Crim Cheat Sheet

  1. Justification for Punishment
  2. Retribution
  3. Deterrence
  4. Specific deterrence
  5. General deterrence
  6. Incapacitation (protection)
  7. Reform/Rehabilitation
  8. Constitutional Protections
  9. Principle of Legality
  10. Void for vagueness doctrine
  11. Fair warning/notice
  12. prohibition against retroactive laws
  13. Privacy
  14. Actus reus
  15. Must be voluntary (excludes automatism)
  16. Omissions as an “Act”
  17. legal duty to act:
  18. statute
  19. contractual r’ship
  20. status r’ship
  21. voluntary assumption of care
  22. creation of peril
  23. knowledge of facts giving rise to duty
  24. reasonably possible to perform
  25. Mens rea
  26. General intent (i.e. statutory rape, assault in CA)
  27. strict liability
  28. vicarious liability
  29. acting w/in scope of employment
  30. superior agent
  31. Specific intent (i.e. solicitation, attempt, accessory, conspiracy, assault in NY, larceny, robbery, burglary)
  32. Elements:
  33. intent
  34. knowledge
  35. recklessness
  36. negligence
  37. Concurrence of actus rea & mens rea
  38. Causation
  39. Proportionality
  40. Criminal law v. civil law
  41. Moral stigma
  42. No statute of limitations
  43. No contributory negligence
  44. Strict proximate causation requirement
  45. Scarce use of SL
  46. Concern w/ moral harms to self/others
  47. Accessory
  48. Before or during the act
  49. Actus reus
  50. causal significance
  51. includes omissions if purpose is to facilitate a crime
  52. except in NY – must convict under facilitation instead
  53. Mens rea
  54. Knowledge
  55. mere knowledge not enough unless:
  56. “stake in venture”
  57. intent
  58. mere presence not enough, must be evid of encouragement
  59. NY – must have same mens rea as principal (includes negligence)
  60. US, CA – liable for all reasonable foreseeable acts of principal (US v. Fountain; People v. Luparello)
  61. same punishment as principal, but may be get mitigation (20.15)
  62. UK – accessory can even get higher punishment (Regina v. Richards)
  63. Exclusions from liability
  64. Members of protected class
  65. Police officers acting w/in scope of duty (35.05(1))
  66. Withdrawal (40.10)
  67. Repudiation [of encouragement]
  68. Neutralization [of material assistance]
  69. Notify authorities (prior alts impossible)
  70. Must occur before commission of crime is unstoppable
  71. After the Fact (205.50, 205.65)
  72. Usually lower punishment
  73. Facilitation – if accessorial liability won’t work
  74. Facilitates commission of a felony
  75. Causal significance
  76. Inchoate Offenses
  77. Solicitation
  78. Merger if crime is consummated
  79. Actus reus – inciting, counseling, advising, inducing, urging or commanding
  80. Mens rea – Intent that person solicited commit the crime
  81. Generally no withdrawal/renunciation defense
  82. If acts go far enough, may be attempt
  83. Attempt
  84. Merger if crime is consummated
  85. Conspiracy
  86. No merger, however:
  87. Gebardi Rule
  88. Wharton Rule (i.e. adultery, dueling, sale of contraband, incest, bigamy)
  89. Narrowed by Ianelli v. US
  90. liability for consummated offense if:
  91. crimes committed in furtherance of objs of the conspiracy
  92. crimes were “natural & probable consequence” of the conspiracy
  93. elements:
  94. intent
  95. can be inferred from conduct
  96. mere knowledge not enough, unless (see People v. Lauria)
  97. stake in venture
  98. no legit use of goods
  99. disproportionate to any legit demand
  100. agreement
  101. express or
  102. concert of action
  103. hearsay exception
  104. unilateral conspiracy (not necessarily in Fed – US v. Escobar de Bright)
  105. overt act
  106. Fed: Pinkerton rule - an overt act of one partner may be the act of all without any new agreement specifically directed to that act
  107. 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
  108. US cts split on whether certain crimes necessitate overt act
  109. Most states will do away w/ overt act if crime is substantive enough (BUT NOTNY)
  110. constitutional restrictions (i.e. free speech)
  111. chain (one large) conspiracy
  112. all members are interested in same obj (essential features, broad scope)
  113. spoke (multiple) conspiracies
  114. each member is self-interested; no stake in other spokes
  115. Proportionality
  116. Fed: sentence cannot be higher than target crime
  117. CA: sentence can be higher than target crime
  118. NY: sentence is less than target crime w/ one exception (105.17)
  119. Termination
  120. abandonment – statuteof limitations runs when conspiracy is terminated
  121. 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
  122. Defenses
  123. impossibility – no defense
  124. withdrawal – generally no defense
  125. Fed: co-conspirator must affirmatively notify all members in time for possible abandonment
  126. NY: co-conspirator must affirmatively prevent commission of the crime (40.10(4))
  127. RICO
  128. enterprise
  129. pattern
  130. conduct & participation
  131. operation & mgmt test
  132. Attempt
  133. Merger w/ consummated offense
  134. Specific intent (no neg)
  135. SL – reqs intent to commit the SL crime
  136. Overt act – beyond mere preparation
  137. NY: Proximity test – dangerously close to success (People v. Rizzo)
  138. UK: first step [in poison case] (R v. White)
  139. CA: equivocality test – acts bespeak intent
  140. Most Fed: substantial step test – strongly corroborative of intent
  141. Defenses
  142. Abandonment – generally no defense
  143. Withdrawal – only if:
  144. fully voluntary – not because of diff or risk of apprehension
  145. complete abandonment for purposes of renunciation
  146. NY: complete & voluntary renunciation w/ abandonment or prevention (40.10(3))
  147. Substantive crimes of preparation
  148. Burglary (14o.35)
  149. Assault under CA(NOT IN NY)
  150. Excuses
  151. Duress (Art. 40)
  152. Imminent danger w/ no reasonable opportunity to get out
  153. Unlawful force upon him or 3d person
  154. Reasonable person could not resist
  155. Homicide:
  156. UK: no defense
  157. US: jury question
  158. no defense if one intentionally or recklessly puts oneself in the situation (i.e. gang membership)
  159. Intoxication
  160. Any substance (i.e. alcohol, drugs, medicine)
  161. Defense when negatives element of a crime
  162. Voluntary intoxication
  163. defense limited to specific intent crimes
  164. not available if done purposely to establish the defense
  165. not defense to crimes requiring malice, recklessness, neg or SL
  166. Involuntary intoxication – like insanity
  167. lacks knowledge of substance
  168. substance taken under direct duress
  169. substance taken pursuant to medical advice, while unaware of intoxicating effect
  170. UK – no exculpation; this is diminished capacity, therefore only mitigation (Regina v. Kingston)
  171. Insanity
  172. M’Naughten Rule (The Standard)
  173. mental disease/ defect
  174. some jurisDs exclude sociopath/psychopath
  175. lacked requisite intent at the time to:
  176. understand nature/quality of actions
  177. know wrongfulness or actions
  178. delusions – liable if, even assuming D’s situation, would still be a crime
  179. irresistible impulse test
  180. unable to control actions or
  181. conform conduct to law
  182. Durham test
  183. product of mental disease/defect – free reign to shrinks
  184. ALI test
  185. mental disease/defect
  186. lacked substantial capacity to:
  187. appreciate wrongfulness of conduct or
  188. conform conduct to law
  189. burden of proof
  190. affirmative defense (40.15)
  191. NY: preponderance of the evid (25.00(2))
  192. Fed: clear & convincing evid
  193. Sentence
  194. commitment until cured
  195. can be longer than max period of incarceration (including indefinite)
  196. mental condition at time of criminal proceedings
  197. incompetency to stand trial
  198. unable to understand nature of proceedings
  199. unable to assist in preparation of his defense
  200. incompetency at time of execution
  201. unable to understand nature & purpose of punishment
  202. bifurcated trial (CA)
  203. Automatism (epilepsy, seizure, sleepwalking)
  204. Induced condition (similar to intoxication; no mental disease/defect)
  205. UK: no defense; must plead insanity
  206. Diminished Capacity(medical condition short of insanity)
  207. exists mostly in UK, where don’t have voluntary manslaughter
  208. appliesto specific intent crimes only
  209. Justification
  210. Self Defense
  211. Nondeadly force – person only entitled to use force as reasonably appears necessary
  212. Deadly force
  213. w/o fault
  214. attacker using unlawful force (deadly weapon)
  215. threat of imminent death or great bodily harm
  216. retreat rule (35.15(2)(a)), not necessary if:
  217. cannot be made in complete safety
  218. attack occurs in victim’s home
  219. attack occurs while victim is making lawful arrest
  220. assailant is the process of robbing victim
  221. Right of aggressor to use self-defense
  222. withdrawal – removes from fight & communicates intent to remove oneself to other party
  223. sudden escalation – initial victim escalates minor fight into one of deadly force w/o chance for aggressor to withdraw
  224. defense of another
  225. some Fed: alter ego rule (People v. Young)
  226. CA: imperfect self-defense
  227. D covered even if reckless or negligent
  228. defense of one’s dwelling
  229. deadly force generally ok
  230. CA: may only use deadly force if there is reasonably belief of imminent harm
  231. BWS
  232. controversial; definitely no defense if hire a hitman
  233. crime prevention
  234. deadly force can only be used in case of a dangerous felony involving risk to human life (35.30(4)(b))
  235. effectuation an arrest
  236. police officer
  237. deadly force is reasonable only when felon threatens death or serious bodily harm & such force is necessary to prevent escape
  238. private person
  239. nondeadly force
  240. crime in fact committed
  241. reasonable belief person has in fact committed the crime
  242. deadly force
  243. person harmed actually guilty of the crime
  244. resisting arrest
  245. ok w/ deadly force if necessary, if does not know person is police
  246. once know it is police; can’t resist
  247. Necessity (choice of evils)
  248. Legitimacy of means
  249. Favorable balance of evils – objective test
  250. Entrapment
  251. Criminal design originated w/ law enforcement
  252. D not predisposed to commit the crime prior to initial gov contact
  253. Homicide
  254. Murder
  255. Intent to kill (malice aforethought in CA)
  256. presumed if using deadly weapon
  257. Depraved heart
  258. awareness of the risk
  259. gravity of the harm is high
  260. probability of harm is high
  261. no legit purpose
  262. Felony Murder
  263. Person must be guilty of underlying felony
  264. Felony must be independent of killing
  265. CA: merges burglary w/ assault; NY, UK does not
  266. Foreseeability of death
  267. Termination of felony once felon has reached place of “temporary safety”
  268. CA: FM limited to inherently dangerous felonies
  269. Redline view (NY):
  270. no liability for murder based upon death of co-felon from resistance by victim or police pursuit
  271. Agency theory (CA):
  272. D or cofelon must have caused the killing (no liability for killing by victim or police)
  273. Proximate cause theory (NY)
  274. 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
  275. Voluntary manslaughter
  276. Provocation
  277. sudden & intent such that ordinary person would lose control
  278. in fact provoked
  279. not sufficient cooling time
  280. D in fact did not cool
  281. Adequate provocation
  282. serious battery or threat of deadly force
  283. discovering spouse in bed w/ another person
  284. Inadequate provocation
  285. mere words
  286. Diminished responsibility
  287. NY: emotional disturbance (as person believed circums to be)
  288. UK: looks at reasonable person objectively
  289. Involuntary manslaughter
  290. Criminal (gross) negligence
  291. high level gravity of the harm
  292. high probability of the harm
  293. Recklessness
  294. negligence
  295. awareness
  296. Misdemeanor-manslaughter rule, limitations:
  297. malum in se v. malum prohibitum
  298. inherently dangerous
  299. death foreseeable or natural consequence of unlawful conduct
  300. Non-predicate felony under FM
  301. Deliberation & premeditation (NOT IN NY)
  302. CA – necessary for 1st degree
  303. planning activity
  304. prior r’ship showing motive
  305. nature/manner of killing evidencing preconceived design
  306. Causation
  307. Simultaneous acts – each sufficient cause for liability
  308. Preexisting condition – D takes victim as he finds him
  309. Rape
  310. Old CL rule
  311. Absence of material r’ship (separation may not suffice)
  312. Force
  313. CA: broader conception than NY (i.e. violence, duress, menace, fear of unlawful bodily injury on person or another)
  314. Penetration
  315. Lack of consent
  316. Presumed under statutory rape
  317. Sex by force/threats
  318. Incapable of consent (i.e unconsciousness)
  319. Fraud in the factum (not in the inducement)
  320. Defense
  321. D must prove he either knew D was absent
  322. Otherwise, reckless for being willing to proceed wilily-nilly