Criminal Law

CRIMINAL LAW
I.
II.
III.
IV.
Accomplice Liability: One who, with the intent that the crime be committed, aids, counsels, or encourages
another in the commission of a crime is deemed a party to the crime, and thus may be held guilty of the
criminal offense.
Inchoate Offenses
1.
Solicitation: (1) asking someone to commit a crime (2) with the specific intent that the person
solicited commit the crime.
2.
Conspiracy: (1) an agreement between two or more persons, (2) an intent to enter into an
agreement, (3) an intent to achieve the unlawful purpose or objective of the agreement, [(4) the
majority of state also require an overt act in furtherance of the conspiracy].
3.
Attempt: (1) specific intent to commit the crime, and (2) an overt act in furtherance.
Crimes Against the Person

1.
Murder: unlawful killing of a human being with malice aforethought. Malice aforethought exists if (1)
Intent to kill; (2) Intent to inflict great bodily injury; (3) Reckless indifference to an unjustifiably high
risk to human life; OR (4) Intent to commit a felony (felony murder)
2.
Voluntary manslaughter: a killing that would be murder but for the existence of adequate
provocation: (1) sudden and intense passion (2) no time to cool off.
3.
Involuntary manslaughter: a killing that was committed (1) with criminal negligence OR (2) during
the commission of a misdemeanor or an un-enumerated felony
4.
Battery: an unlawful application of force to the person of another resulting in either bodily injury or
an offensive touching (general intent crime).
5.
Assault: either (1) an attempt to commit battery (specific intent crime) or (2) a threat (general intent
crime) (there is merger: if theres a touching its battery not assault and battery).
6.
Other CL Crimes Against the Person: Rape, Kidnapping, Mayhem
Crimes Against Property

1.
Larceny : (1) A wrongful taking; (2) a carrying away (any movement); (3) of the personal property;
(4) of another; (5) by trespass (without consent); (6) with intent to deprive permanently (intent must
exist at the time of the taking).
2.
Robbery (larceny + assault) requires: (1) a wrongful taking; (2) of personal property of another; (3)
from the others person or presence; (4) by force or threat of immediate physical harm; (5) with the
intent to permanently deprive him of it.
3.
Embezzlement:Requires (1) fraudulent (2) conversion (i.e. dealing w/ the property in a manner
inconsistent w/ the arrangement by which D has possession); (3) of personal property; (4) of
another; (5) by a person in lawful possession of that property; (6) with intent to defraud.
4.
V.
False Pretenses:(1) Obtaining title; (2) to personal property of another; (3) by intentional false
statement of past or existing fact; (4) with intent to defraud by the other.
Crimes Against Habitation

1.
Burglary: (1) a breaking; (2) an entry; (3) of the dwelling; (4) of another; (5) at night; (6) with the
intent to commit a felony inside.
2.
Arson: (1) malicious; (2) burning; (3) of the dwelling; (4) of another
Criminal Defenses
VI.
1.
Insanity 4 Formulations for Acquittal
1.
MNaghten Rule: (1) know the wrongfulness of his actions or (2) understand the nature and quality of his
actions.
2.
Irresistible Impulse Test: (1) control his actions or (2) conform his conduct to the law
3.
Durham Test: Acquit if Ds conduct was the product of mental illness.
4.
MPC: (1) appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law.
2.
Intoxication (voluntary or involuntary)
3.
Infancy: Under 7 no liability; Under 14 rebuttable presumption against liability
4.
Self-Defense (non-deadly v. deadly may have to retreat)
5.
Defense of a Dwelling (only non-deadly force)
6.
Duress: Where someone reasonably believes that another person would imminently inflict death or
great bodily harm upon him or a member of his family. Not a defense for homicide.
7.
Mistake of Fact: a defense only when it negates intention. Reasonable v. unreasonable mistake.
CRIMINAL PROCEDURE
Exclusionary Rule: illegally obtained evidence is inadmissible at trial, and all fruit of the poisonous tree
must also be excluded (unless independent source, inevitable discovery, or act of free-will by the
D)Limitations Good faith defense
I.
4th Amendment Search & Seizure
II.
1.
Does the D have a 4th Am right? (governmental action; reasonable expectation of privacy)
2.
If so, did the government agent have a warrant? (valid, properly executed or good faith D)
3.
If the police did not have a warrant, did they make a valid warrantless search?
i.
Searches incident to a lawful arrest: contemporaneous to lawful arrest; wingspan only
ii.
Automobile exception: need probable cause
iii.
Plain view: police must be legitimately on the premises
iv.
Consent: must be voluntary and intelligent and w/ authority
v.
Stop and Frisk: need reasonable suspicion; limited to pat-down of outer clothing
Hot pursuit and evanescent evidence: evidence that could go away
vi.
III.
5th Amendment
1.
Privilege against self-incrimination

i.
Miranda warning (custody + interrogation)
ii.
Compelled testimony
2.
Right to counsel: NOT offense specific police must STOP interrogation of ANY issue.
3.
Double Jeopardy: Once jeopardy attaches, the D may not be retrial for the same offense.
Same Offense:Generally, two crimes do not constitute the same offense if each crime
requires proof of an additional element the other does not.
i.
ii.
IV.
V.
1.
Lesser included offenses usually = same offense
2.
Separate Sovereigns same offense
Exceptions permitting re-trail: (1) Hung jury; (2) Mistrial for manifest necessity; (3) Re-trial after
successful appeal; (4) Breach of an agreed upon plea bargain
6th Amendment
1.
Right to Counsel (post charge line-up/show-up and all critical stages of prosecution)
2.
Right to a Speedy Trial
3.
Right to a Jury Trial: (6 month sentences; 6 jurors; unanimous)
4.
Right to Confront Witnesses: Observe witness demeanor and opportunity to cross examine.
Right not absolute: (1)Judge may remove disruptive D, (2) Co-defendants confession
8th Am
1.
Cruel & Unusual Punishment punishment must be proportionate to the offense.
2.
The Death Penalty
VI.
i.
Any death penalty statute that does not give the D a chance to present mitigating facts
and circumstances is unconstitutional.
ii.
There can be no automatic category for imposition of the death penalty.
iii.
The state may not by statute limit the mitigating factors; all relevant mitigating evidence
must be admissible or the statute is unconstitutional.
iv.
Only a jury and not a judge may determine the aggravating factors justifying imposition of
the death penalty.
14th Amendment Due Process

1.
Burden of proof on prosecution to prove each element beyond a reasonable doubt
2.
Identification which are unnecessarily suggestive will be barred by DP

Criminal Law - Attack Sheet

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What are the elements of larceny?

What are the elements of larceny?

What are the elements of robbery?

What are the elements of robbery?

Crimes Against the Person

Other CL Crimes Against the Person: Rape, Kidnapping, Mayhem

Crimes Against Property

Crimes Against Habitation

Insanity 4 Formulations for Acquittal

Durham Test: Acquit if Ds conduct was the product of mental illness.

Intoxication (voluntary or involuntary)

Infancy: Under 7 no liability; Under 14 rebuttable presumption against liability

Self-Defense (non-deadly v. deadly may have to retreat)

Defense of a Dwelling (only non-deadly force)

4th Amendment Search & Seizure

Searches incident to a lawful arrest: contemporaneous to lawful arrest; wingspan only

Automobile exception: need probable cause

Plain view: police must be legitimately on the premises

Consent: must be voluntary and intelligent and w/ authority

Privilege against self-incrimination

Miranda warning (custody + interrogation)

Lesser included offenses usually = same offense

Separate Sovereigns same offense

Right to a Speedy Trial

Right to a Jury Trial: (6 month sentences; 6 jurors; unanimous)

Cruel & Unusual Punishment punishment must be proportionate to the offense.

The Death Penalty

There can be no automatic category for imposition of the death penalty.

14th Amendment Due Process

Burden of proof on prosecution to prove each element beyond a reasonable doubt

Identification which are unnecessarily suggestive will be barred by DP

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