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Criminal Law Cheat Sheet, Cheat Sheet of Criminal Law

Party Liability , Responsibility, Homicide, Crimes against Property and etc

Typology: Cheat Sheet

2020/2021

Uploaded on 04/27/2021

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Criminal Law Cheat Sheet
Party Liability
principal person who actually commits
the actus reus of the crime
Accomplice person who aids or abets the
principal prior to or during the
crime; must intend to help
principal; mere knowledge is
insufficient
Accomplice
Liability for
Other
Crimes
accomplice is liable for any
crimes that are the natural
and probable consequence of
the accomplice’s conduct
Withdrawal to legally withdraw, an
accomplice must repudiate
prior act, do all that is
possible to countermand prior
assistance, and do so before
the Chaim of motion is
unstoppable
Accessory
after the
fact
person who aids a felon to
avoid apprehension after the
felony is committed; must
know felony was committed
Responsibility- Insanity
M'Naughten The defendant is not guilty if,
because of a mental disease
or defect, the defendant did
not know either (i) the nature
and quality of the act, or (ii)
the wrongfulness of the act.
Responsibility- Insanity (cont)
Irresi
stible
Impulse
The defendant is not guilty if a
mental disease or defect
prevented him from being able to
conform his conduct to the law.
Durham
Rule
The defendant is not guilty if the
crime would not have been
committed but for the mental
disease or defect.
Model
Penal
Code
The defendant is not guilty if a
mental disease or defect either
prevents the defendant from
knowing the wrongfulness of the
conduct or prevents the
defendant from being able to
conform his conduct to the law
Responsibility- Intoxication
Voluntary is a defense to specific intent
crimes if the intoxication
prevents the formation of the
required intent; not a defense to
crimes involving malice, reckle
ssness, or negligence, or for
strict-liability crimes
Involu
ntary
Dissol
ution
defense to both general and
specific intent crimes, as well
as malice crimes when the
intoxication serves to negate an
element of the crime
Responsibility- Mistake of Fact
General
Intent
Only reasonable mistake may be
used as a defense
Specific
Intent
Any mistake of fact is a potential
defense; even unreasonable
mistakes
Homicide
Killing a
person
a living person must die
Causation Actual and Proximate Cause
(Intervening or Superseding
causes)
Common
Law
Murder
the unlawful killing of a human
being committed with malice
aforethought
Malice
aforet
hought
intent to kill, intent to inflict
serious bodily harm, reckless
indifference to an unjustifiably
high risk to human life, intent
to commit a felony
Felony
Murder
a defendant can be found
guilty for the unintended but
foreseeable killing that is
proximately caused by or
during the commission or
attempted commission of an
inherently dangerous felony;
BARRK
Defenses
to Felony
Murder
death was unforeseeable;
point of safety
Death of
a
bystander
(majority
rule)
defendant will not be liable for
the death of a bystander
caused by a police officer or
as a result of resistance by the
victim of the felony because
neither person is the felon’s
agent. KEY=agency
pf3

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Criminal Law Cheat Sheet

Party Liability

principal person who actually commits the actus reus of the crime

Accomplice person who aids or abets the principal prior to or during the crime; must intend to help principal; mere knowledge is insufficient

Accomplice Liability for Other Crimes

accomplice is liable for any crimes that are the natural and probable consequence of the accomplice’s conduct

Withdrawal to legally withdraw, an accomplice must repudiate prior act, do all that is possible to countermand prior assistance, and do so before the Chaim of motion is unstoppable

Accessory after the fact

person who aids a felon to avoid apprehension after the felony is committed; must know felony was committed

Responsibility- Insanity

M'Naughten The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act.

Responsibility- Insanity (cont) Irresi‐ stible Impulse

The defendant is not guilty if a mental disease or defect prevented him from being able to conform his conduct to the law. Durham Rule

The defendant is not guilty if the crime would not have been committed but for the mental disease or defect. Model Penal Code

The defendant is not guilty if a mental disease or defect either prevents the defendant from knowing the wrongfulness of the conduct or prevents the defendant from being able to conform his conduct to the law

Responsibility- Intoxication Voluntary is a defense to specific intent crimes if the intoxication prevents the formation of the required intent; not a defense to crimes involving malice, reckle‐ ssness, or negligence, or for strict-liability crimes Involu‐ ntary Dissol‐ ution

defense to both general and specific intent crimes, as well as malice crimes when the intoxication serves to negate an element of the crime

Responsibility- Mistake of Fact General Intent

Only reasonable mistake may be used as a defense Specific Intent

Any mistake of fact is a potential defense; even unreasonable mistakes

Homicide Killing a person

a living person must die

Causation Actual and Proximate Cause (Intervening or Superseding causes) Common Law Murder

the unlawful killing of a human being committed with malice aforethought Malice aforet‐ hought

intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk to human life, intent to commit a felony Felony Murder

a defendant can be found guilty for the unintended but foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony; BARRK Defenses to Felony Murder

death was unforeseeable; point of safety

Death of a bystander (majority rule)

defendant will not be liable for the death of a bystander caused by a police officer or as a result of resistance by the victim of the felony because neither person is the felon’s agent. KEY=agency

Homicide (cont)

Death of a co-felon

defendant will not be liable for the death of a co-felon if a victim or police officer kills the co-felon

First Degree Murder

Premeditated and deliberate

Premed‐ itated

defendant had enough time to plan and reflect on the idea of the killing

Deliberate made the decision to kill in a cool and dispassionate manner

Second Degree Murder

Homicide with necessary malicious intent (to kill, to do great bodily injury, or depraved heart)

Voluntary Mansla‐ ughter

murder committed in response to adequate provocation (heat of passion)

Provoc‐ ation

Objective: reasonable person would have been provoked (words not enough). Subjec‐ tive: defendant actually provoked

Time to cool off

Objective: There must not have been sufficient time for an ordinary (reasonable) person to cool off; Subjective: The defendant also must not have actually cooled off.

Homicide (cont) Involuntary Mansla‐ ughter

an unintentional homicide committed with criminal negligence or during an unlawful act Criminal Negligence

Grossly negligent action that puts another person at a significant risk of serious bodily injury or death. MPC also requires awareness Unlawful Act

unlawful act that does not rise to felony murder and a death occurs as a result

Other Crimes Against the Person Criminal Battery

The intentional unlawful application of force to another person that causes bodily harm to that person, or constitutes an offensive touching Criminal Assault

An attempt to commit a battery, or intentionally placing another in appreh‐ ension of imminent bodily harm Kidnapping The unlawful confinement of a person against that person’s will coupled with either movement or concea‐ lment of that person False Impris‐ onment

The unlawful confinement of a person without consent. Other person must be aware of confinement or must be harmed Rape Unlawful sexual intercourse with a person against his/her will by force or threat of immediate force.

Crimes Against Property Larceny The trespassory taking and carrying away of the personal property of another, without consent, with the specific intent to permanently deprive the owner of the property at the time of the taking Embezz‐ lement

The fraudulent conversion of the property of another by a person who is in lawful possession of the property False Pretenses

defendant obtains title to the property of another person through reliance of that person on a false representation of material fact made by the defendant with the intent to defraud. Representation must be false and material Robbery A larceny by force or intimi‐ dation when the taking of property is from the victim or in his presence Burglary he breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein

Inchoate Crimes Conspiracy An agreement between two or more people to accomplish an unlawful purpose with specific intent to agree and commit the criminal object + an overt act in furtherance of the conspiracy. NO merger