30 terms
BarBri Criminal Law
Jurisdiction
A state retains jurisdiction where the act, or results of the act occurred in that state.
CL MENTAL STATES
1. Specific Intent
2. Malice
3. General Intent
2. Malice
3. General Intent
11 Specific Intent Crimes
1. Assault
2. First Degree Murder
3. Burglary
4. Robbery (not specific intent in NV)
5. Larceny
6. Embezzlement
7. Forgery
8. False Pretenses
9. Attempt
10. Conspiracy
11. Solicitation
2. First Degree Murder
3. Burglary
4. Robbery (not specific intent in NV)
5. Larceny
6. Embezzlement
7. Forgery
8. False Pretenses
9. Attempt
10. Conspiracy
11. Solicitation
Assault
1.Attempted Battery OR
2. Volitional Act causing imminent apprehension of harmful or offensive contact in the person of another.
NV Distinction: Only number 2 applies.
2. Volitional Act causing imminent apprehension of harmful or offensive contact in the person of another.
NV Distinction: Only number 2 applies.
Aggravated Assault
Assault plus:
1. Deadly or dangerous weapon
2. Assault with the intent to (a) rape (b) maim (c) murder
1. Deadly or dangerous weapon
2. Assault with the intent to (a) rape (b) maim (c) murder
First Degree Murder
1. Deliberate and Premeditated Murder of another human being with malice aforethought.
2. Felony Murder
NV Distinction: Adds " Killing committed whilst trying to escape or prevent a lawful arrest by a police officer"
2. Felony Murder
NV Distinction: Adds " Killing committed whilst trying to escape or prevent a lawful arrest by a police officer"
CL Burglary
Breaking and entering the dwelling house of another, at night, with the intent to commit a felony therein.
Entrance of any body part is enough for "entering"
Dwelling house is a place where someone regularly sleeps.
"Breaking" can be by fraud or threat. Just pushing open a door suffices though going through an open window does not.
Entrance of any body part is enough for "entering"
Dwelling house is a place where someone regularly sleeps.
"Breaking" can be by fraud or threat. Just pushing open a door suffices though going through an open window does not.
Malice Aforethought
1. Intent to Kill
2. Intent to cause GBH
3. Depraved Heart Murder (reckless disregard and unjustifiable endangerment of a human life.)
4. Intent to commit a Felony
.
2. Intent to cause GBH
3. Depraved Heart Murder (reckless disregard and unjustifiable endangerment of a human life.)
4. Intent to commit a Felony
.
Robbery
Larceny from another's person or presence, by use of force or immediate threat.
"Force" is defined as anything sufficient to overcome resistance.
"Presence" is defined broadly. Expands to larceny of a person's house while person is inside.
**Note: must be IMMEDIATE THREAT.
Threat of FUTURE injury = extortion
Threat of embarrassment = blackmail
"Force" is defined as anything sufficient to overcome resistance.
"Presence" is defined broadly. Expands to larceny of a person's house while person is inside.
**Note: must be IMMEDIATE THREAT.
Threat of FUTURE injury = extortion
Threat of embarrassment = blackmail
Larceny
The trespassory taking and carrying away of another's property with the intent to permanently deprive thereof.
Intent to take must be concurrent with the taking. However, if not concurrent, continuing trespass rule applies and constructive larceny is established.
Possession must be invalid, or else it is embezzlement and not larceny.
Intent to take must be concurrent with the taking. However, if not concurrent, continuing trespass rule applies and constructive larceny is established.
Possession must be invalid, or else it is embezzlement and not larceny.
Continuing Trespass Rule
Even though a person only forms the intent to steal after taking of the property, it is still considered larceny.
NV Distinctions Burglary
Same as CL but no "night" requirement and no "dwelling" requirement-- Can be any "protected structure."
Expands crimes list from just felony to: grand and petit larceny, assault, and battery.
Expands crimes list from just felony to: grand and petit larceny, assault, and battery.
Embezzlement
Conversion of another's property when the person is already in lawful possession of the property, with the intent to defraud.
Possession must be more than mere custody (bank teller v.s. bank manager)
Intent to defraud may be negated if D intends to put the exact property back in the exact same form. However, money is not fungible.
Possession must be more than mere custody (bank teller v.s. bank manager)
Intent to defraud may be negated if D intends to put the exact property back in the exact same form. However, money is not fungible.
Forgery
The making or altering of a writing so that it is false, with the intent to defraud.
Uttering
Presenting a forged instrument, as genuine, with the intent to defraud.
False Pretenses
Obtaining TITLE to the personal property of another with an intentionally false statement with intent to defraud
False statement must be present or past, CANNOT be future statement. Court considers future statements as caveat emptor.
False statement must be present or past, CANNOT be future statement. Court considers future statements as caveat emptor.
Larceny By Trick
Obtaining possession to the personal property of another with an intentionally false statement with intent to defraud.
Conspiracy
An agreement, between 2 or more parties, to commit an unlawful act.
"Agreement" requires meeting of the minds, specific intent, and an overt act in furtherance of the conspiracy.
"overt act" any little act is sufficient.
Liability: All co-conspirators are liable for all crimes committed in furtherance of the conspiracy so long as it was foreseeable. However, not responsible for crimes committed after withdrawal.
Unilateral MPC Approach: Doesn't require more than 1 person. Other guy can be an undercover cop.
"Agreement" requires meeting of the minds, specific intent, and an overt act in furtherance of the conspiracy.
"overt act" any little act is sufficient.
Liability: All co-conspirators are liable for all crimes committed in furtherance of the conspiracy so long as it was foreseeable. However, not responsible for crimes committed after withdrawal.
Unilateral MPC Approach: Doesn't require more than 1 person. Other guy can be an undercover cop.
Conspiracy - Acquittal Rule
If all co-conspirators have been acquitted, then the remaining co-conspirator cannot be found guilty of conspiring.
Solicitation
Asking another person to commit a crime with the intent that the crime be committed.
Attempt
CL Attempt: When D comes "dangerously close" to committing the crime.
MPC Approach: Conduct that is (1) a "substantial step" toward committing the crime and (2) "strongly corroborative" of the criminal purpose.
NV Distinction: Conduct must go beyond mere preparation and tend to accomplish the crime.
MPC Approach: Conduct that is (1) a "substantial step" toward committing the crime and (2) "strongly corroborative" of the criminal purpose.
NV Distinction: Conduct must go beyond mere preparation and tend to accomplish the crime.
Malice
Malice occurs where D acts intentionally or with reckless disregard of an obvious or known risk.
2 type of malice crimes
1. Murder
2. Arson
2 type of malice crimes
1. Murder
2. Arson
CL Murder
The unlawful killing of another human being with malice aforethought.
Malice may be established by:
1. Intent to Kill
2. Intent to inflict GBH
3. Depraved Heart Murder
4. Felony Murder
Malice may be established by:
1. Intent to Kill
2. Intent to inflict GBH
3. Depraved Heart Murder
4. Felony Murder
Second Degree Murder
1. Unlawful killing of a human being with Express or implied malice aforethought
a. Express: Deliberate intention
b. Implied: without provocation or with a malignant heart
OR
3. Caused by a controlled substance
a. Express: Deliberate intention
b. Implied: without provocation or with a malignant heart
OR
3. Caused by a controlled substance
Felony Murder
Any killing, even an accidental killing, that occurs during the commission of a felony so long as it is foreseeable.
Defense to underlying felony can be defense to FM.
Safe Haven: "Commission" period for a felony ends once D reaches temporary safety.
Death of a co-felon is not FM.
NV Distinction: The prosecution may still bring FM if the underlying felony was dismissed due to insufficient evidence.
Defense to underlying felony can be defense to FM.
Safe Haven: "Commission" period for a felony ends once D reaches temporary safety.
Death of a co-felon is not FM.
NV Distinction: The prosecution may still bring FM if the underlying felony was dismissed due to insufficient evidence.
Voluntary Manslaughter
The unlawful killing of another human being without malice or deliberation, upon a sudden heat of passion, inspired by reasonable provocation, without sufficient interval for reason to assert.
Involuntary Manslaughter
1. Killing of criminal negligence (CL)
NV Distinction: unintentional killing of a human being without malice or deliberation, as a result of
(a) criminal negligence
(b) an unlawful act which doe snot naturally tend to result in death. Cannot be committed during a felony.
NV Distinction: unintentional killing of a human being without malice or deliberation, as a result of
(a) criminal negligence
(b) an unlawful act which doe snot naturally tend to result in death. Cannot be committed during a felony.
Arson
Malicious burning of any structure or dwelling.
Charring is the minimum standard for arson though peeling paint is not enough.
NV Distinction: Willful and malicious burning or causing to be burned or aiding/counseling, the burning of another dwelling, structure, or personal property worth more than $24 capable of occupation. The owner of the property itself is not exempt.
Charring is the minimum standard for arson though peeling paint is not enough.
NV Distinction: Willful and malicious burning or causing to be burned or aiding/counseling, the burning of another dwelling, structure, or personal property worth more than $24 capable of occupation. The owner of the property itself is not exempt.
General intent
D need only be generally aware of the factors constituting the crime.
Robbery
taking of personal property from another, against their will, by force or threats, with the intent to permanently deprive thereof.
NV does NOT require intent to deprive permanently and DOES NOT require threat to be immediate.
NV does NOT require intent to deprive permanently and DOES NOT require threat to be immediate.