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Criminal
Law
Fall 1999
Professor Leroy D. Clark
Abridged Outline by
Christopher S. Lee
Defining
Criminal Conduct
Actus Reus – Overt Criminal Act
External Conduct
Failure to Act
Majority & MPC – Failure to act is NOT a crime.
Minority – Requires Reasonable Actions.
Omission – No Duty to Rescue with Following Exceptions:
Statute – Tax Returns
Contract – Lifeguard or Nurse
Relationship between Parties – Spouse, Children
Voluntary Assumption of Care – Failure to Perform as Promised
Conduct creates Peril – Pushing person into pool
Mens Rea
CL
Specific Intent
Malice – Murder, Arson
General Intent – Catchall
Strict Liability
MPC
Specific Intent
Purposefully
Knowingly
Not Specific Intent
Reckless
Negligent
Mistake of Fact – Depends on MR
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MR of Crime
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Application of Defense
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Specific Intent
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Any Mistake
(Reasonable or Unreasonable)
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Malice & General Intent
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Reasonable Mistakes ONLY
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Strict Liability
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Never a Defense
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Mistake of Law
Never a Defense.
MR, but no AR.
CL Rule Against Ignorance
Homicide
CL – Murder Elements
Actus Reus – Affirmative Act or Omission
Corpus delecti – Death of a human being.
Mens rea – Malice aforethought
An intent to kill; or
An intent to commit grievous bodily injury; or
Reckless indifference; depraved heart; or
Felony murder.
Proximate cause – causal relationship between AR & death.
MPC – Criminal Homicide –
Purposefully, knowingly, recklessly or negligently causes death of another
human being.
MPC – Murder – 1st
Degree Felony
1. Committed
purposefully; or
2. Committed
recklessly with indifference to
human life
MPC – Manslaughter – 2nd
Degree Felony
1. Committed
Recklessly; or
2. Committed
under extreme mental or emotional disturbance
3. MPC
– Negligent Homicide – 3rd Degree Felony – Committed Negligently
Provocation
CL Limitations to Provocation Defense
Subjected to Serious Assault
Engaged in Mutual Combat without intention to kill.
CL permitted Provocation defense if found wife committing
adultery.
MPC
No access to acquittal.
Objective factors permitted – age, gender, size.
Lapse in time not permitted.
Reduces Murder to Manslaughter
Felony-Murder
CL
Causal Relationship
Natural and Probable Consequences
Proximate Cause
Accomplice Liability
In Furtherance of Felony
Natural and Probable Consequences
Accidental or Intentional
In the Commission of a Felony
Felony Independent of Killing
MPC
Rebuttable Presumption of Recklessness (jury decides)
Strict Liability if Rebuttal fails.
Significance
of Resulting Harm
Causation
CL Prosecution must prove
Causation in Fact
Proximate Cause
Transferred Intent
CL – If D had intent to injure, and 3rd person
injured, MR transferred from Victim to 3rd person
MPC – NO TRANSFERRED INTENT. P must prove negligence to 3rd party & MR
to Victim.
Attempt - An attempt to commit a crime is an endeavor to
accomplish it, carried beyond mere preparation, but falling short of
execution of the ultimate design, in any part of it.
CL – D had no defense of Factual or Legal impossibility.
MPC
No defense of factual impossibility.
Requires P to prove D had taken a “substantial step”
Possession of instrumentalities & plan for use is a
substantial step towards crime.
ex) Vaden fox hunting case.
Solicitation
Asking another to commit a
crime.
Solicitation ends with agreement
to perform crime.
Solicitation’s end leads to
Conspiracy’s beginning.
Impossibility
When criminal law doesn’t prohibit conduct engaged in.
AR must exist independently of MR.
Group
Criminality
Accomplices - Liable for crime itself, and all other foreseeable
crimes.
CL – Finds no culpability for accomplice where P has not shown AR
where action has now effect of outcome.
Accomplice can’t be convicted of more serious crime than
principal EXCEPT for homicide.
If principal hasn’t committed crime, accomplice can’t be
convicted.
MPC
Act of Encouragement is AR – want to discourage conduct.
Accomplice adopts behavior of principal when encourages.
Accomplice can get same conviction as principal.
Defense of lack of MR possible à
acquittal.
Latitude for accomplice conviction.
Once solicitation occurs, crime committed.
Solicitation punished at same level as attempt and completion.
Accomplice can be convicted of attempt
Requires substantial step towards completion of crime.
If principal convictable, accomplice can be convicted.
MPC – All accomplices are charged with the same crime as the
principal. Sentencing usually
less sever for accomplices.
Actus Reus
Physical assistance.
Encouragement by words.
But Failure to act isn’t criminal, unless duty to act.
Abandonment
Must abandon crime BEFORE committed.
Must disable others from use of contribution you would have made,
or make effort to disable (contacting police).
Conspiracy
1. CL
An agreement between
2 or more people;
To carry out an
unlawful act;
With culpable intent
(MR).
2. MPC
a) Agrees
with another person(s) to engage in criminal conduct; OR
b) Agrees
to aid another person in planning or commission of a crime.
3. MPC Renunciation
a) Thwarted
success of conspiracy; AND
b) Voluntary
Renunciation.
4. MPC Duration
a) Abandonment;
and
b) Without
Furtherance; and
c) Advises
others or Police.
Notes:
1. Hearsay may be permitted if:
a) Statement
designed to advance conspiracy.
b) Statement
made during pendancy of conspiracy.
Agency Theory – Once co-conspirator may impute actions upon other
co-conspirators.
All actors are co-equals.
No subordinates or principals.
CL
Can be convicted of both conspiracy and crime.
Knowledge of attempt to commit crime suff. for conviction.
MPC – one conviction only.
Rape
CL
Unlawful Vaginal Intercourse
Force or Threat of Force
Against Will or Consent
Increased focus on resistance of woman
Proof of completed rape – semen deposit in victim
Threat only to victim
B. MPC
1. Sexual
Intercourse with a female not his wife
a.
Threat
of force; or
b. Drugged;
or
c.
Unconscious;
or
d. Female
less than 10 years of age.
2. Threat
of Death, serious bodily harm, extreme pain, kidnapping
3. Perception
oriented.
4. Moves
away from: Against will, without
consent.
5. Emphasis
on D’s positive acts of aggression.
6. Proof
of slight penetration; Possible use of condom - no semen
7. Threat
against anyone to force female into intercourse. Threaten child.
C. Mens Rea
D. Actus Reus: Force, Nonconsent and Resistance
E. Marital Exemption
Protection of Life and Person
CL
Defense against simple assault for non-DF to unlawful taking of
property. Immediate Possession
Claim v. Claim of Title issue.
D’s belief in claim of right must be reasonable.
MPC
Defense against simple assault for non-DF to unlawful taking of
property. Immediate Possession
Claim v. Claim of Title issue.
D’s belief must be held HONESTLY.
Reckless belief à Simple assault; criminal.
Honest belief à Negligent; civil not
criminal.
Negligence – Injury to another using deadly weapon; not deadly
weapon, no conviction.
Allows brandishing of gun to protect from robbery.
Can’t provoke attack.
Pointing gun IS NOT DF.
Protection of Property and Law Enforcement
CL
DF in protection of dwelling being unlawfully evicted;
DF to prevent felonious intrusion;
DF to prevent burglary; forcible felony; gun traps OK.
MPC
DF to protect life, lives of others
No DF to protect property.
Necessity
CL
Emergency in natural, physical forces creates Choice of Lesser
Evils
Doesn’t apply in Murder cases.
Necessity defense if show harm avoiding eminent.
MPC
Doesn’t limit claim of necessity to any particular source of
danger.
No strict eminence requirement
Reasonableness at the time standard.
U.S. v. Kroncke
Assault
Simple
Assault – Misdemeanor
Attempts to cause bodily injury; or
Negligently causes bodily injury;
Places one in imminent fear of injury.
Aggravated
Assault - Felony
Attempts to cause bodily injury with indifference to human life;
or
Attempts to cause bodily injury with a deadly weapon.
Burglary
CL
Break in
Entering – Body Crossing Threshold
Dwelling – Not office or barn
At night – Check for EXAM Night, Sundown
Intent to commit felony inside
MPC
Entering building or occupied structure; with
Purpose of committing a crime.
Robbery
CL and MPC
Property taken from person/presence;
By violence or intimidation.
Arson
Malice Crime
A. CL Malice – MALICIOUS burning of
dwelling of another.
Elements – Must prove all parts
Must show Material Burning
Must be dwelling – not store or other building
Must be Owned by another
MPC Arson
Any fire damage,
owned by self or other; or
Destruction to collect insurance.
Exculpation: Excuse
Duress
Intoxication
Insanity
Criminal
Law
Fall 1999
Review
Christopher S. Lee
I.
Did the defendant commit a crime by a voluntary physical act
or omission?
II.
Did the defendant have the intent necessary to commit the
crime?
III.
What kind of crime was committed?
IV.
What defenses can the defendant can use?
V.
Policy – Goetz Case
II.
Did the defendant have the intent necessary to commit the
crime?
A.
CL Mens Rea
1.
Specific Intent – Property Felonies – Robbery, burglary,
forgery, larceny, embezzlement, false pretenses,…
a)
Requires proof of intent with Independent Evidence
b)
CANNOT Infer Conduct
c)
Inchoate Specific Intent Crimes
(1)
Solicitation
(2)
Conspiracy
(3)
Attempt
2.
Malice – Arson, Murder
3.
General Intent – Battery, Rape, Kidnapping, False
Imprisonment,…
a)
No Independent Evidence of intent necessary.
b)
CAN Infer Conduct
c)
Vast Catchall Category
4.
Strict Liability – Administrative, Regulatory, Morality
B.
MPC Mens Rea
1.
Specific Intent Mens Rea
a)
Purposefully – Wanting to produce a specific result.
b)
Knowingly – Engaging in conduct with specific result in
mind.
2.
General Intent Mens Rea
a)
Recklessly – Knows of great risk or harm.
b)
Negligently – Should have been aware but wasn’t at the time.
III.
What kind of crime was committed?
A.
Assault
1.
Simple Assault – Misdemeanor
a)
Attempts to cause bodily injury; or
b)
Negligently causes bodily injury; or
c)
Places one in imminent fear of injury.
2.
Aggravated Assault – Felony
a)
Attempts to cause bodily injury with indiff. to human life;
or
b)
Attempts to cause bodily injury with a deadly weapon.
B.
Burglary
1.
CL
a)
Break in; and
b)
Entry (crossing a threshold); and
c)
Dwelling (not office or barn); and
d)
At Night (contrast to daytime); and
e)
With the intent to commit a crime.
2.
MPC
a)
Entering a building or occupied structure; and
b)
Purpose of committing a crime.
C.
Robbery – CL and MPC
1.
Property taken from person or in their presence; and
2.
By violence or intimidation.
D.
Homicide
1.
CL
a)
Actus Reus
b)
Corpus Delecti
c)
Mens Rea
(1)
Intent to kill;
(2)
Intent to injure;
(3)
Recklessness;
(4)
Felony Murder
d)
Proximate Cause
2.
MPC – Purposefully, knowingly, recklessly, or negligently
causes the death of another human being
a)
Murder – 1st Degree Felony
(1)
Committed Purposefully; or
(2)
Committed Recklessly with indifference to human life.
b)
Manslaughter- 2nd Degree Felony
(1)
Committed Recklessly; or
(2)
Committed under extreme mental or emotional disturbance
c)
Negligent Homicide – 3rd Degree Felony
Committed
Negligently
3.
Felony Murder –If D is in the process of committing a
felony, and kills another, it is Felony Murder
a)
But For Causation – But for the Felony, the murder wouldn’t
have happened.
b)
Proximate Cause – Natural and Probably Consequences
c)
CL
(1)
In furtherance of a criminal goal.
(2)
Independent of felony.
(3)
Vicarious liability.
(4)
Redline View
d)
MPC
(1)
Extreme indifference to human life.
(2)
No Vicarious Liability
(3)
Rebuttable presumption of guilt.
E.
Arson – Malicious burning of another’s dwelling.
1.
CL Elements – Show ALL Parts
a)
Material Burning; and
b)
Of a Dwelling (not store or office); and
c)
Owned by another.
2.
MPC Elements
a)
Any fire damaged, owned by self or another; or
b)
Destruction to collect insurance.
F.
Rape
1.
CL
a)
Unlawful vaginal intercourse; and
b)
With force or threat of force; and
c)
Against will or consent; and
d)
Proof of completed rape – semen.
e)
May only threaten victim, not victim’s child.
2.
MPC – Sexual Intercourse with woman not his wife and
a)
Threat of force; or
b)
Drugged; or
c)
Unconscious; or
d)
Female under age 10.
G.
Solicitation
1.
CL
a)
Asking another person to commit a crime.
b)
Solicitation ends with agreement to commit crime.
c)
Solicitation’s end leads to Conspiracy’s beginning.
2.
CL Defense – Only if no intention of completing crime.
3.
MPC
a)
MR - Purposefulness
b)
Encouragement of another person to engage in a crime,
whether communicated directly or not, and whether the solicited person
intends to complete the crime or not.
c)
Merger
4.
MPC Defense
a)
Direct interference or informing police.
b)
Involuntary renunciation is not a defense.
H.
Conspiracy
1.
CL
a)
An agreement between 2 or more people; and
b)
To carry out an unlawful act; and
c)
Attempt to pursue Unlawful Objective (Actus Reus).
2.
MPC
a)
Agrees with another person(s) to engage in criminal conduct;
or
b)
Agrees to aid another person in planning, or commission of a
crime.
c)
No Merger.
3.
MPC Renunciation
a)
Thwarted success of conspiracy; and
b)
Voluntary Renunciation
4.
MPC Duration
a)
Abandonment; and
b)
Without Furtherance; and
c)
Advises other conspirators or Police.
I.
Attempt
Specific intent to commit a
crime and falls short of objective.
1.
CL
a)
Dangerous proximity to success.
b)
Same sentence as completed crime; only one charge.
c)
No abandonment defense.
2.
MPC
a)
Substantial step beyond mere preparation.
b)
Both charges available, one conviction only.
c)
Abandonment defense option.
d)
Merger
J.
Accomplice – Intentional assistance in criminal
conduct.
Catch Phrases: Aiding and abetting, counseling concealing, perpetrating,
encouraging or inciting.
1.
CL
a)
Liable for crime itself;
b)
Liable for all other foreseeable crimes.
c)
Natural and foreseeable consequences.
d)
Accomplice cannot be convicted of more serious crime than
principal.
2.
MPC
a)
Solicits person to commit crime; or
b)
Aids or agrees to attempts to aid commission of an offense;
or
c)
Has a legal duty to prevent the commission and fails to do
so.
3.
MPC Defenses
a)
Victim of offense;
b)
Conduct is incidental to offense.
c)
Terminates prior to commission; and
(1)
Deprives effectiveness of offense; or
(2)
Informs law enforcement or tries to prevent the offense.
d)
Rebuttable Presumption of Recklessness
A.
Defense of family, self.
1.
CL
a)
Imminent danger;
b)
Reasonable force and belief;
c)
No deadly force unless countering deadly force;
d)
Not the original aggressor, unless
(1)
Unexpected use of deadly force in counter; or
(2)
Retreats after initial aggression
e)
No opportunity to retreat; unless at home
2.
MPC
a)
Fear of bodily injury;
b)
When immediately necessary;
c)
With honest belief
B.
Defense of Property - Against simple assault to unlawful taking
of property.
1.
CL - Must have reasonable belief.
2.
MPC – Must have honest belief.
C.
Defense of Real Property
1.
CL – Citizen held to higher standard
a)
DF in protection of dwelling if being unlawfully
evicted. Must be immediate.
b)
DF to prevent intrusion believed to be felonious.
c)
DF to prevent burglary. Permits trap guns.
2.
MPC
a)
No DF to defend property.
b)
DF permitted to defend self, others on property.
c)
Trap guns permitted with reasonable use and notification.
ex) Can use guard dog with reasonable notice.
D.
Doctrine of Retreat
1.
CL
a)
Bars DF if person deliberately provokes DF attack.
b)
Justification – Reasonable belief of Necessity.
2.
MPC
a)
Bars DF if person deliberately provokes DF attack.
b)
No duty to Retreat in home or business.
c)
Honest belief of Necessity.
E.
Law Enforcement – Use of Force – CL & MPC
1.
Misdemeanor
a)
Not witnessed – Warrant
b)
Witnessed – No Warrant
2.
Felony – No warrant with reasonable belief or witnessed.
F.
Law Enforcement – Use of Deadly Force - MPC
1.
In felonies, or protection of innocent victims.
2.
Can’t run substantial risk of injuring innocent bystanders.
3.
Must attempt non-DF first.
4.
Permitted to recapture if DF used in initial capture.
G.
Citizen’s Arrest
1.
CL - DF when an actual felony is committed and they are
acting reasonably (and must arrest the correct suspect).
2.
MPC
a)
Assisting police in lawful arrest.
b)
DF with honest belief suspect is using DF, or threatening
innocent victims with DF. Must
act honestly and reasonably, not recklessly.
H.
Resisting Unlawful Arrest
1.
CL
a)
Provocative arrest.
b)
Charged with non-existent offense.
c)
Low-level misdemeanor, without search warrant.
d)
Unwarranted physical force.
2.
MPC – No right to resist; unless unwarranted attack.
I.
Provocation
1.
CL
a)
Mere words are not enough.
b)
Physical attack.
c)
Mutual combat.
d)
Witnessing wife’s adultery.
2.
MPC
a)
Reasonable explanation or excuse.
b)
Jury – Reasonable person standard.
c)
No time lapse permitted.
d)
Reduction in sentencing; no acquittal
J.
Duress – Affirmative defense where D engages in criminal
conduct when he believes another person will inflict Death or Serious Bodily
Harm if he resists.
1.
CL
a)
Threat
b)
Fear; Reasonable fear for D
c)
Imminent danger – Imminent or Immediate
d)
Bodily harm – Death or Serious Bodily Harm
2.
MPC
a)
Threat or threat to use force; AND
b)
Against D or another person; AND
c)
Where person of Reasonable Firmness couldn’t resist.
d)
Murder permitted in persons with Reasonable Firmness
3.
MPC does not permit the Duress defense for:
a)
Reckless conduct
b)
Negligent conduct
c)
Spousal Exception/Coercion
K.
Necessity – Choice of Lesser Evils – Preserve Life; Protect
Property
1.
CL
a)
Greater Harm than not acting.
b)
No Alternatives.
c)
Imminent Harm pending.
d)
Situation not caused by D.
2.
MPC
a)
Reasonable at the time Standard.
b)
Imminent Harm not required.
3.
Economic Necessity – Stealing Food; Generally not permitted
as a defense, but most Prosecutors don’t pursue these cases.
L.
Mistake of Fact
1.
CL
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MR of Crime
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Application of Defense
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Specific Intent
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Any Mistake
(Reasonable or Unreasonable)
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Malice & General Intent
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Reasonable Mistakes ONLY
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Strict Liability
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Never a Defense
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2.
MPC – Punish those acting in a blameworthy manner.
M.
Mistake of Law – Generally, never a defense.
1.
CL – Felon Registration
a)
Duty to act.
b)
Failure to act
c)
Danger to Society
2.
MPC
a)
If statute isn’t widely known, adequate defense.
b)
If reliance on legal authority, defense permitted.
N.
Impossibility – Every attempt is made to achieve criminal
goal, but for other circumstances, fails. CL offers defense to situation. MPC charges Attempt.
O.
Intoxication
1.
CL
a)
General Intent Crime
b)
Allows defense to show lacked MR to commit crime.
2.
MPC
a)
Defense to Purposeful or Knowing conduct.
b)
No Defense to Reckless or Negligent conduct
c)
Involuntary Intoxication – Complete defense
(1)
Not self-induced; or
(2)
Taken under medical advisement
P.
Insanity
1.
M’Naghten Rule – Right from Wrong Rule
2.
Irresistible Impulse – D lacks self-control or free choice.
3.
Durham Rule – Mental Incompetence; DC & NH former tests.
4.
MPC Test – D lacks ability to conform conduct to law.
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