Crim Cheat Sheet
- Justification for Punishment
 - Retribution
 - Deterrence
 - Specific deterrence
 - General deterrence
 - Incapacitation (protection)
 - Reform/Rehabilitation
 - Constitutional Protections
 - Principle of Legality
 - Void for vagueness doctrine
 - Fair warning/notice
 - prohibition against retroactive laws
 - Privacy
 - Actus reus
 - Must be voluntary (excludes automatism)
 - Omissions as an “Act”
 - legal duty to act:
 - statute
 - contractual r’ship
 - status r’ship
 - voluntary assumption of care
 - creation of peril
 - knowledge of facts giving rise to duty
 - reasonably possible to perform
 - Mens rea
 - General intent (i.e. statutory rape, assault in CA)
 - strict liability
 - vicarious liability
 - acting w/in scope of employment
 - superior agent
 - Specific intent (i.e. solicitation, attempt, accessory, conspiracy, assault in NY, larceny, robbery, burglary)
 - Elements:
 - intent
 - knowledge
 - recklessness
 - negligence
 - Concurrence of actus rea & mens rea
 - Causation
 - Proportionality
 - Criminal law v. civil law
 - Moral stigma
 - No statute of limitations
 - No contributory negligence
 - Strict proximate causation requirement
 - Scarce use of SL
 - Concern w/ moral harms to self/others
 - Accessory
 - Before or during the act
 - Actus reus
 - causal significance
 - includes omissions if purpose is to facilitate a crime
 - except in NY – must convict under facilitation instead
 - Mens rea
 - Knowledge
 - mere knowledge not enough unless:
 - “stake in venture”
 - intent
 - mere presence not enough, must be evid of encouragement
 - NY – must have same mens rea as principal (includes negligence)
 - US, CA – liable for all reasonable foreseeable acts of principal (US v. Fountain; People v. Luparello)
 - same punishment as principal, but may be get mitigation (20.15)
 - UK – accessory can even get higher punishment (Regina v. Richards)
 - Exclusions from liability
 - Members of protected class
 - Police officers acting w/in scope of duty (35.05(1))
 - Withdrawal (40.10)
 - Repudiation [of encouragement]
 - Neutralization [of material assistance]
 - Notify authorities (prior alts impossible)
 - Must occur before commission of crime is unstoppable
 - After the Fact (205.50, 205.65)
 - Usually lower punishment
 - Facilitation – if accessorial liability won’t work
 - Facilitates commission of a felony
 - Causal significance
 - Inchoate Offenses
 - Solicitation
 - Merger if crime is consummated
 - Actus reus – inciting, counseling, advising, inducing, urging or commanding
 - Mens rea – Intent that person solicited commit the crime
 - Generally no withdrawal/renunciation defense
 - If acts go far enough, may be attempt
 - Attempt
 - Merger if crime is consummated
 - Conspiracy
 - No merger, however:
 - Gebardi Rule
 - Wharton Rule (i.e. adultery, dueling, sale of contraband, incest, bigamy)
 - Narrowed by Ianelli v. US
 - liability for consummated offense if:
 - crimes committed in furtherance of objs of the conspiracy
 - crimes were “natural & probable consequence” of the conspiracy
 - elements:
 - intent
 - can be inferred from conduct
 - mere knowledge not enough, unless (see People v. Lauria)
 - stake in venture
 - no legit use of goods
 - disproportionate to any legit demand
 - agreement
 - express or
 - concert of action
 - hearsay exception
 - unilateral conspiracy (not necessarily in Fed – US v. Escobar de Bright)
 - overt act
 - Fed: Pinkerton rule - an overt act of one partner may be the act of all without any new agreement specifically directed to that act
 - NY (& most states): No to Pinkerton; while co-conspirator’s act can be evid of D’s conspiracy, can’t impute D w/ liability absent showing of mens rea
 - US cts split on whether certain crimes necessitate overt act
 - Most states will do away w/ overt act if crime is substantive enough (BUT NOTNY)
 - constitutional restrictions (i.e. free speech)
 - chain (one large) conspiracy
 - all members are interested in same obj (essential features, broad scope)
 - spoke (multiple) conspiracies
 - each member is self-interested; no stake in other spokes
 - Proportionality
 - Fed: sentence cannot be higher than target crime
 - CA: sentence can be higher than target crime
 - NY: sentence is less than target crime w/ one exception (105.17)
 - Termination
 - abandonment – statuteof limitations runs when conspiracy is terminated
 - concealment – not suff to make part of conspiracy unless exists direct evid that parties specifically agreed, prior to commission of the crime, that they would act in a certain way to conceal the crime
 - Defenses
 - impossibility – no defense
 - withdrawal – generally no defense
 - Fed: co-conspirator must affirmatively notify all members in time for possible abandonment
 - NY: co-conspirator must affirmatively prevent commission of the crime (40.10(4))
 - RICO
 - enterprise
 - pattern
 - conduct & participation
 - operation & mgmt test
 - Attempt
 - Merger w/ consummated offense
 - Specific intent (no neg)
 - SL – reqs intent to commit the SL crime
 - Overt act – beyond mere preparation
 - NY: Proximity test – dangerously close to success (People v. Rizzo)
 - UK: first step [in poison case] (R v. White)
 - CA: equivocality test – acts bespeak intent
 - Most Fed: substantial step test – strongly corroborative of intent
 - Defenses
 - Abandonment – generally no defense
 - Withdrawal – only if:
 - fully voluntary – not because of diff or risk of apprehension
 - complete abandonment for purposes of renunciation
 - NY: complete & voluntary renunciation w/ abandonment or prevention (40.10(3))
 - Substantive crimes of preparation
 - Burglary (14o.35)
 - Assault under CA(NOT IN NY)
 - Excuses
 - Duress (Art. 40)
 - Imminent danger w/ no reasonable opportunity to get out
 - Unlawful force upon him or 3d person
 - Reasonable person could not resist
 - Homicide:
 - UK: no defense
 - US: jury question
 - no defense if one intentionally or recklessly puts oneself in the situation (i.e. gang membership)
 - Intoxication
 - Any substance (i.e. alcohol, drugs, medicine)
 - Defense when negatives element of a crime
 - Voluntary intoxication
 - defense limited to specific intent crimes
 - not available if done purposely to establish the defense
 - not defense to crimes requiring malice, recklessness, neg or SL
 - Involuntary intoxication – like insanity
 - lacks knowledge of substance
 - substance taken under direct duress
 - substance taken pursuant to medical advice, while unaware of intoxicating effect
 - UK – no exculpation; this is diminished capacity, therefore only mitigation (Regina v. Kingston)
 - Insanity
 - M’Naughten Rule (The Standard)
 - mental disease/ defect
 - some jurisDs exclude sociopath/psychopath
 - lacked requisite intent at the time to:
 - understand nature/quality of actions
 - know wrongfulness or actions
 - delusions – liable if, even assuming D’s situation, would still be a crime
 - irresistible impulse test
 - unable to control actions or
 - conform conduct to law
 - Durham test
 - product of mental disease/defect – free reign to shrinks
 - ALI test
 - mental disease/defect
 - lacked substantial capacity to:
 - appreciate wrongfulness of conduct or
 - conform conduct to law
 - burden of proof
 - affirmative defense (40.15)
 - NY: preponderance of the evid (25.00(2))
 - Fed: clear & convincing evid
 - Sentence
 - commitment until cured
 - can be longer than max period of incarceration (including indefinite)
 - mental condition at time of criminal proceedings
 - incompetency to stand trial
 - unable to understand nature of proceedings
 - unable to assist in preparation of his defense
 - incompetency at time of execution
 - unable to understand nature & purpose of punishment
 - bifurcated trial (CA)
 - Automatism (epilepsy, seizure, sleepwalking)
 - Induced condition (similar to intoxication; no mental disease/defect)
 - UK: no defense; must plead insanity
 - Diminished Capacity(medical condition short of insanity)
 - exists mostly in UK, where don’t have voluntary manslaughter
 - appliesto specific intent crimes only
 - Justification
 - Self Defense
 - Nondeadly force – person only entitled to use force as reasonably appears necessary
 - Deadly force
 - w/o fault
 - attacker using unlawful force (deadly weapon)
 - threat of imminent death or great bodily harm
 - retreat rule (35.15(2)(a)), not necessary if:
 - cannot be made in complete safety
 - attack occurs in victim’s home
 - attack occurs while victim is making lawful arrest
 - assailant is the process of robbing victim
 - Right of aggressor to use self-defense
 - withdrawal – removes from fight & communicates intent to remove oneself to other party
 - sudden escalation – initial victim escalates minor fight into one of deadly force w/o chance for aggressor to withdraw
 - defense of another
 - some Fed: alter ego rule (People v. Young)
 - CA: imperfect self-defense
 - D covered even if reckless or negligent
 - defense of one’s dwelling
 - deadly force generally ok
 - CA: may only use deadly force if there is reasonably belief of imminent harm
 - BWS
 - controversial; definitely no defense if hire a hitman
 - crime prevention
 - deadly force can only be used in case of a dangerous felony involving risk to human life (35.30(4)(b))
 - effectuation an arrest
 - police officer
 - deadly force is reasonable only when felon threatens death or serious bodily harm & such force is necessary to prevent escape
 - private person
 - nondeadly force
 - crime in fact committed
 - reasonable belief person has in fact committed the crime
 - deadly force
 - person harmed actually guilty of the crime
 - resisting arrest
 - ok w/ deadly force if necessary, if does not know person is police
 - once know it is police; can’t resist
 - Necessity (choice of evils)
 - Legitimacy of means
 - Favorable balance of evils – objective test
 - Entrapment
 - Criminal design originated w/ law enforcement
 - D not predisposed to commit the crime prior to initial gov contact
 - Homicide
 - Murder
 - Intent to kill (malice aforethought in CA)
 - presumed if using deadly weapon
 - Depraved heart
 - awareness of the risk
 - gravity of the harm is high
 - probability of harm is high
 - no legit purpose
 - Felony Murder
 - Person must be guilty of underlying felony
 - Felony must be independent of killing
 - CA: merges burglary w/ assault; NY, UK does not
 - Foreseeability of death
 - Termination of felony once felon has reached place of “temporary safety”
 - CA: FM limited to inherently dangerous felonies
 - Redline view (NY):
 - no liability for murder based upon death of co-felon from resistance by victim or police pursuit
 - Agency theory (CA):
 - D or cofelon must have caused the killing (no liability for killing by victim or police)
 - Proximate cause theory (NY)
 - Rather than agency rule, D is liable for killing no matter who did it, as long as it was a foreseeable risk of the felony
 - Voluntary manslaughter
 - Provocation
 - sudden & intent such that ordinary person would lose control
 - in fact provoked
 - not sufficient cooling time
 - D in fact did not cool
 - Adequate provocation
 - serious battery or threat of deadly force
 - discovering spouse in bed w/ another person
 - Inadequate provocation
 - mere words
 - Diminished responsibility
 - NY: emotional disturbance (as person believed circums to be)
 - UK: looks at reasonable person objectively
 - Involuntary manslaughter
 - Criminal (gross) negligence
 - high level gravity of the harm
 - high probability of the harm
 - Recklessness
 - negligence
 - awareness
 - Misdemeanor-manslaughter rule, limitations:
 - malum in se v. malum prohibitum
 - inherently dangerous
 - death foreseeable or natural consequence of unlawful conduct
 - Non-predicate felony under FM
 - Deliberation & premeditation (NOT IN NY)
 - CA – necessary for 1st degree
 - planning activity
 - prior r’ship showing motive
 - nature/manner of killing evidencing preconceived design
 - Causation
 - Simultaneous acts – each sufficient cause for liability
 - Preexisting condition – D takes victim as he finds him
 - Rape
 - Old CL rule
 - Absence of material r’ship (separation may not suffice)
 - Force
 - CA: broader conception than NY (i.e. violence, duress, menace, fear of unlawful bodily injury on person or another)
 - Penetration
 - Lack of consent
 - Presumed under statutory rape
 - Sex by force/threats
 - Incapable of consent (i.e unconsciousness)
 - Fraud in the factum (not in the inducement)
 - Defense
 - D must prove he either knew D was absent
 - Otherwise, reckless for being willing to proceed wilily-nilly
 
