Ac t u s Re u s

for every crime, Felony: Punishable by

you need death or imprisonment for
j ur isidcation and more than one year
actus reus - voluntary, affirmative act, or
M isdemeanor : Punishable
- an omission, causing criminally proscribed
result
by imprisonment for one
year or less, or by a fine, or
by both

Failure to Act when a

Voluntar y Acts duty exists

- Imposed by statute
- physical and voluntary - failing to file taxes
- unconscious/asleep/hyponisis - contract
- NOT voluntary - lifegaurd saving a drowing person
- special relationship
- parent and child
- detrimental undertaking
- leaving a victim in a worse condition after treatment
- causation
proof of
- failing to aid after causing a victim's peril
concur rence? i.e.,
proof that the D had the
requisite mens rea at the
time the actus reus was M PS M ens Rea:
committed. me ns r e a - Purpose
- Knowledge
- recklessness
str ict liability - Negligence
Specific intent
gener al intent M alice

- statutory/regullatory
D has a subjective desire, - requires the intent to - These crimes require reckless offenses
specific objective, or knowedlge preform an unlawful disregar d of a high risk of - moral offenses
to accomplish prohibited result act harm, and require only a - A strict-liability crime
- intent can be criminal act without excuse, does not require a mens
purposly, knowingly, justification or mitigation; rea.
recklessly, or - intent is inferred from the
negligently accomplishment of the act.
FIAT crimes:
- (i) Fir st-degree mur der ;
- (ii) I nchoate offenses
(attempt, solicitation,
- statutory rape,
conspiracy); - most crimes - arson
bigamy, regulation of
- (iii) Assault with intent to - battery, rape, - common law Murder
food and drugs
commit a batter y; and kidnapping, false
- (iv) Theft offenses (larceny, imprisonment
larceny by trick, false
pretenses, embezzlement,
forgery, burglary, robbery).
 Par t i e s t o a c r i me
Conspirators are not a distinct
party to a crime because they
are treated as a pr incipal, are all
held to the same degree of
criminal liability, and are guilty
regardless of whether the crime Pr incipal Accomplice Accessor y after
is actually committed or not. the fact

- person whose acts or - a person who, with the requiste mens

- A person who aids or assists a
omissions are the actus reus rea, aids or abets a principal prior to or
felon to avoid apprehension or
of the crime during the commission of a crime
conviction after commission of
- must be actually or - DUAL intent: must intend to both (1)
the felony;
constructivley present at the help the P commit the crime, and (2)
- the person must know a felony
crime scene intend that the P commit the crime
has been committed, and is only
charged
liable for a separate crime.

liable for the natur al and

Pr incipal in the Accessor y before probable consequence
second degree the fact of the accomplice's
conduct

- An accomplice who is
- An accomplice who is
neither physically nor
physically or constructively
constructively present during - To legally withdraw, accomplice must:
present during the
the commission of the crime, - (1) Repudiate prior act,
commission of the crime is a
but who possesses the - (2) do all that is possible to counteract
principal in the second
requisite intent, is an prior assistance
degree.
accessory before the fact. - (3) do so before the chain of events is in
motion and unstoppable

Withdr awal

An accomplice to felony mur der who did not under the moder n maj or ity
- Feder al/M aj or ity r ule: May only withdraw after the kill, attempt to kill, or intend to kill cannot be view, an accomplice may be
agreement but before an overt act has been committed, sentenced to the death unless the accomplice convicted of a crime even if
by the pr incipal is not tried, is
- (i) communicating notice of his intent not to (1) significantly participated in the commission not convicted, has received
participate to the other potential co-conspirators or of the underlying felony and immunity from prosecution,
- (ii) infor ming the police about the agreement. (2) acted with reckless indifference to human or is acquitted.
- Common law: Withdrawal never a defense life.
- M PC/M inor ity view: May only withdraw by acting
voluntarily to ?thwart the success? of the conspiracy.
 ho mi c i de
Negligent medical
treatment is generally
- To prove homicide, you need both: foreseeable, so it does not
- 1. Actual causation: The victim would not have died but for the break the chain of
defendant?s act. proximate causation.
- 2. Proximate causation: The death caused by the defendant?s conduct is
foreseeable as the natural and probable result of the conduct.
- A living person must DIE

Common L aw Voluntar y I nvoluntar y

Felony M ur der Statutor y M ur der
M ur der M anslaughter M anslaughter

Homicide committed with malice aforethought, Unintentional homicide

- The unlawful killing of - Unintended and for seeable - Fir st degree
but also with mitigating circumstances: committed:
another human being with killing proximatley caused - (i) a deliber ate and
- (1) " Heat of Passion" - (i) With cr iminal negligence
malice aforethought. by and dur ing the premeditated murder, or
- A situation that could inflame the - (or recklessness under the
- CL murder is a malice commission or attempted - had the time to reflect
passion of a reasonable person to the MPC); or
cr ime, not a specific-intent commission of an inherently and plan
extent that it could cause that person to - grossly negligent conduct
crime. dangerous felony - made the decision to
momentarily act out of passion rather - (ii) Dur ing an unlawful act
- BARRK : kill in a cool - a malum in se
dispassionate manner than reason.
- Burglary, - A serious battery, a threat of deadly misdeamonor (assault,
- Arson, - (ii) felony mur der. battery), or
M alice - Second degree force, or discovery of adultery by a
- Robbery, spouse constitutes adequate provocation. - a felony that is not treated
- Rape, - a homicide committed as a 1st degree felony
with the necessary - Usually mere words, such as taunts, do
- Kidnapping not.
- a felony independent of the malicious intent:
- (1) I ntent to K ill: conduct that is the - (2) I mper fect defense
death - The intent to kill;
legal cause of death + intent to kill - If the D uses self-defense and kills
- The intent to do great
- (2) I ntent to do ser ious bodily inj ur y another person but was unreasonable in
bodily injury;
+ unintentional killing doing so (e.g., used excessive force,
- Depraved-heart
- (3) reckless indifference to human life improper use of self-defense), murder
murder; or
- Depraved-heart murder is a killing Defenses to felony murder can be mitigated down to voluntary
- Felony murder (unless
that results from reckless - If the death was manslaughter.
the statute states that
indifference to an unjustifiably high unforeseeable, then the FMR
this is considered
risk to human life + unintentional will not apply.
first-degree murder)
killing - Point of Safety: If the felony
- majority rule requires the D to be is complete and the defendant
aware of the danger involved. has reached a place of safety,
Time to cool off Under the doctrine of
- (4) intent to commit a felony: the FMR will not apply to
There must not have been tr ansfer red provocation,
proximatley caused by and during the deaths that occur after when a defendant accidentally
sufficient time for an ordinary
commission or attempted commission reaching the place of safety. kills the wrong person, he
(reasonable) person to cool off
of an inherently dangerous feleony + between the provocation and the will be guilty of voluntary
unintantional killing (felony murder) killing (objective). manslaughter if that would
The defendant also must not have been his crime had he
- D is not guilty of felony have actually cooled off killed the provoker.
murder when the defendant's (subjective).
Since consent is never a co-felon is justifiably killed by
defense to murder, a person a victim or police officer, OR if
who commits a mercy a bystander is killed (majority
killing can still be rule)
prosecuted for mur der . - does not encompass death
occurring after flight from the
crime scene
Under the agency theor y of felony murder
(majority rule), a D is responsible for deaths
proximately caused by him/herself or cofelons
during the commission or attempted commission of
an inherently dangerous felony? but not for
deaths caused by other s.
 Pr o pe r t y c r i me s

Recepit of
Stolen Goods Extor tion
Embezzlement Bur glar y Ar son Per j ur y
For ger y
(common law) (common law)

- (1) the D must receive control of

- The taking of money or
stolen property, Embezzlement is the:
property from another - (i) Breaking and; - arson is the - (1) making
- (2) know that the property is - (i) Fraudulent; - the willful act of
by threat - (ii) Entering; - Malicious - (2) of a false
stolen, and - (ii) Conversion; falsely promising
- making the threat is the - (iii) Of the dwelling; - burning wtiting;
- (3) intend to per manently - (iii) Of the property; to tell the truth,
essence of the crime - (iv) Of another; - of the dweeling - cannot be
depr ive the owner of the - (iv) Of another; either verbally or
- threat need not be - (v) At nighttime; - of another an existing
property. - (v) By a person who is in writing,
immediate harm or of - (vi) With the specific document
- Property that is unlawfully in lawful possession of - about material
physcial nature intent to commit a felony - (3) with
obtained through larceny, the property. matters that affect
therein. apparent legal
embezzlement, or false the outcome of a
significance;
pretense is stolen proper ty. case.
and
- The act of receiving the Mere scorching (i.e., - (4) with the
property must coincide with discoloration due to heat)
Conver sion is the intent to
the recipient's knowledge that a burglary D who the of the walls, smoke
inappropriate use of defr aud
the property is stolen. fails to complete requisite damage, and burning of
property, held pursuant to a
- Some jurisdictions require the under lying intent must the dwelling's contents
trust agreement, which
that the D have actual, felony is also exist at the are all insufficient to
causes a serious
subjective knowledge that guilty of the time of support a common-law
interference with the
the property has been attempted entr y. arson conviction.
owner?s rights to the
stolen. commission of
property.
- Other jurisdictions permit that felony.
the Ds knowledge to be
inferred from facts that
would alert a reasonable
person to unlawful
acquisition of the property.
 L arceny

- Larceny is the:
- (i) Trespassory;
- (ii) Taking and;
- (iii) Carrying away; force or
- (iv) Of the personal property; intimidation
- (v) Of another;
- (vi) With the intent to
per manently deprive that
by a known
person of the property
Robber y
misrepresentation
- (i.e., intent to steal).
- Without consent
- specific-intent crime!

- Larceny;
- from the person or
L arceny by Tr ick continuing trespass rule presence of a victim
False Pretenses
(possession) - by force or
(title) can be a small
considers a situation where the taking intimidation
movement
was done without permission, but
- Larceny by trick is a without the intent to permanently
larceny accomplished - obtaining title to the deprive. but at some time after the
by fr aud or deceit that property initial taking, the D forms the intent
results in the - of another person to permanently deprive the owner.
conver sion of the - through reliance of that the trespass is considered to continue
property of another. person in order for the criminal act to
- Larceny by trick differs - on a known false coincide with the criminal intent,
from false pretenses in representation of a resulting in larceny.
that the D acquires material past or present
mere possession of fact, and
(not title to) the - the representation is
proper ty. made with the intent to
defr aud
The taking of stolen property from a
thief can constitute larceny unless the
taker has a superior possessory interest
example:
in the property.
An apprentice knowingly misrepresented
who created the sculpture. She did so
with the specific intent to cause a buyer to
pay a higher amount for the sculpture
than the buyer would pay otherwise (i.e.,
to defraud the buyer). As a result of her
misrepresentation, the buyer paid the
apprentice? thereby giving her title to the
$75,000. Therefore, the apprentice is
guilty of false pretenses.
 A D may be
I nc ho at e Cr i me s
concur rently prosecuted
for, but not convicted of,
more than one inchoate
offense designed to - Specific intent crimes
culminate in the
commission of the same
crime.

Solicitation Attempt
Conspir acy

Solicitation is the:
- (i) Enticing, encouraging, - (1) A substantial step
- conspiracy is an: towards the commission of a
requesting, or commanding
- (1) agreement crime (beyond mere
of another person;
- (2) between two or more people preperation); and
- (ii) To commit a crime;
- (3) to accomplish an unlawful - (2) specific intent to commit
- (iii) With the intent that the
purpose the crime
other person commits the
- unilateral conspiracy: may be formed
crime.
when just one person agrees (modern
trend, but not CL)

- Common law: Renunciation

was no defense to - impossibility defense
solicitation. - a defense when the act
The Majority/MPC rules:
- M PC: Voluntary intended is a legal
- (i) Add the requirement of an Withdr awing from
renunciation may be a impossibility (i.e., the
over t act in furtherance of the conspir acy
defense, provided the intended act is not a
the conspiracy (but the MPC At common law, a
defendant thwar ts the crime); not when the act
does not apply this conspirator cannot be
commission of the solicited is factually impossible to
requirement if the convicted of
crime. commit.
conspiratorial crime is a conspiracy if all other - By withdrawing from the - abandonment defense
felony); and coconspirators are conspiracy at any time - available until the D has
- (ii) Remove the requirement acquitted at the same after it is formed by completed the actus reus
of "two or more persons," tr ial. - (i) giving notice to his (substantial step or
allowing unilater al co?conspirators or dangerous proximity)
conspiracies. - (ii) timely advising
M er ger legal authorities of the
existence of the
conspiracy.
- Note: There is no
- lesser-included offenses : requirement that the
lesser included offense defendant thwart the
merges into the greater one conspiracy.
- inchoate cr imes: inchoate
crimes merge into the
completed crime
- BUT conspir acy and a
completed offense do
NOT merge - can be
liable for BOTH
 Cr i me s ag ai ns t pe r s o n

False
Batter y Assault K idnapping Rape
I mpr isonment

Battery is the: Kidnapping is the: - Rape is:

- (i) Unlawful; - an attempted - (i) Unlawful; - (i) Unlawful;
- (ii) Application of force; batter y; or - (ii) Confinement of a person; - unlawful - (ii) Sexual intercourse;
- (iii) To another person; - intentionally placing - (iii) Against that person?s - confinement of - (iii) With a female;
- (iv) That causes bodily harm another in will; a person - (iv) Against her will by
to that person or constitutes apprehension of - (iv) Coupled with either the - without consent force or threat of
an offensive touching. imminent bodily movement or the hiding of immediate force.
- Note: Battery is a harm that person. - Rape is a general-intent
gener al-intent crime.
crime.
- most modern statutes are
gender-neutral and have
- A perpetrator need only move replaced the force
the victim a shor t requirement with lack of
distance? even a few consent.
feet? to satisfy the movement
element of kidnapping.
- BUT if the kidnapping occurs
incident to the commission of
another offense, then the - Consent obtained by fr aud
movement of the victim must in the inducement is a valid
be more than is necessar y to defense.
complete the other offense.* - Consent obtained by fr aud
- Otherwise, the perpetrator can in factum (i.e., regarding the
only be convicted of the other nature of the act itself) is not
offense? but not kidnapping. a valid defense.
 Re s po ns i bi l i t y

Competancy insanity intoxication

- M Naghten:
- A defendant?s incompetency is a - (1) D didnt know either: The involuntar y voluntar y
bar to trial. nature and quality of the act, or intoxication intoxication
- The test to determine competency is: the wrongfullness of the act
- 1. Whether the defendant - (2) because of a defect of reason
comprehends the nature of the due to mental disease
proceedings against him; and Taken without knowledge of
- ir resistible-impulse test - intentional taking of a substance
- 2. Whether the defendant has the the intoxicating nature or
- The defendant is not guilty if he known to be intoxicating
ability to consult with a lawyer under durress
lacked the capacity for - need not intend actual
with a reasonable self-control and free choice intoxication
- degree of rational understanding. because mental disease or defect
- determined at time of trial prevented him from being able to
- Involuntary intoxication is a
conform his conduct to the law
defense when the
- Dur ham: unlawful act was the
intoxication serves to negate
product of D's mental disease or
an element of the crime, - is a defense to a specific intent
defect (but for test)
including specific as well as crime if the intoxication prevents
- M PC: at time of conduct, D lacked
gener al intent cr imes and the formation of the required
substantial capacityto appreciate the
malice crimes. intent.
wrongfulness of the act or to conform
- Involuntary intoxication may - Under the MPC, it is a defense to
his conduct to law, as a result of
also be a defense to a strict crimes requiring a mental state of
mental disease or defect
liability crime by negating purposefully or knowingly when
the required actus reus (i.e., the intoxication prevents forming
voluntary act). that mental state.
- not a defense to crimes involving
malice, recklessness, or
negligence.
 De f e ns e s

M istake of Fact Duress consent

M istake of L aw
SEL F- DEFENSE

- May negate cirminal - a third party's unlawful

A mistake of law is only a - NOT a defense, unless it:
intent if an honest threat that causes D to
valid defense if - negates a required
mistake reasonably believe that
- (i) the D relied on a court elememt of crime, or
- Defense to specific Defense of the only way to avoid
decision/administrative Self-defense Defense of Other s - precludes the harm
intent crimes, even if proper ty death or serious bodily
order or official sought to be avoided by
unreasonable injury to himself or
inter pretation; the crime
- Defense to general intent another is to violate
- (ii) a statutory definition - consent must be:
or malice crimes, ONLY one who is not the the law, and that
of a malum prohibitum reasonable - voluntarily and freely
if reasonable aggressor is justified in the rights to defend causes D to do so,
crime was not available steps, given
using reasonable force others exists under allows D to claim
before the defendant's nondeadly - no fraud involved
against another person the same duress
conduct; or force, can be - given by a competent
to prevent immediate circumstances in - NOT a defense to
- (iii) an honestly held used to protect person
unlawful harm to which self-defense intentional murder
mistake of law negates property
himself would be acceptable
the required intent or
mental state.

For deadly force:

- M aj or ity r ule: No duty
to retreat Citizen's Ar rest Necessity
- M inor ity r ule: Duty
when safe retreat
available unless inside
one's home
- Non-deadly force: No
duty to retreat - forces of nature (NOT
- a civilian? even one
human actions) caused D
acting without police
to commit what would
direction? is justified in
otherwise be a crime
using reasonable force to
- not a defense if D set the
ar rest a per son who has
An initial aggressor can claim natural forces in motion
committed a crime (e.g.,
self-defense only if: (e.g. a fire) or if there is a
robbery) in the civilian's
(1) the aggressor's use of nondeadly reasonably apparent
presence.
force was met with deadly force or noncriminal alterntative
(2) the aggressor, in good faith,
completely withdrew from the
altercation and communicated that
fact to the victim.