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Party Liability , Responsibility, Homicide, Crimes against Property and etc
Typology: Cheat Sheet
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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