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A person who actually commits a physical act that has been made illegal by law
with the accompanying state of mind may be charged with and convicted of a crime.
(If either the act or intent is lacking the defendant may not be guilty of that crime.)
Any person who is an accomplice to that person also may be charged with and
convicted of the crime.
The law will list the physical acts and mental state(s) required for crime.
Crimes include not only actual criminal acts, but also certain preparatory crimes
(“inchoate offenses”)
Quick Reference:
Categories of Mens Rea: Specific Intent, Malice, General Intent, Model Penal
Code
IV. HOMICIDE
A. Homicide | Common Law Murder
1. Common Law Murder | Elements
a. Unlawful;
b. Killing of another human being;
c. With malice aforethought; and
1) Malice means
a) Intent to kill;
b) Intent to do serious bodily harm;
c) Reckless indifference to unjustifiably high risk to human life
(depraved heart murder); or
d) Felony murder
d. Without justification or provocation.
2. Common Law Murder | Defenses:
a. Justification (self-defense); and
b. Provocations (reduces crime to voluntary manslaughter)
3. Common Law Murder | Felony Murder Rule:
a. The killing must be foreseeable
b. Deaths caused while fleeing from a felony are felony murder
1) But deaths that arise after defendant has found some point of
temporary safety are not.
c. Majority rule—defendant is not liable for felony murder for the death
of a co-felon as a result of resistance by the victim or the police.
4. Felony Murder Rule | Defenses:
a. If defendant has a substantive defense to the underlying felony, he
usually has a defense to felony murder
1) “Procedural” Defenses (e.g., SOL) generally no defense
b.
B. Homicide | Manslaughter
1. Two Kind—Voluntary and Involuntary
2. Voluntary manslaughter
a. Elements:
1) Adequate provocation;
2) Gave rise to heat of passion; and
3) No adequate cooling-off period
b. Failed self-defense claim is voluntary manslaughter
IV. Homicide
3. Involuntary manslaughter
a. Types:
1) Killing resulting from criminal negligence; or
2) Misdemeanor manslaughter
C. Homicide | Causation
1. General rule—defendant is liable for all natural and probable
consequences of his conduct unless the chain of causation is broken by the
intervention of some superseding factor
a. Superseding factors:
1) Acts of nature;
2) Coincidence; or
3) Negligent medical care not a superseding factor unless gross
negligence or intentional malpractice
b. Two commonly encountered rules:
1) Hastening an inevitable result; and
2) Simultaneous acts by two or more parties
c. Add a causation analysis to any homicide question that presents the
issue.
2. TEST: Two Pronged: Actual (But For) Causation + Legal
Causation
a. Actual Causation: but for the accused’s actions, would criminal result
have occurred when it did?
1) Multiple actors
a) more than one person may be actual cause of same criminal
result
2) Multiple Mortal Wounds
a) Simultaneous: actual cause prong met by each actor if more
than one independently inflict instantly fatal wounds on same
victim at same time.
b) Successive—mixed law w/r actual cause prong met where
successive mortal wounds or wounds hastening death inflicted
by independent actors.
b. Legal Causation: strict test than tort law
1) Tests-various names; focus on reasonable foreseeability and
intervening or supervening cause that “break the causal chain”
2) MPC—was result “too remote or accidental”?
3) Year and A Day Rule—common law rule cutting off culpability after
a year and a day largely rejected now
V. PROPERTY CRIMES
A. Larceny
1. Larceny | Elements
a. Taking
b. And carrying away;
c. Of tangible personal property;
d. Of another w/ possession;
e. By trespass;
f. W/ intent to permanently deprive that person of their interest in the
property
B. Embezzlement
1. Embezzlement | Elements
a. The fraudulent;
b. Conversion;
c. Of personal property;
d. Of another;
e. By a person in lawful possession of that property.
C. False Pretenses
1. False Pretenses | Elements
a. Obtaining title;
1) If title is not obtained, the crime is larceny by trick.
b. To personal property of another;
c. By an intentional false statement of a past or existing fact;
d. With intent to defraud the other.
D.Robbery
1. Robbery | Elements
a. A taking;
b. Of personal property of another;
c. From the other’s person or presence;
d. By force or threats of immediate death or physical injury to the victim,
a member of their family, or some person in the victim’s presence;
e. W/ the intent to permanently deprive him of it.
E. Theft
1. Theft | Elements
2. MPC consolidation of Larceny, Embezzlement, False Pretenses
V. Property Crimes
F. Burglary
1. Burglary | Elements
a. A breaking;
b. And entry;
c. Of a dwelling;
d. Of another;
e. At nighttime;
f. With the intent to commit a felony in the structure
G.Arson
1. Burglary | Elements
a. The malicious;
b. Burning;
c. Of the Dwelling;
d. Of another.
H. Possession
VII. DEFENSES/JUSTIFICATION
A. Insanity
1. M’Naghten Test
a. Disease of the mind cause a defect or reason so defendant lacked the
ability at time of his actions to know wrongfulness or understand
nature and quality for actions.
2. Irresistible Impulse test
a. Unable to control actions or conform conduct to law
3. Durham Test
a. Crime was product of mental disease or defect
4. M.P.C. Test
a. Combination of M’Naghten and irresistible impulse tests.
B. Intoxication
1. Voluntary intoxication is a defense if it negates “specific intent”
2. Involuntary intoxication is a defense
C. Self-Defense
1. Nondeadly Force (NDF)
a. A person may use NDF in self-defense if they reasonably believe force
is about to be used on them. (CASE)
1) No duty to retreat (CASE)
2. Deadly Force (DF)
a. A person may use DF if she is:
1) W/o fault;
2) Confronted by unlawful force; and
3) Reasonably believes that she is threatened with imminent death or
great bodily harm
b. Duty to retreat before using DF
1) Majority rule—no duty to retreat
2) Minority rule—duty to retreat, except:
a) When it cannot be done safely, and
b) In one’s home.
1. Must be in the home. (CASE)
c. DF is self-defense may be used by original aggressor only if he tries to
w/draw (e.g., run for door) and communicates that w/drawl to the
original V, or if sudden escalation of violence by original V
d. Use of DF to arrest