Charts Criminal Law

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HOMICIDE

MURDER MANSLAUGHTER
VOLUNTARY INVOLUNTARY
FIRST DEGREE MURDER SECOND DEGREE MURDER
MANSLAUGHTER MANSLAUGHTER

1. Defendant caused the death of 1. Defendant caused the death of 1. Defendant caused the death of 1. Defendant caused the death of
another human being with another human being with another human being with another human unintentionally
Defendants act must be the Defendants act must be the Defendants act must be the Defendants act must be the sole
sole or but for proximate sole or but for proximate sole or but for proximate cause or but for proximate cause of the
cause of the dead cause of the dead of the dead dead
The victim must be born and The victim must be born and The victim must be born and The victim must be born and alive
alive at the time of the act alive at the time of the act alive at the time of the act at the time of the act
2. Deliberation and Premeditation 2. Intent to do great or serious 2. Intent and adequate 2. Criminal Negligence requiring
Deliberation implies a cool bodily injury Provocation, requiring reckless disregard or gross
mind that is capable of can be inferred from the (i) Legally adequate provocation negligence
reflection. Premeditation is weapon used (i.e. shooting (sexual intercourse of the Conduct that under the
when a person with a cool person in leg to break his leg, spouse, attempted battery, circumstances involves a high
mind in fact reflects, at least but he dies is still murder). mutual combat, unlawful arrest degree of risk of death or serious
a short period of time, before OR. Willful and Wanton disregard with excessive force). injury.
the act of killing. of an unreasonable risk of (ii) In the heat of passion (inflame EXAMPLES: D with frequent
EXAMPLES: extremely harm (Depraved Heart) the passion of a reasonable seizures while driving suffers a
cruel means i.e., poison, Reckless conduct must person and to cause her to act seizure and kills; Parent fails to
torture, or lying in wait. involve a substantial degree from passion rather than seek medical treatment for child;
OR Intent to commit a Felony of risk to human life, reason; was person in fact intoxicated driver; owner of
A death occurs during the that a reasonable person provoked; and no cooling off overcrowded nightclub where fire
commission or attempted would have realized the risk. period), and occurs.
(iii) Causal connection between OR. Misdemeanor Manslaughter
commission of an inherently EXAMPLES: Destroying
dangerous felony (Mayhem, provocation, passion and the A killing occurs during the
property by explosion yet
Rape, Sodomy, Burglary, fatal act (So provocation commission or attempted
realizing a great risk someone
Arson, Kidnapping, Escape, heat of passion the act commission of an unlawful act.
might be killed; firing a pistol
which causes the death.
Robbery) which is the into a moving train, firing a EXAMPLES: Simple assault and
proximate cause of death. OR. Other forms Voluntary Mans.
gun into an inhabited house, battery. Anything evidencing a
Felon MUST be convicted Imperfect use of self-defense,
Russian roulette reckless disregard for human life
underlying felony to be defense of others, or right to short of depraved heart and not a
convicted of felony murder arrest; Defense of duress or dangerous felony.
necessity; Diminished mental
EX: If Felon, Co-Felon,
capacity; possibly assisted
Victim, or Police kills a third
party = Felony Murder. suicide.

OTHER CRIMES AGAINST PERSONS


ASSAULT BATTERY RAPE KIDNAPPING

At common law, there are two Intentional or negligent unlawful General Intent to commit 1. Intentional
types: application of force to the person of 1. unlawful (performed by a male 2. Unlawful (not unlawful is prevent
Attempted-Battery Type: another or to an extension of the who is not husband of victim) from going somewhere, so long as he
Where defendant takes person 2. Sexual Intercourse (simple is not required to stay)
substantial step toward General criminal intent req. penetration) 3. Nonconsensual (Consent is valid
commission of a battery (i.e. No battery where there is 3. Without consent (against where it is freely given, without
throwing a rock at another, consent or justification victims will so no consent if being under any physical or mental
intending to hit him but misses) No pain or bodily injury fraud, intoxication, mental, disability or subjected to coercion,
Fear of Harm Type: necessary, just the slightest threat of death or injury). threats, or fraud)
Defendant must (1) intend to touching will suffice. 4. Confinement (when a person is
cause apprehension in the (*MBE* Male to female) either required by force or threat of
Can be directly to body of victim
victim and that apprehension force to stay where he does not want,
or something closed to, carried
must exist, AND (2) victim Statutory Rape: Female is under the or go where he does not want to go).
by, or attached to the victim.
must be aware of the threat of age of consent, rape is committed 5. Asportation or Secrecy (victim is
harm. (mere words are not despite her consent. transported against her will or intent
enough without an overt act to to secretly confine the victim.
carry it out).
*MI* - reasonable apprehension of *MI* - Unlawful touching *MI* Criminal Sexual Conduct. Kidnapping for Ransom: more serious
an immediate battery. Other types Aggravated Battery: (i) battery Statutory Rape: degree, in which anything of value is
Aggravated Assault: Assault with a deadly weapon; (ii) First Degree CSC is sexual demanded. Even if victim is released
with a deadly weapon or assault battery resulting in serious penetration with a victim under 13 without payment, still ransom.
with intent to rape or maim. bodily injury; (iii) battery of a y/o and an actor more than 36
Felonious Assault: Assault with child, woman, or police officer. months older Child Abduction: Kidnapping of a child
a deadly weapon but intent is Mayhem: Dismemberment or Third Degree CSC is sexual by force, persuasion, or enticement.
less than to kill or commit great disablement of a body part penetration with: a victim 13 to (consent of child is immaterial).
bodily harm. (aggravated battery). 18 years old; defendant knows
victim is mentally incapacitated, Note: Victims of a crime, i.e. robbery
victim is related to the accused by and rape, is not kidnapping unless the
blood, or the victim is 16 to 18 confinement or movement increases the
years old and defendant is teacher. risk of harm to the victim.

CRIMES AGAINST PROPERTY


LARCENY ROBBERY EMBEZZLEMENT RECEIVING STOLEN GOODS
(Defendant has custody) (Defendant has lawful possession)

1. Trespassory Taking and 1. Larceny 1. Specific Intent 1. The Receiving of


Trespassory means it must 2. From a Person 2. By one in lawful possession to Physical possession or
be against a person in The question is whether the 3. Fraudulently convert control over the property (i.e.
possession and it must be goods are within the victims Seriously interfere with the directing the disposition of the
wrongful ability to reach, inspect, owners right to the property goods or acting as a broker in
Taking means defendant observe, or control. by using it for a long time, selling them)
must obtain possession (or 3. By Force or Intimidation of selling it, damaging it, or 2. Stolen Goods
exercise control). immediate harm. unreasonably withholding it. Property received must actually
2. Carrying away of If actual force, then the force 4. Tangible personal property of be stolen, despite what the
This can be satisfied by the must be more than the amount value of another. receiver believes.
slightest movement. necessary to effectuate the 3. the Knowledge that it was stolen
3. Tangible personal property of taking and carrying away. (i.e. test of knowledge is subjective
value a purse snatcher takes bag by Receiver has knowledge if: (i) he
4. from the Superior possessory surprise, w/o a fight then NO knows its stolen, (ii) believes
interest of another robbery. If there is a fight for them to be stolen, (iii) suspects
5. with Specific intent to deprive the bag, theres a robbery). their stolen and fails to investigate
him of it permanently. Intimidation sufficient for 4. with Intent to deprive the owner
robbery is the degree of force If received in order to destroy or
(Look to intent at the time of the by words, gestures, or actions sell, he has the necessary intent.
taking, not after it has been taken) which will create an
The intent must be at the time he
apprehension of danger so
receives the property.
that a person will party with
his property against his will.
(Stolen goods by larceny, robbery,
Force or Intimidation must be
embezzlement, false pretenses, and
for immediate harm (future burglary).
threats of harm is extortion or
blackmail).
**Merges with Robbery** Extortion: the use of threat of future
**Lesser-included offense of injury to a person or harm to
robbery** property to obtain or attempt to
obtain the property of another.

CRIMES AGAINST PROPERTY AND HABITATION


FALSE PRETENSES FORGERY BURGLARY ARSON
1. False Representations of a 1. Making or altering a 1. Breaking and 1. Malicious
Representation must be false Must be a material alteration Creating or enlarging an Intent to burn the dwelling, or
Can be by words, devices, or of an existing document, such opening by any amount of an act done under such
conduct, employed with that it affects a legal right. force, fraud, or threat circumstances that there is
intent to deceive. 2. False writing with 2. Entering obviously a plain and strong
2. Material Fact (Past or Present) Not merely false statements. Any part of the defendants likelihood of such a burning (i.e.
Mere expression of opinion The writing must represent body that crosses into the burn personal property and
or belief is not enough itself to be something that it is dwelling through the opening spreads to anothers home).
It must be about a present or not. achieved by the breaking. 2. Burning of the
past fact, NOT future (so 3. Intent to defraud. 3. the Dwelling of Another It must touch the structure itself.
predictions are not enough) A place where one sleeps The slightest ignition will suffice
3. with Reliance by the victim to A place of business will not be Does NOT need to be extensive
Test of reliance is subjective. a dwelling unless the owner nor destroy the building.
Therefore it is sufficient if sleeps there regularly or it is 3. Dwelling (or within the
the particular victim was in attached to a residence. curtilage)
fact deceived. No longer a dwelling if last the place of ones residence
4. Obtain title of personal property dweller permanently abandons there is no need for anyone to
of another with it, intending never to sleep present at the time of the burning
Victim must pass title to the there again. Curtilage is a space which is
property to the defendant. 4. in the Night Time enclosed or could be enclosed (i.e.
5. Intent to defraud Insufficient natural day light to grounds and buildings
Defendant knows the see burglar. surrounding the dwelling).
representation is false or 5. with the Intent to Commit a 4. of Another
makes representation Felony. Possession or occupancy, NOT
without knowledge as to its at time of B/E, defendant title, determines whose house a
truth or falsity. intends to commit a felony building is for purposes of arson.
(not a misdemeanor) that is
causally connected with B/E.
actual felony need not actually
occur.
*MI* Home Invasion: Burglary CL Malicious Mischief
minus the night time requirement (Misdemeanor): Malicious destruction
(therefore, can occur at any time). of, or damage to, the property of another.

INCHOATE CRIMES
ATTEMPT SOLICITATION CONSPIRACY (No merger)
An attempt is Solicitation occurs when the defendant, Conspiracy is
1. a substantial step in the direction of committing 1. with the intent that another person commit a 1. an agreement between two or more persons,
a crime, crime, must agree to accomplish same objective.
substantial test requires conduct that goes 2. entices, advices, incites, orders or otherwise 2. an intent to enter into an agreement,
beyond preparation to commit the crime. encourages that person to commit a crime. 3. an intent to achieve the objective of the
2. coupled with an intention to commit that crime, agreement, and
and If the solicitor would not be guilty of the crime if 4. *MI* an overt-act in furtherance of the
Only needs to intend to perform the act, it were accomplished, she cannot be convicted of conspiracy
and the acts are criminal is all the intent solicitation.
needed. Wharton Rule: There can be no conviction for
3. the apparent ability to complete the crime Merger conspiracy if the only parties to the agreement are
If the person solicited agrees to commit the those absolutely necessary to commit the
Defense of Impossibility: crime, then conspiracy has been formed and substantive offense.
Factual impossibility is NOT a defense the crime of solicitation merges into
Inherent impossibility is where defendant conspiracy. Acquittal of All but one: If all other co-
intends to commit a crime, but chooses The person who successfully solicited the conspirators are acquitted, then the one remaining
means obviously incapable of bringing commission of a crime would be guilty of the must be acquitted as a matter of law.
about the criminal act. VAILD defense substantive crime, but not solicitation.
Impossibility is NO DEFENSE to conspiracy.
Legal Impossibility is a VALID defense
If defendant has progressed to perpetration, Termination: a conspiracy continues until its
the crime of attempt is committed and objectives are fulfilled or until it is abandoned.
abandonment is NO defense. Criminal conspiracy usually ends when the
crime is successfully completed.
*Merger: If successful in attempt and commits
Abandonment is presumed if no party to the
the crime, there is no separate crime of attempt;
the attempt and the crime merge. conspiracy has don an over act in furtherance

Withdrawal: must do affirmative act to notify


all co-conspirators, before attempt stage has
been reached.
o No defense b/c conspiracy is at time of
the agreement but not guilty of
substantive crime

Crimes and Declarations of one conspirator


attributed to the others
PARTIES TO A CRIME

1. The perpetrator (Principal in the First Degree): the person who performs the criminal act with the
requisite intent, either personally or through an innocent agent. Two or more persons can be perpetrators of
the same crime. There MUST be a principal in the first, in every crime.
a. Principal in the Second Degree: One who is actually or constructively present at the scene of a
felony and aided and abetted its commission, or stood ready to aid or abet its commission, with the
intent that the crime be committed. (Punished to the same extent as a perpetrator).
2. Accessory Before the Fact: One who aids, counsels, or encourages the commission of a felony, but is not
present at the time of perpetration.
a. Requirements for Withdrawal: a party can withdraw as an accessory before the fact, but to avoid
liability for the substantive crime, she
i. communicate that withdrawal to the principal and
ii. attempt to thwart the commission of the substantive crime.
3. Accessory After the Fact: Common law, only applied to felonies
a. Requirements
i. A completed felony must have been committed,
ii. The accessory must have known of the commission of the felony, and
iii. The accessory must have given aid to the felon personally for the purpose of hindering the
felons apprehension, conviction, or punishment.
b. Examples: Concealing the felon, aiding her in making her escape, destroying or altering evidence,
or giving false information in order to divert the police away from felon. Merely failure to report a
felony or arrest a felon is not sufficient.
4. Compounding: This crime occurs when one receives some property or other consideration in return for
agreement not to prosecute or inform on one who has committed the crime.
a. Requirements
i. An agreement,
ii. Knowledge of the actual commission of the crime
iii. The receipt of some consideration.
JUSTIFICATION DEFENSES
DE
SELF-DEFENSE DEFENSE OF OTHERS DEFENSE OF DWELLING

Arises from necessity and exists One is justified in using reasonable An individual has greater latitude in Defender
only so long as and to the extent force in defense of another person defense of ones dwelling (home) force (if n
that the necessity exists. when he than in the defense of other property. to preven
1. honestly and reasonably believes carryin
Non-Deadly force is justified when that the other is in immediate Deadly force is permissible only proper
the defendant is threatened by an danger of unlawful bodily harm when: to preven
assailant whom she reasonably from his assailant, and (i) defender reasonably believes to her
believes is inflicting or about to 2. that use of force is necessary to that trespasser intends to commit a
inflict unlawful bodily harm. avoid this danger. felony or do harm to people on Deadly fo
premises,
Deadly Force: action that is either or
intended or likely to cause death. (ii) to prevent a burglary where the
Defendant must (i) reasonably burglar intends to kill or inflict
believe he is in danger of death or serious bodily harm on a person on
great bodily injury and that it is the premises.
necessary to use deadly force to
prevent it; and (ii) the danger must
be immediate.

No Self-Defense for: Aggressor or


one committing felony.

CRIME PREVENTION EFFECTUATE ARREST PUBLIC AUTHORITY

One who reasonably believes that a During lawful arrest, a police officer (i.e. killing of an enemy during war, Where de
crime is being committed or is or private citizen is justified in using execution of death sentence, are that the c
about to commence in his presence, reasonable force to defend herself innocent homicides). some har
may use reasonable force to against one who is resisting arrest. the harm
terminate or prevent the DOMESTIC AUTHORITY
commission of the crime. Force is justified under the rules of If a third
self-defense. avail him
Use of Deadly force is limited to A parent of a minor child is justified
the prevention of dangerous in using reasonable force to discipline
felonies and must appear to be the child. However, the force must be
reasonably necessary to prevent it. reasonable in light of the childs age,
sex, health, and particular conduct.
CAPACITY DEFENSES
INSANITY DIMINISHED CAPACITY INTOXICATION

MNaghten Test: It must be proved Evidenced that the defendant Voluntary: It is a defense where it *CL*, p
that, at the time of the commission of suffered from a mental disease or negates the existence of specific deemed
the act, the defendant was laboring defect is admissible whenever it is intent of the crime charged. for any o
under such a defect of reason, from relevant to prove that the defendant o May reduce first degree murder
the disease of the mind, as to not did or did not have a state of mind to second degree murder (no *MI* U
know the nature and quality of the which is an element of the offense. reduction to manslaughter) no crimi
act he was doing, or if he did know o *No defense if intent formed Can
it, that he did not know that what he (D.C. usually leads a defendant being before intoxication* juve
was doing was wrong. guilty of a lesser-included offense).
Involuntary: Is a complete defense to
Irresistible Impulse Test: One is not a crime if, as a result of the
guilty by reason of insanity if it is intoxication, the defendant does not
determined that the defendant had a know the nature and quality of his act
mental disease which kept her from or that it is wrong.
controlling her conduct.

Durham Rule: an accused is not


criminally responsible if his unlawful
act was the product of mental disease
or defect.

OTHER EXCULPATORY DEFENSES


DURESS MISTAKE OF FACT ENTRAPMENT
Not guilty if performed under
1. Threat of imminent infliction of Mistake of Fact is a defense when it Designed to prevent government Consen
death or great bodily harm, and negates the existence of a mental manufacture of crime. Requires: o batt
2. He reasonably believes death or state essential to the crime charged. 1. When defendant was not o forc
great bodily harm will be o No defense in strict liability predisposed to commit crimes as o kid
inflicted on him or member of or public welfare offenses. this and o thef
2. the officers created the intent to
immediate family if not
Mistake of Law is NO defense to commit the crime in his mind
performed.
general intent or strict liability
crimes. *MI* Objectively, were police so
*Not applicable to Homicide*
o It is a defense to Specific intent reprehensible under circumstances?

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