Crim

• Criminal liability


  Based on mens rea (state of mind), actus reus, concurrence, causation, and lack of defense
• Mens rea


  Can manifest as: General intent (GI) or Specific intent (SI). Desire of result regardless of likelihood. Knowledge that a result is substantially certain regardless of desire to bring it about. Deliberately ignorant willful blindness
• Negligence


  Objective. Recklessness is subjective, requiring awareness of a high degree of risk
• Criminal negligence


  Requires more than tortious negligence — unreasonable risk of injury to others
• Actus reus


  The voluntary act. Criminal responsibility may be based on omission to act where legal duty to act exists by, e.g., special relationship, contract, statute, creating the peril, voluntary assumption of duty
• Concurrence


  Between mental state and act: Intent actuates Δ's act, not the result
• Causation


  Δ's conduct must be the actual and proximate cause of the crime. An intervening act breaks chain of causation if independent of Δ's act or outside the foreseeable sphere of risk created by Δ
• Actual cause


  Result wouldn't have occurred "but for" Δ's act, or Δ's act was a substantial factor
• Proximate cause


  Result is a natural and probable consequence of the risk created by Δ's act
• Transferred intent


  Δ intends harm actually caused to a different victim. Intent transferred to new victim
• General intent (GI)


  Intent to do the prohibited act but not necessarily to accomplish a wrongful result
• Specific intent (SI)


  Intent to accomplish a particular result other than the act (e.g., intent to permanently deprive)
• Crimes requiring general intent

  • Battery
  • Rape
  • Involuntary manslaughter
  • Common law murder (without specific intent)
• Crimes requiring specific intent

  • Arson
  • Kidnapping
  • False imprisonment
  • Larceny, robbery
  • Burglary
  • Forgery
  • False pretenses
  • Embezzlement
  • Assault
  • 1° premeditated murder
  • Voluntary manslaughter
  • Inchoate crimes (solicitation, attempt, conspiracy, accomplice)
• General defenses


  • Involuntary intoxication
  • Reasonable mistake of fact
• Specific defenses


  • Involuntary intoxication
  • Voluntary intoxication
  • Unreasonable mistake of fact (in good faith)
• Murder at common law

  The unlawful killing (neither justifiable nor excusable) of another human being with malice aforethought. "Malice" may be express/implied, and is determined by intent
• Causation in homicide


  Δ's act must be cause in fact ("but for") and proximate cause of victim's death
• Proximate cause in homicide

  If the result is natural and probable cause of act, even if unanticipated. An act that hastens an inevitable result is still a proximate cause
• Simultaneous acts of 2+ people may be independently sufficient causes of a result</b>
• Acts of an innocent agent can be attributable to the principal
• First degree (1°) murder

  Express malice is shown by any length of premeditation and deliberation before the unlawful taking of a human life
• Premeditation


  Reflection on intent to kill ("Should I kill this person?")
• Deliberation


  Decision to kill in cool and dispassionate manner ("What about the consequences?")
• Felony murder (1°)


  Any death caused in commission or attempted commission (substantial step toward completion) of a felony (such as BARRK) is 1° felony murder. Malice is implied from intent to commit the underlying felony. Resulting death must be a foreseeable result of the felony, but distinct from the felony
• Felony murder duration


  Felony starts when Δ could be convicted of its attempt, ends when Δ reaches "temporary safety"
• Δ may still be guilty if the act that kills occurs before/during flight from scene and V dies after flight, if there is a close causal relationship between underlying felony and death
• Co-felon liability in felony murder

  When killing occurs during an IDF, one is liable for killing by an accomplice if the criminal acts could foreseeably result in death, and death occurs in furtherance of the felony
• Felony murder theories


  • Proximate cause theory (less lenient): All co-felons are liable for any death (caused by anyone) proximately caused by Δ's acts in furtherance of the felony
  • Agency theory (more lenient) (default/majority rule): FM only if a killing is done by a co-felon (an agent). EXCEPTION: Victim used as shield or forced into danger → FM
• If bystander accidentally killed by PO during shootout, FM under proximate cause theory, likely no FM under agency theory
• If a felon intentionally kills a co-felon, not a "foreseeable" result, likely no FM
• Redline limitation (co-felon death)


  In most jx, Δ not liable for FM if killing is justifiable or excusable, i.e., if police, victim, or bystander kills a co-felon, or co-felon kills self
• Manslaughter (MS)


  An unlawful killing without malice (intent may still be there)
• Voluntary MS


  Intentional killing resulting from adequate provocation (uncooled heat of passion)
• Adequate provocation


  Enough to excite sudden, uncontrollable passion such that a reasonable person would lose self-control (e.g., moment of discovering infidelity, threat of deadly force) + Δ was actually provoked
• Cooling off


  Not enough time between Δ's heat of passion and the killing for a reasonable person provoked in same way to cool off + Δ did not cool off
• Imperfect self-defense


  Δ had honest but unreasonable belief that deadly force was necessary (doesn't qualify as full self-defense), or Δ was at fault in starting fight
• Involuntary MS


  Unintentional killing caused by recklessness (criminal negligence) or foreseeably caused during a misdemeanor manslaughter (misdemeanor or non-IDF felony)
• Misfeasance (involuntary homicide)


  One with a legal duty to act may be guilty of murder for failing to act
• One cannot give legally valid consent to death or serious bodily injury