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Actus Reus
-Need criminal act to have a crime -Must be a (1) voluntary, (2) affirmative (3) act (4) causing a criminally proscribed result  "Act" can mean an omission or failure to act under circumstances imposing a legal duty to act -Bad thought alone is not enough
Voluntary Act
-Criminal act must be (1) physical and (2) voluntary - Actions during unconsciousness, sleep or hypnosis are not voluntary -Reflexive or convulsive acts, and conduct not the product of the actor's determination are not voluntary (E.g. A pushes B into bystander; bystander injured; B not liable) -Epileptic who knows possibility for seizure and drives anyway can be criminally responsible for causing an accident
A legal duty to act and the failure to do so results in criminal liability in FIVE instances: [DICCS]
(1)  Detrimental undertaking (leave victim in worse position following help) (2)  Imposed by statute (e.g. file tax return) (3)  Contract (lifeguard) (4)  Causation (failing to aid after causing victim's peril) (5)  Special relationship (parent-child) ∆ must have KNOWLEDGE of facts giving rise to the duty and FAIL to act. -It must be REASONABLY POSSIBLE for ∆ to perform duty -Mere bystander has no duty to act
Mens Rea
-Requirement of a guilty mind or legally proscribed mental stte ∆ must possess to commit crime -Crime = criminal act + mens rea -Strict liability crimes ≠ mens rea requirement
Specific Intent Crimes [FIAT] 
(1) First-degree murder (2) Inchoate offenses (attempt, solicitation, conspiracy) (3) Assault with intent to commit a battery (4) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery) *Whenever a fact pattern defines the crime as requiring "the intent to…," the crime is a specific intent crime.
Malice Crimes
-Reckless disregard of a high risk of harm -Common law murder and arson require malice -No intent requirement -Only require a criminal act without excuse, justification or mitigation -Can be inferred from accomplishment of act
General intent crimes [BARK Fool!]
-Only require the intent to perform an act that is unlawful -MPC: acts done knowingly, recklessly or negligently -Battery, arson, rape, kidnapping and false imprisonment
When a ∆ acts w/ intention to to harm A and that act results in harm to B, is ∆ liable for harm caused to B? [BAH!]
Yes. Transferred Intent/ Unintended victim rule -Usually confined to battery, arson, homicide  -Self-defense excuse can transfer to unintended victim
MPC: Purposeful Level of Culpability
-When a defendant's conscious objective is to (1) engage in the conduct or (2) to cause a certain result
MPC: Knowingly or willfully (level of culpability)
-Requires that the defendant be aware that his conduct is of the nature required by the crime or that circumstances required by the crime exist. -Defendant must be aware or know that the result is practically certain to occur based on his/her conduct.
MPC: Recklessly (level of culpability)
-Defendant must act with a conscious disregard of a substantial or unjustified risk that a material element of a crime exists or will result from his/her conduct -Risk must constitute a gross deviation from the standard of conduct of a law-abiding person (mere realization of the risk is not enough)
MPC- Negligently (level of culpability)
-Defendant should be aware of a substantial and unjustifiable risk that a material element of a crime exists or will result from his/her conduct. -Risk must constitute a gross deviation from the standard of care of a reasonable person in the same situation. -Violation of a statute or ordinance may be evidence of liability
MPC: Mens rea not stated (level of culpability)
-If defendant acted purposely, knowingly or recklessly, mens rea satisfied -If mens rea for each element of crime not stated, mens rea for one element applies to all elements (unless noted to the contrary in the statute)
Strict liability crimes [Sex w/ minor-BRB]
-No mens rea required: statutory rape, Bigamy, Regulatory offenses, selling Booze to kids -Public Welfare Offense: no mens rea required; must seriously threaten the public's health or safety or is inherently dangerous (e.g. booze to minors). -If punishment for crime is severe (e.g. felony) the court may look for an intent requirement and not treat offense as strict liability crime
Mistake of Fact as Defense: Common Law and MPC Approach
(1) must be an honest mistake (2) never a defense to a strict liability crime (4) always a defense to a specific intent crime, even if mistake was unreasonable. Mistake must be reasonable for gen intent crime.   -MPC approach: A mistake of fact that negates the required state of mind for a material element of a crime is a defense.
-Mistake or ignorance of the law generally is NOT a valid defense, EXCEPT: [Rodney C Dangerfield Mopes Pitifully Now Irrelevant]
(1) Reliance on a court decision/admin order/official interp. of the law determined to be in error after conduct occurs; (2) When a statute defining a malum prohibitum (regulatory infraction) crime was not reasonably made available prior to conduct; OR (3) When an honestly held mistake of law negates the required intent   ***Incorrect or bad legal advice from a lawyer ≠ mistake of law!!   
Constitutional limits on criminal jurisdiction (state and fed)
-State authority derived from 10th amendment -Fed authority to create crimes is limitless; no fed common law; -Neither fed nor states may criminalize conduct ex post facto or impose punishment without trial -5th and 14th amendments prohibit both fed and state from imposing crim liability without giving clear warnings as to the conduct prohibited
Federal territory: crim Fat Old Cat Takes Nap As Soon as Possible]
-Congress has the power to criminalize conduct occurring over (1) federally owned or controlled territory (national parks; Washington DC), (2) United States nationals abroad, and (3) conduct on ships or airplanes
State territory: crim: A state has the authority to prosecute a person when:
(1) a crime committed within the state;  (2) an element of the crime is committed within the state.  (3) conduct OUTSIDE the state constitutes an attempt to commit a crime INSIDE the state; (4) conduct OUTSIDE the state constitutes a conspiracy to commit an offense INSIDE the state (overt act in furtherance occurs in the state); (5) Conduct INSIDE the state to commit inchoate crime in another jurisdiction when the other jurisdiction recognized the crime; and (6) failure to perform OUTSIDE the state a duty imposed by the state.
Principal (MBE)
-Person whose acts or omissions are the actus reus of the crime (perpetrator of the crime) -Actually or constructively present at the scene of the crime -Can have co-principals if two people are directly responsible for the actus reus of a crime
Accomplice liability [IC Carol Acquire a Birthday Present]
-An ABF, P2 or accomplice is a person who (1) intends that the crime be committed, (2) aids or abets P1 prior to or during the commission of the crime and (3) is present at the commission of the offense. -Presence may be actual or constructive (e.g. getaway driver) -Responsible for P1's crime and liable for other crimes if natural and probable consequences of the accomplice's conduct -Can be liable even if impossible to be a P1 (e.g. woman restrains rape victim) -May be convicted if P1 is not tried
Withdrawal- accomplice [Rich People Assault Citizens Playing At BU]
-To legally withdraw (and therefore avoid liability for the substantive crime), the accomplice MUST (1) Repudiate prior aid; (2) do all that is possible to countermand prior assistance, AND (3) do so before the chain of events is in motion and unstoppable.   -Mere change of heart, flight from crime scene, arrest by police or an uncommunicated decision to withdraw is not enough -Notification to legal authorities must be timely and directed toward preventing others from committing the crime. 
Persons not accomplices
-Member of the class protected by a statute  -When the crime requires another party, the other party is not, simply be engaging in the criminal act, guilty of the crime as an accomplice. -E.g. (buying drugs)
Accessory after the fact
-Aids or assists a felon in avoiding apprehension or conviction after commission of the felony. Must (1) know that a felony was committed, (2) act specifically to aid or assist the felon, and (3) give aid or assistance (4) for the purpose of helping the felon avoid apprehension or conviction.
-Commits separate crime from P1, P2 or ABF: usually obstruction of justice or harboring a fugitive -Mere failure to report crime isn't usually enough; giving false info to cops to prevent apprehension of the felon usually is -A person who receives valuable consideration for agreeing not to prosecute a crime may be guilty of compounding a crime
-common law misdemeanor that amounts to failure to report or prosecute a known felon -Defendant must have (1) had full knowledge that the principal committed and completed the felony alleged, (2) failed to notify the authorities, AND (3) taken an affirmative step to conceal the crime
-mental abnormalities that may impact legal responsibility. -Four tests: (1) M'Naghten test, (2) Irresistible Impulse test; (3) Durham rule, and (4) MPC test Defendant is presumed sane and has the burden of raising the issue of insanity; once raised, prosecution has burden to show defendant was not insane 
M'Naghten Test
-Right from wrong test -Defendant is not guilty if, becaue of a defect of reason due to a mental disease, the defendant did not know EITHER (1) the nature and quality of the act; OR (2) the wrongfulness of the act. -Believing acts to be morally right does not exculpate under this test
Irresistible impulse test
-Defendant is not guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.
Durham Rule
-The "but-for" test -Defendant is not guilty if the unlawful act was the product of the defendant's mental disease or defect, and would not have been committed but for the disease or defect.
MPC Insanity Test
-Defendant is not guilty if, at the time of the conduct, he did not have substantial capacity to appreciate the wrongfulness of the act, or to conform the conduct to the law.
Voluntary Intoxication as Defense
The intentional taking of a substance known to be intoxicating; actual intoxication need not be intended.  
Defense to specific intent crimes -NOT a defense when the intent was formed before intoxication, or the defendant became intoxicated for the purpose of establishing the defense of VI.   -NOT a defense to crimes involving malice, recklessness, or negligence, or for strict liability crimes.
Involuntary intoxication
-A defense when the intoxication serves to negate an element of the crime, including general as well as specific intent and malice crimes.   -Taken: (1) Without knowledge of the intoxicating nature of the substance, including substance taken pursuant to medical advice; OR (2) Under duress.  
-Excessive drinking/drug use may bring on actual insanity, and involuntary intoxication can give rise to an insanity defense if the requirements for that defense are met.
Homicide (MBE)
-Unlawful killing of a living human being -Includes both manslaughter and murder -Four types of murder: (1) intent to kill; (2) intent to do serious bodily injury; (3) depraved heart murder; (4) felony murder -Two types of manslaughter: (1) voluntary; (2) involuntary -In order for homicide to occur, a living person must die
Liability for Homicide: Substantial Factor
Actual causation can be found when there are multiple causes (i.e. other persons also stabbed the guy) and the defendant's act was a substantial factor in causing the death (e.g. he took part in the group stabbing)
Liability for Homicide: Independent cause
A defendant's act will not be deemed to be the cause when a victim is killed by an independent cause before the defendant's act can kill the victim.
Liability for Homicide: Mercy Killing
-Providing a person with the means by which that person can commit suicide generally does not make the provider guilty of murder as an accomplice. ***Consent is NOT a defense to homicide! Euthanasia can be a criminal homicide, even if the person was willing to die 
Liability for Murder: Proximate Cause *Frequently tested in the context of felony murder
-Death must have been foreseeablenatural and probable result of the conduct). -Actions by a 3rd party (med mal) or the victim (suicide to escape the pain caused by injuries inflicted by ∆) are foreseeable.  
Murder (MBE)
(1) Unlawful (i.e. without legal excuse); (2) Killing; (3) Of a human being; (4) Committed with malice aforethought.  

T or F? An inference of intent to kill may be made if an intentional use of a deadly weapon was used in the commission of the crime.

Depraved heart murder
A killing that results from reckless action by a defendant that manifests an extreme indifference to human life is a depraved heart murder.   E.g.: A stands on top of a highway overpass and drops a bowling ball into oncoming traffic
Felony Murder [BARRK]
-Unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony -BARRK: Burglary, Arson, Rape, Robbery, Kidnapping -To convict, prosecution must establish underlying felony and that defendant did it -no "attempted" felony murder if unintended victim doesn't die -Co-felons vicariously liable for death if it was foreseeable consequence of felony -Not liable for killing co-felon
Felony Murder: Liablility for Death of Bystander (Agency Theory vs. Proximate Cause)
-3rd party is killed by a police officer or due to resistance by the victim of the felony -Agency theory: death of a bystander does not fall w/in the rule b/c neither is an agent of the perp. -Proximate cause theory: bystander's death is a direct consequence of the felony (majority position and should be applied on the MBE unless the question specifically states that agency theory applies)
First-Degree Murder (MBE)
-Deliberate and premeditated murder (may include felony murder). -MUST violate a STATUTE -Distinguishing element: premeditation (except for felony murder)  -Specific intent crime.
Second-Degree Murder (MBE)
-Homicide committed with (1) intent to kill, (2) intent to do great bodily harm, or (3) a depraved heart. -A murder that occurs during the commission of a felony other than the felonies that trigger 1st degree murder may be treated as 2nd degree murder. -Malice crime
Voluntary Manslaughter
∆ must be provoked by a situation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason. -Serious battery, threat of deadly force, discovery of adultery = sufficient provocation; words alone not enough -If there was sufficient "cooling off" time murder is not mitigated. -Second provocation: heat of passion defense may apply again IF causal connection between provocation, passion and murder. 
Voluntary Manslaughter: Imperfect Defense
If ∆ started the altercation unreasonably but truly believed in the necessity of using deadly force. -Intentional killing while resisting arrest = murder, but intentional killing when arrest is unlawful = "heat of passion" and voluntary manslaughter
Voluntary Manslaughter: Transferred Provocation
-When, due to a reasonable mistake of fact, the defendant is in error in identifying her provoker or accidentally kills the wrong person, she will be guilty of voluntary manslaughter if that would have been her crime if she had killed the provoker. -If the defendant, in her passion, intentionally kills another person known to her to be an innocent bystander, there will be no mitigation and murder, rather than voluntary manslaughter, will apply.
Involuntary Manslaughter: Criminal Negligence
-Criminal negligence is reckless action (or inaction when there is a duty to act) that puts another person at a significant risk of injury or death. -Requires more than ordinary negligence for tort liability and something less than extremely negligent conduct required for depraved heart murder. -E.g. failure of a parent to provide medical care to a sick minor child.
Involuntary Manslaughter: Unlawful Act
-Can occur in one of two ways: (1) Killing committed in the commission of a malum in se (wrong in itself) misdemeanor (typically assault and battery); OR (2) Killing committed in the commission of a felony that is not statutorily treated as 1st degree felony murder or 2nd degree murder -A homicide resulting from a wrong that is malum prohibitum (e.g. smuggling, failure to obtain a license) will only constitute involuntary manslaughter if the unlawful act was willful or constituted criminal negligence. -There must be causal connection between the unlawful act and the death for involuntary manslaughter to apply.
[TTCPAPD] Larceny is the: i)    Trespassory; ii)   Taking and; iii)   Carrying away; iv)  Of the Personal property; v)   Of Another; vi)  With the intent to Permanently Deprive that person of the property (i.e., intent to steal).
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