common Law Strict Liability: Definition

When the crime requires SIMPLY DOING THE ACT; no mental state is needed.

2 Types of Strict Liability Crimes

1. Public welfare offenses;
2. Statutory rape.

Public Welfare Offenses: Definition

Regulatory or morality offenses that typically carry small penalties. Examples:
1. Selling alcohol to a minor;
2. Selling contaminated food;
3. Corrupting the morals of a minor.

Model Penal Code Mental States (List)

1. Purposely;
2. Knowingly;
3. Recklessly;
4. Negligently;
5. Strict liability.

Purposely: Definition

When it is the defendant's CONSCIOUS DESIRE to accomplish a particular result. (It is what the defendant WANTS to do).

Knowingly: Definition

When the defendant is AWARE of what he is doing. With respect to a result, when the defendant is AWARE OF A SUBSTANTIAL LIKELIHOOD that his conduct will cause the result.

Recklessly: Definition

When the defendant is AWARE of a substantial and unjustifiable risk, and CONSCIOUSLY DISREGARDS that risk.

Negligently: Definition

When the defendant SHOULD HAVE BEEN AWARE of a substantial and unjustifiable risk.

Model Penal Code Strict Liability

The Model Penal Code permits strict liability ONLY when the crime is a "violation" that carries no possibility of jail time.
-Model Penal Code dislikes this.

Which mental states does Ohio use?

OHIO USES THE MODEL PENAL CODE MENTAL STATES

What causation do you need to constitute a crime?

You need BOTH actual and proximate causation.

Actual Causation: the Rule

A defendant is an actual cause (the "cause-in-fact") if the bad result would not have happened BUT-FOR the defendant's conduct.
- Even if lightning struck and killed the person, if you put them there, you are the cause-in-fact of the death.

Actual Causation: Exception

An "accelerating cause" IS an actual cause.
-Ex: you stab someone fatally, but someone comes along, shoots, and kills the person ? shooter is an actual cause of the death.

Proximate Causation: the Rule

A defendant is a proximate cause if the bad result is a NATURAL and PROBABLE consequence of the defendant's conduct.

Proximate Causation: Applications

1. Intervening cause;
2. Eggshell victims.

Intervening Cause

D WILL NOT be considered a proximate cause if an UNFORESEEABLE INTERVENING EVENT causes the bad result.
1. Medical malpractice is considered foreseeable.
2. Lightning is not considered foreseeable.

Eggshell Victims

D WILL be considered a proximate cause even if the victim's PREEXISTING WEAKNESS contributed to the bad result.

Concurrence: the Rule

The defendant MUST HAVE the REQUISITE MENTAL STATE at the SAME TIME as he engages in the act.

Concurrence: Application

Concurrence issues arise most frequently with 2 crimes:
1. Burglary;
2. Larceny.

Common Law Battery

1. The unlawful;
2. Application of force to another;
3. Resulting in either:
(A) Bodily injury; or
(B) An offensive touching.
4. Mental state: General intent.

Common Law Assault

1. Version 1: Attempted Battery
(A) Swing and a miss.
2. Version 2:
(A) The intentional creation;
(B) Other than by mere words;
(C) Of a reasonable fear in the mind of the victim;
(D) Of imminent bodily harm (a fake punch).
3. Mental state: specific inten

Modern Statutory Approaches Aggravated Assault and Battery

Many states provide that an assault and/or battery will be more serious if:
1. A weapon is used;
2. The victim is a child; OR
3. The intent is to commit a rape or robbery.

Ohio Statutory Approach to Battery

All batteries are classified as assaults.

Ohio Statutory Approach to Assault

4 Categories of Assault:
1. Simple assault: this is a misdemeanor defined as
(A) RECKLESSLY causing serious physical injury to another; OR
(B) KNOWINGLY causing, or attempting to cause, physical harm to another.
2. Felonious assault: simple assault by mea

The Year-and-a-Day Rule: Common Law

Death must occur within a year-and-a-day of the homicidal act. (Largely done away with).

The Year-and-a-Day Rule: MPC/Majority Rule

Death may occur at ANY TIME.

Common Law Murder: Definition

Also called "common law murder" or simply "murder"
1. Causing the death;
2. Of another person;
3. W/ malice aforethought.

Common Law Murder: Mental State

The requirement of "malice aforethought" is satisfied if the defendant has any of the following 4 mental states:
1. *Intent to kill;
2. Intent to inflict serious bodily harm;
3. Extreme recklessness, meaning:
(A) Reckless disregard to human life; or
(B) H

Intent to Kill" Murder: Special Rules

1. Deadly Weapon Rule;
2. Transferred Intent;
3. Ohio Statutory Variation.

Intent to Kill" Murder: Deadly Weapon Rule

The intentional use of a deadly weapon creates and inference of an intent to kill.

Intent to Kill" Murder: Transferred Intent

Tf a defendant intends to harm one victim, but accidentally harms a different victim instead, the defendant's intent will transfer from the intended victim to the actual victim.
-Exception: transferred intent DOES NOT APPLY to ATTEMPTS, only to crimes w/

Intent to Kill" Murder: Ohio Statutory Variation

Ohio and most states.
Modified their homicide statutes to create 2 degrees of murder:
1. First degree murder;
2. Second degree murder.

First degree murder: Definition

Any killing committed w/
1. Premeditation (D thought about it ahead of time), and
2. Deliberation (D was cool, calm, and collected).
3. In OHIO, this type of murder is called AGGRAVATED MURDER.

Second degree murder: Definition

In OHIO, all other killings committed purposely are second-degree murder.

Common Law Felony Murder: Definition

-Definition: any killing caused during the commission of or attempt to commit a felony.
-All jurisdictions limit this doctrine.

Limitations on Common Law Felony Murder

1. D must be GUILTY of underlying felony;
(A) If you have a defense for the underlying felony, you have a defense to felony murder.
2. The felony must be INHERENTLY DANGEROUS.
(A) OHIO limits felony murder to certain felonies (BRAKERT)
a. Burglary; Robber

Felony Murder: Vicarious Liability

If one of the co-felons causes the death, all the other co-felons will be guilty of felony murder.
- Applies even if the actual killing was committed by a third person (bystander, police officer), so long as one of the felons is a "proximate cause" of the

Classification of Felony Murder in Ohio

1. If the death occurs during the course of an enumerated felony, the defendant will be guilty of first-degree murder (MBE); EXCEPT
2. If there was no intent to use force or violence in perpetrating the crime, the defendant is guilty of the lesser crime o

Voluntary Manslaughter: Definition

HEAT OF PASSION
1. An intentional killing;
2. Committed in the heat of passion;
3. After adequate provocation.

Adequate Provocation Requirements

Must satisfy 4 requirements:
1. The provocation must be OBJECTIVELY ADEQUATE, which means it would arouse an INTENSE PASSION in the mind of a REASONABLE PERSON.
(A) Most common examples of objectively adequate provocation:
- A serious assault or battery;

Voluntary Manslaughter: Ohio

Voluntary manslaughter follows the principles detailed for common law BUT ALSO requires that the defendant ACT KNOWINGLY in causing the death of the victim.

Involuntary Manslaughter: Definition

2 Types
1. A killing committed w/ CRIMINAL NEGLIGENCE; or
2. A killing committed during the commission of a misdemeanor or a felony that does not qualify for felony murder (misdemeanor manslaughter).

Involuntary Manslaughter: Ohio

1. Involuntary manslaughter included ONLY a killing committed during the commission of a misdemeanor or a felony that does not qualify for felony murder (MISDEMEANOR MANSLAUGHTER);
2. An individual who WHILE DRIVING NEGLIGENTLY causes the death of another

MPC: Murder

ALWAYS first degree) ? 2 mental state categories:
1. Killing committed:
(A) Purposely or knowingly; or
(B) W/ extreme recklessness
- Extreme recklessness is presumed where a killing occurs in the course of a burglary, robbery, arson, kidnapping, escape, o

MPC: Manslaughter

2 mental state categories:
Killing committed:
(A) Recklessly; or
(B) Committed purposely or knowingly under the influence of extreme emotional disturbance (EED).
- Like common law voluntary manslaughter.

MPC: Criminally Negligent Homicide

1 mental state:
Killing committed:
(A) Negligently, meaning the defendant SHOULD HAVE BEEN aware of a substantial and unjustifiable risk of death.

Confinement Offenses

1. False imprisonment;
2. Kidnapping
3. Aggravated kidnapping.

Sex Offenses

1. Forcible rape;
2. Statutory rape.

False Imprisonment: Definition

Elements:
1. The unlawful;
2. Confinement of a person;
3. W/o his consent.
-Mental state: general intent crime.
-OHIO: this crime is called "unlawful restraint".

Kidnapping: Definition

Elements:
1. False imprisonment;
(A) The unlawful;
(B) Confinement of a person;
(C) W/o his consent.
2. That involves either MOVING the victim or CONCEALING the victim in a secret place.
Mental state: general intent crime.

Aggravated Kidnapping: Definition

Many states have created a more serious statutory offense, which usually requires one of the following aggravating factors:
1. The purpose is to collect RANSOM;
2. The purpose is to commit RAPE or ROBBERY, or
3. The victim is s CHILD.

Forcible Rape: Definition

Elements:
1. Sexual intercourse;
2. W/o the victim's consent;
3. Accomplished:
(A) By force, or
(B) By threat of force; or
(C) When the victim is unconscious.
Mental state: general intent crime.

Statutory Rape: Definition

Elements:
1. Sexual intercourse;
2. W/ someone under the age of consent.
Mental state: strict liability.
? Consent of the victim is not a defense, nor is the defendant's claim that he or she made a mistake as to the age of the victim.

Statutory Rape: MPC/Minority Approach

Requires a mental state of negligence for statutory rape; therefore, a defendant's reasonable mistake as to the age of the victim is a valid defense.

Statutory Rape: Ohio

1. An individual who has sex w/ someone under the age of 13 commits a crime of rape, a first-degree felony, and state of mind is irrelevant.
2. An individual who has sex w/ someone between the ages of 13 and 15, and acts knowingly or recklessly w/ respect

Common Law Theft Crimes (List)

1. Larceny;
2. Embezzlement;
3. False pretenses;
4. Larceny by trick;
5. Robbery;
6. Forgery

Common Law Larceny: Definition

1. TRESPASSORY
2. TAKING and
3. CARRYING AWAY the
4. TANGIBLE
5. PERSONAL PROPERTY
6. Of ANOTHER, with the
7. INTENT to
8. PERMANENTLY retain the property.

Common Law Larceny: "Trespassory

Wrongful or unlawful.

Common Law Larceny: "Taking or Carrying Away

Property must be MOVED.

Common Law Larceny: "The Tangible Personal Property of Another

Key question: did someone else have lawful custody at the time of the taking?
1. If D has lawful custody of the property, he CANNOT be guilty of larceny for taking it (even if D doesn't own it).
2. Conversely, D CAN be guilty of larceny for taking his own

Common Law Larceny: "With the Intent to Permanently Retain the Property

If D intends to give property back, the taking is larceny.

Larceny: The Erroneous Takings Rule

A taking under a claim of right is never larceny, even if the defendant erroneously believes the property is his.

Larceny: Continuing Trespass

If a defendant wrongfully takes property, but w/o the intent to steal, he will not be guilty of larceny. BUT, if the defendant LATER forms the intent to steal, the initial trespassory taking is considered to have "CONTINUED" and he will be guilty of larce

Embezzlement: Definition

Conversion of the personal property of another by a person already in LAWFUL POSSESSION of the property, w/ the intent to defraud.
1. White-collar crime.
2. Must have authority, so generally higher up management.
3. Ex: a bank president wrongfully writing

Embezzlement: Mental State

Specific intent to defraud.
-Note: if the defendant intends to give the exact property back in the exact form, he will not have the intent to defraud.

Embezzlement: Key difference from larceny

D must already have LAWFUL POSSESSION of the property before a taking can be considered embezzlement.

Possession v. Custody

Possession involves more than mere custody. It requires the authority to EXERCISE SOME DISCRETION over the property.

False Pretenses: Definition

Obtaining TITLE to the personal property of another by an INTENTIONAL FALSE STATEMENT, w/ the intent to defraud.

False Pretenses: Key difference from larceny

In larceny, the defendant gets only custody of the property; in false pretenses, the defendant gets TITLE (OWNERSHIP).

False Pretenses: "False Statement

Must be of a PRESENT or PAST EVENT.
- Not a future promise.

Larceny by Trick: Definition

If the defendant obtains only CUSTODY (not title) as a result of the INTENTIONAL FALSE STATEMENT.

Robbery: Definition

Elements:
1. A larceny
2. From another's person or presence
3. By force or threat of immediate injury.
4. OHIO: possession of a weapon is sufficient: the D need not use or display it.
Mental State: specific intent to permanently deprive the property.

Robbery: "Presence

Some location reasonably close to the victim (ex: rooms in a house other than the room in which the victim is located).

Robbery: "Force

Any amount of force SUFFICIENT TO OVERCOME RESISTANCE is sufficient.
-Snatching a chain off a victim's neck; snatching a handbag off a woman's extended arm (NOT picking a man's pocket).

Robbery: Threats

Need IMMEDIATE injury ("your money or your life")

Robbery: Under modern statutory law

An individual who obtains the property of another through oral or written THREATS OF FUTURE HARM does not commit robbery; he commits the crime of EXTORTION, which is also called BLACKMAIL.
1. "Give me your money, or I'll breach your legs tomorrow" or
2.

Forgery: Definition

Elements:
1. Making or altering a writing
2. So that it is false
Mental state: w/ specific intent to defraud.

Modern Statutory Approaches to Theft Crimes

1. Consolidation (OHIO): the MPC and most states, including OHIO, have consolidated the common law property crimes of larceny, embezzlement, false pretenses, or larceny by trick into a single offense typically known as THEFT.
2. Grading: under these statu

Common Law Burglary

1. Breaking;
2. And entering;
3. The dwelling;
4. Of another;
5. At night;
6. W/ the intent to commit a felony inside.

Common Law Burglary: "Entry

Some part of the defendant's body must enter the building (ANY PART).

Common Law Burglary: "Dwelling

A structure where someone regularly sleeps.

Common Law Burglary: "Of Another

You can't burglarize your own house.

Common Law Burglary: "Intent to Commit a Felony Inside

Specific intent to commit some sort of felony inside the house.
-Steal, rob, rape, assault, kill, etc.

Burglary: Modern Statutory Changes

Many states have eliminated the technical requirements of common law burglary (especially "breaking," "at night," and "dwelling").

Burglary: Ohio

Defines burglary as:
1. Trespassing in an occupied structure by force, stealth, or deception;
2. W/ the purpose to commit a criminal offense inside;
3. If DEADLY FORCE is attempted, threatened, or used, the crime is aggravated.

Arson: Common Law

1. Definition: the malicious burning of a building.
2. State of mind: malice.
3. "Burning":
(A) Requires MATERIAL WASTING; and
(B) It must be the building itself that burns.
- Not the carpet, for
- If scorch walls/carpet ? not arson.

Arson: Statutory Developments

1. "Dwelling": traditionally, arson was limited to "dwellings", but most states now extend arson to all buildings.
2. "Of Another": traditionally, a defendant could not commit arson on his own property; most states have eliminated that restriction.

Accomplice Liability: Generally

Ask: what is the role of the person?
-DEFINITIONS
1. The Person Who Commits the Crime: is called the principal.
2. The Person Who Helps: is called the accomplice who
(A) Act: aids or encourages the principal,
(B) Mental state: w/ the intent that the crime

Accomplice Liability: Ohio

Accomplices commit the crime of COMPLICITY.

Scope of Accomplice Liability: The Rule

The accomplice is guilty of:
1. All crimes that he aided and encouraged (just as if he did it), and
2. All other FORESEEABLE crimes committed along w/ the aided crime.

Scope of Accomplice Liability: Persons who are not Accomplices

1. MERE PRESENCE at the scene of the crime does not make someone an accomplice; he or she must actively aid or encourage the principal.
2. MERE KNOWLEDGE of the crime does not make someone an accomplice; he MUST INTEND to aid or encourage the principal.
3

Scope of Accomplice Liability: Withdrawal

What happens when an accomplice changes his mind? It depends on what the accomplice did.
1. Encourager: an accomplice who only "encouraged" the principal may w/draw simply by DISCOURAGING the crime (before it is committed).
2. Aider: an accomplice who act

Accessory After the Fact: Common Law Approach

To commit the separate common law offense of being an "accessory after the fact," a defendant must:
1. HELP a principal who has committed a felony;
2. With the KNOWLEDGE that the crime has been committed; and
3. With the INTENT to help the principal avoid

Accessory After the Fact: Ohio Statutory Approach

Accessories after the fact commit the crime of OBSTRUCTION OF JUSTICE.

Solicitation: Definition

1. Asking someone to commit a crime, w/ the intent that the crime be committed.
2. Mental state: specific intent crime.
3. Completion unnecessary: the crime is the ASKING.
-Note: it does not matter whether the person agrees or whether the crime is actuall

Conspiracy: Definition

1. An AGREEMENT between 2 ore more people to commit a crime, plus an OVER ACT in furtherance of the crime.
2. "Overt act": ANY act, even if merely preparatory.
(A) Traditionally, the common law did not require an over act, but the majority of states now d

Can you have a one-person conspiracy?

1. Common law: NO. There must be at least 2 guilty minds both of who actually agree to accomplish the conspiracy's objectives.
(A) Related common law rule: if all other parties to the agreement are acquitted, the last remaining defendant cannot be convict

Wharton Rule: Definition

CONSPIRACY
When 2 or more people are necessary for the commission of the substantive offense, there is no conspiracy unless more parties participate in the agreement than are necessary for the crime.
- Ex: if the substantive crime requires 2 people, 3 or

Vicarious ("Pinkerton") Liability

CONSPIRACY
In addition to conspiracy, a D will be liable for OTHER crimes committed by his co-conspirators, so long as those crimes:
1. Were in FURTHERANCE of the conspiracy's objective; and
2. Were FORESEEABLE.

Conspiracy: Impossibility

Impossibility is NEVER a defense to a charge of conspiracy.

Attempt- Act: General Requirement

Attempt requires an overt act beyond mere preparation. (Unlike conspiracy)

Attempt- Act: the Common Law Test

Strict. Conduct that gets VERY CLOSE to the commission of the crime (sometimes called the "dangerous proximity test").

Attempt- Act: MPC/Majority Test

Generous. Conduct that constitutes a SUBSTANTIAL STEP towards the commission of the crime, provided that conduct corroborates the actor's criminal purpose.

Attempt- Mental State: The Rule

Attempt requires the SPECIFIC INTENT to commit the UNDERLYING CRIME.

Attempt- Mental State: Unintentional Crimes

-You cannot attempt unintentional crimes, since you cannot intent to do something unintentionally.
-Practically speaking, this means that there are NO ATTEMPT VERSIONS of:
1. Recklessness crimes; or
2. Negligence crimes; or
3. Felony murder.

Attempt- Mental State: Factual Impossibility --> Definition

The claim that it was impossible to complete the crime b/c of some PHYSICAL or FACTUAL CONDITION unknown to the defendant.

Attempt- Mental State: Factual Impossibility --> The Rule

Actual impossibility is NOT a defense to attempt.

Attempt- Mental State: Legal Impossibility --> Definition

The claim that it was impossible to complete the crime b/c of some LEGAL CIRCUMSTANCE or STATUS that prevents the underlying crime from taking place.
- Unless fact pattern turns on a legal circumstance ? factual impossibility.

Attempt- Mental State: Legal Impossibility --> The Rule

Legal impossibility IS a defense to attempt.

Attempt- Mental State: Legal Impossibility --> Ohio

Legal impossibility IS NOT a defense to attempt.

Inchoate Defenses

1. Withdrawal,
2. Renunciation,
3. Abandonment.

What happens when a solicitor, co-conspirator, or attempted changes his mind? (Generally)

1. W/drawal is NOT a defense at common law.
2. HOWEVER, once a D w/draws from a CONSPIRACY he will no longer be vicariously liable for crimes committed by his co-conspirator AFTER he left the conspiracy; D is still guilty of conspiracy and of all foreseea

What happens when a solicitor, co-conspirator, or attempted changes his mind? (Ohio)

Abandonment IS a defense to attempt, provided it is complete and voluntary.

Merger rules for inchoate offenses. (Generally)

1. Solicitation and attempt merge w/ the completed crime.
2. Conspiracy DOES NOT merge.

Merger rules for inchoate offenses. (Ohio)

A person CANNOT be convicted of both conspiracy to commit an offense and the offense itself.

Capacity Defenses

1. Insanity;
2. Intoxiction;
3. Infancy.

Insanity: Generally

1. Must have a MENTAL DISEASE DEFECT.
2. There are 3 principal tests used to gauge whether the mental disease or defect renders the D legally insane: (1) M'Naughten Test; Irresistible Impulse Test; MPC Test.

M'Naughten Test

Majority test - followed in OHIO ? purely cognitive: if the D either
1. Did not know that his act was wrong, or
2. Did not understand the nature of his act.

Irresistible Impulse Test

Volitional test sometimes combined w/ M'Naughten: if the D either
1. Was unable to control his actions, or
2. Was unable to conform his conduct to the law.

MPC Insanity Test

Used in roughly 25% of the states - cognitive AND volitional: If the D lacked the substantial capacity to either
1. Appreciate the criminality of his conduct; or
2. Conform his conduct to the requirements of law.

Insanity distinguished from incompetency

1. Insanity: the issue is whether D was insane at the time of the crime. If yet ? D is not guilty.
2. Incompetency: the issue is whether D is insane at the time of trial. If yet ? postpone the trial until D is competent.

Involuntary Intoxication

1. Can be a defense to any crime.
2. Treated like a mental illness, so apply insanity tests. (Did the D know what he was doing or, if so, that was he was doing was so wrong?)
3. Key: intoxication must be completely involuntary.

Voluntary Intoxication

1. CAN be a defense to SPECIFIC INTENT crimes only.
2. CANNOT, therefore be a defense to malice, general intent, or strict liability crimes.
3. The defense of intoxication requires such severe "prostration of the faculties" that the D cannot for the requi

Infancy: Common Law

Rule of Sevens:
1. If, at the time of the crime, the age is UNDER 7: Prosecution is not allowed;
2. If, at the time of the crime, the age is UNDER 14: Rebuttable presumption against Prosecution.
3. If, at the time of the crime, the age is 14 or OLDER: Pro

Infancy: Modern Approach

1. Most states have abolished the presumptions of the "rule of seven" in whole or in part.
2. States have set up separate juvenile or family courts to enforce juvenile delinquency laws and to manage youthful offending in general.

Common Law Mistake of Fact: the Rule

The Rule: whether a D's mistake of fact will be a defense depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable. So if the mental state is-
1. Specific intent: then ANY mistake (even an unreasonable one) will be

Common Law Mistake of Law: the Rule

The Rule: mistake of law is generally NOT a defense.
-EXCEPTIONS: if the statute specifically makes knowledge of the law an element of the crime (ex: selling phony Rolex watches knowing it is unlawful to do so).

Self-defense: Deadly v. Nondeadly force (examples)

1. Deadly: guns and knives.
2. Nondeadly: shoves and punches.

The Rule for Use of Nondeadly Force

A D may use nondeadly force in self-defense if it is:
1. Reasonably necessary;
2. To protect against an immediate use;
3. Of unlawful force against himself.

The Rule for Use of Deadly Force

A D may use deadly force in self-defense, if he is facing an imminent threat of death or serious bodily injury.

What are the 2 complications for use of deadly force?

1. The initial aggressor rule;
2. The retreat rule.

The Initial Aggressor Rule

A D may not use deadly force if he is the initial aggressor (i.e. the person who started the fight). But, the initial aggressor can "regain" his right to use deadly self-defense if:
1. He w/draws from the fight and communicates that w/drawal to the other

The Retreat Rule

The Retreat Rule: in some states, a D is required to retreate before using deadly force in self-defense.
1. Majority rule: retreat is NOT required.
2. MPC/OHIO/Minority Rule: retreat is REQUIRED, unless
(A) D cannot retreat in complete safety, or
(B) D is

What happens if D is mistaken about the need to use self-defense?

1. Reasonable mistake: valid self-defense claim (OK)
2. Unreasonable mistake:
(A) Common law rule: no self-defense.
(B) Minority/MPC Rule: mitigate liability.
- "Imperfect Self-Defense": an intentional (MPC: purposeful or knowing) killing, based on an unr

Self-defense: Use of Force to Prevent a Crime

1. Nondeadly force may be used if necessary to prevent a crime.
2. Deadly force may only be used to prevent a felony risking human life.

Self-defense: Defense of Others

A D may use force and deadly force to protect others just the same as he could use it to defend himself.

Self-defense: Defense of Property

1. General Rule: deadly force may NOT be used to defend property.
2. Burglary Rule: deadly force may be used to prevent a burglary, if the D is inside his own home.

Duress: the Rule

The Rule: it is a defense if the D was forced to commit a crime b/c of a
1. Threat;
2. From another person;
3. Of imminent death or serious bodily harm;
4. To himself or a close family member.

Duress: Exceptions

Duress CANNOT be a defense to homicide (can't take the life of an innocent third party).

Entrapment

If the government unfairly tempted the D to commit the crime, he may claim entrapment. This is a VERY NARROW defense. Works only if:
1. The criminal design originated w/ the government; AND
2. The D was not predisposed to commit the crime.

Uttering

1. Offering as genuine;
2. A forged instrument;
3. Mental State: w/ intent to defraud.

Malicious Mischief

1. Destroying or damaging someone else's property;
2. W/ malice.