Criminal Law PDF

Criminal Law  What is a Crime? A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community. In its social aggregate capac...

Criminal Law  What is a Crime? A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community. In its social aggregate capacity, as distinguished from a civil injury. (Wilkins v. U. S.)  Civil Law (Private Law) Concerns relationships between individuals or between individuals and government All law that is not criminal Awards monetary compensation Loading… An individual can sue another person, business, or the government Usual standard is a preponderance of the evidence  Criminal Law (Public Law) Made to protect the public as a whole from harmful acts of others Citizens cannot initiate these suits, must be brought by a state District Attorney or Federal Prosecutor as “the government” Standard is “beyond a reasonable doubt” If found guilty, results in fines, imprisonment, or both Two categories: Felonies Misdemeanors  Categories of Criminal Law Felonies Include serious crimes such as murder, rape, robbery, arson, etc. Carry strict penalties Punishable by death or Loading… imprisonment for over one year Misdemeanors Less serious offenses and include traffic violations, minor theft, etc. Punishable by a fine or imprisonment up to one year Petty Crimes: Minor violations such as jaywalking, building code violations, etc. Criminal Liability Every crime must have two components: Actus reus: Criminal act committed In general, in order to be guilty of a crime, conscious, volitional, affirmative acts must be taken Mens rea: Criminal state of mind Different types of intent required for different crimes Mens Rea: Types Specific Intent General Intent Strict Liability Willful/Wanton Misconduct Criminal Negligence Malice Knowledge/Willfulness Doctrine of Transferred Intent Specific Intent An actual intent or purpose to do the prohibited action of the particular crime For example, with the theft crime of larceny, there must be an actual intent to permanently deprive– negligence or reckless deprivation is not enough Specific intent crimes are, therefore, more difficult to prove Solicitation, attempt, conspiracy, theft crimes General Intent General intent consists of the volitional doing of the prohibited act Only state of mind required is intent to commit the act constituting the crime D need not have intended to violate the law nor be been aware that the law made the act criminal Can be inferred from the fact that the D engaged in the proscribed conduct In other words, one who voluntarily does an act is presumed to have intended that act Rape, battery, false imprisonment crimes Strict Liability Only the action—no mental state—required Defenses inapplicable (mistake, insanity) Bigamy, statutory rape at common law Willful / Wanton Misconduct Only need to show the mental state of recklessness Murder Loading… Criminal Negligence An objective (reasonable person) test is all that is required For example, with involuntary manslaughter, the killing is accidental but a reasonable person should have known of the substantial likelihood that death would occur Involuntary Manslaughter Malice Malice is satisfied by D’s recklessness Some jurisdictions define malice as evil will Murder, Arson, Mayhem Knowledge / Willfulness Requires the D subjectively believed s/he/they were doing the proscribed action, and is satisfied even if D was hoping s/he/they were wrong For example, D as receiver of stolen property really hopes s/he/they were getting a great deal even though he believes the property was probably stolen Receiving Stolen Property Types of Crime Crimes Against the Person Homicide Assault, Battery Kidnapping Crimes Against Property Theft Structures (Burglary, Arson) Preliminary Crimes Solicitation Conspiracy Attempt Types of Crimes * Crimes Against Crimes Against Preliminary the Person Property Crimes Homicide Theft Solicitation Assault, Battery Structures Conspiracy (Burglary, Kidnapping Attempt Arson) Homicide / Murder Homicide: The unlawful killing of a human being by another person Murder: The unlawful killing of a human being by another person with malice aforethought If Malice What degree of murder? If no Malice Involuntary Manslaughter (Criminal Negligence) Malice Req’d for Murder Intent to Kill Shown through words, use of a deadly weapon Intent to Injure Cause serious bodily harm Wanton / Reckless Conduct D engaged in conduct that poses an extremely high risk of death Felony Murder Rule Homicide committed during the perpetration of an inherently dangerous felony  Malice Murder If you have malice, you have murder What degree? First Degree Murder Specific Intent to Kill + Premeditation + Deliberation Premeditation: Some thought to it (time) Deliberation: State of mind (quality) Felony Murder Rule Arson, Rape, Robbery, Burglary, Kidnapping Special Means Ambush, bomb, poison, torture Second Degree Murder Everything else (Residually Defined) Defenses to Murder Excuse Mitigation Justification (Voluntary (No Crime) (No Crime) Manslaughter) Self Defense Insanity Heat of Passion / Adequate Defense of Infancy Provocation Others Intoxication Imperfect Self Defense of Defense Property Mistaken Crime Prevention Justification Necessity Coercion Diminished Capacity Crimes Against Property Theft Crimes Larceny Larceny by Trick False Pretenses Robbery Embezzlement Receiving Stolen Property Structure Crimes Burglary Arson Larceny Larceny is the trespassory taking and carrying away of the tangible personal property of another with the intent to permanently deprive All other theft crimes are variations on larceny Larceny by Trick Victim voluntarily gives property (not trespassory); consent by fraud; D “borrows” property and never returns False Pretenses D must obtain title (or crime is larceny by trick) Tangible personal property of another False representation relied upon by victim Specific intent to defraud resulting in permanent deprivation Robbery Larceny + Force or fear (threat of force) D’s act of violence must occur either before the taking or at the time of the taking Armed robbery: Requires D to be armed with a dangerous or deadly weapon Embezzlement Embezzlement is the fraudulent conversion of rightfully entrusted personal property with intent to permanently deprive Specific intent to defraud Crime against ownership (vs larceny which is a crime against possession) **Look for entrustment to an individual with a high level of authority** Receiving Stolen Property Receiving property knowing it to be stolen Goods must be stolen D must have knowledge General intent crime reasonable belief is enough to satisfy D’s requirement of knowledge D must intend to permanently deprive true owner of possession  Theft Crimes used Larceny Larceny by Trick False Pretenses Robbery Embezzlement Receiving Stolen Property Specific Specific Intent Specific Intent Specific Intent Specific Intent Knowledge Intent D Not in D Not in Rightful D in Rightful Rightful Possession Possession Possession Crime Larceny by Crime by False Larceny Plus Crime Against Crime Against Against Misrepresentation Representation Force / Fear Ownership Receiving Stolen Possession Property Possession Voluntarily Title Voluntarily Possession Possession Permanent Given to D Given to D Involuntarily Voluntarily Given to Deprivation to Given to D D who Subsequently Owner Misappropriates Structure Crimes Burglary: The trespassory breaking and entering of a protected structure with the intent to commit a felony therein Arson: The burning of a protected structure with malice D intended to burn structure D engaged in conduct that demonstrates a wanton disregard for the risk of burning the structure Preliminary Crimes Solicitation Conspiracy Attempt Loading… All are specific intent crimes Solicitation Intent to induce another to commit a crime Asking / Requesting another To commit a crime (specific intent) Vicarious liability Merger Accomplice liability may be an additional charge separate from the solicitation  Conspiracy Agreement between two or more people to commit an unlawful act Agreement Express or implied Two or more Wharton’s Rule (if crime requires two people to commit, must need a third person for conspiracy) Unlawful purpose (specific intent) Overt act (Majority) Vicarious liability – reasonable furtherance test Each conspirator will be liable for all crimes committed in reasonable furtherance of the conspiracy Conspiracy Defenses Merger Conspiracy does NOT merge with the target crime Withdrawal Conspirator must effectively communicate intent to withdraw Cuts off vicarious liability Impossibility Factual (no defense) vs Legal (valid dense) Next slide Impossibility Factual Impossibility: D intends and acts to violate law but unknown factors make it impossible Legal Impossibility: D’s conduct even if carried out would not constitute a crime  Attempt A substantial act towards perpetration of an intended crime (crime that falls short of completion) Act of perpetration Specific intent to commit crime Impossibility Factual: No defense Legal: Valid defense Merger Does not merge w conspiracy but does merge with solicitation & target crime  Accomplice Liability An accomplice is one who aids, abets, or encourages the commission of a crime Like conspirators, liable for all foreseeable acts (no furtherance requirement) Perpetrators Aiders / Abettors Present: Accomplice Vicarious liability for all reasonable foreseeable crimes Not Present Accessory Before the Fact Accessory After the Fact (Obstruction of Justice)