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Class:LAW 604 - Criminal Law
Subject:Law
University:University of San Francisco (CA)
Term:Fall 2009
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Misdemeanor Manslaughter D commits a misdemeanor and a death results. 1. Intent or criminal negligence 2. Dangerous under the circumstances If State can prove malice, can be murder
Felony-Murder 1. Killing must be done in perpetration of a felony (a. by one of the felons b. during commission of felony) 2. Must prove specific intent to commit underlying felony, even if felony is general intent crime 3. Felony must be inherently dangerous in the abstract 4. Can't be barred by merger rule (can not be applied to assault and assaultive crimes)
Premeditated and Deliberate 1. Planning - D commits act directed toward killing 2. Motive - must show D/V had a prior relationship 3. Manner - Preconceived design, must be particular and exacting Do not need all three. Can have only strong evidence of Planning, or Motive + 1
Implied Malice D commits act that results in a high probability of death D is aware of the risk and consciously disregards it
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Involuntary Manslaughter Criminal Negligence requires that D commit a dangerous act and a reasonable person would have been aware of the riks 1. Dangerous Act 2. Objective awareness of the risk
Causation 1. D must be cause-in-fact of death 2. An intervening cause must be reasonably foreseeable result of D's act
Burglary Act: Defendant enters a building or other enumerated structure MS: with the intent to commit larceny or an other felony Cannot invade own home. Intent can be formed after entry
Robbery The unlawful taking of another's property by force or fear from the immediate presence of that person
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Embezzlement A taking of property WITH consent where the intent to deprive permanently is formed after the taking.
Misappropriation Appropriate property without reasonable efforts to find and restore the property to the true owner
Receiving Stolen Property Receipt or concealment of stolen property that is known by the D to be stolen
Exculpating D for Unlawful Conduct (Intent Present) If D is involuntarily intoxicated, and intended to commit a crime, he cannot be held culpable because of a reasonable mistake of fact exists.
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Negating Intent for Theft If D reasonably and in good faith believed he had a claim of right to the property, not guilty.
Larceny The taking away of property of another without consent, with the intent to permanently deprive that person of their property.
Larceny by Trick The taking away of property of another with consent, but where consent is gained by trick, with the intent to permanently deprive the person of their property.
False Pretenses The taking of property/title of another with consent, where consent is gained by false representations or fraudulent intent regarding present or future fact.
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Assault An unlawful attempt, combined with the present ability, to commit a battery. Assault with deadly weapon 1. State must prove that a reasonable person would have known that the result of a discharging a firearm at a person could be a battery 2. D must have knowledge of his act, must know kids were in truck
Entrapment When conduct of a law enforcement agent is likely to induce a normally law-abiding person to commit an offense. Fed: D cannot harbor any pre-existing criminal intent
Self-Defense D may use deadly force if D honestly (obj) and reasonably (subj) believes he is in imminent danger of death or serious bodily harm, even if reasonable belief is incorrect
Imperfect Self-Defense When D uses deadly force because of an honest but unreasonable belief that he was in imminent danger of death or serious bodily injury. (Involuntary Manslaughter)
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When you cannot claim SD 1. If D is initial aggressor - unless first D withdraws and gives fair notice - unless D fully retreats - unless D initiates with Non-Deadly Force, and V responds with deadly force 2. D agreed to mortal combat 3. Danger feared was not imminent
Insanity Defense At the time of the offense, a mental defect caused D to 1. not know the nature of the act, or 2. not know that the act was morally wrong Must be a settled defect.
Defense of Others When intervening party sees an attack upon another person and has a reasonable belief that V is in imminent danger, he may respond with proportionate force. Imperfect SD: Reduces Murder to Manslaughter
Battered Women's Syndrome Evidence of battery is relevant to reasonableness, obj. test of belief of imminent danger. Can take into account hyper-vigilance
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Due Process Violation Outrageous Police Behavior, i.e. police instigate riots so they can arrest gang members who participate.
Attempt D must have specific intent to commit target crime and D's actions must go beyond mere preparation
Conspiracy When two or more people agree to commit a crime. Must intend to agree and have specific intent to commit the substantive crime. Must be some overt act in furtherance of agreement
Rape D has sex with person against his or her will by means of duress, menace, force or fear of immediate bodily injury. Mistake of Fact only a defense to Rape when D honestly and reasonably believe V consented Mistake of Fact a defense to Statutory rape when D honestly and reasonably believed V was 18 MoF never a defense to Lewd and Lascivious Conduct on a Child under 14. Strict Liability mental state
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Mistake of Law Mechanics Lien Misled by government official
Factors for Strict Liability Crimes 1. Statutes history and context 2. General provisions of mens rea 3. Severity of punishment 4. Seriousness of harm to public 5. Difficulty in ascertaining facts 6. Difficulty in disproving mental state 7. Number of expected prosecutions
Actus Reus A state may only prosecute a person who 1. Voluntarily acted 2. Was conscious of the act Failure to Act: Only applicable in special relationship cases
Mens Rea In criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime.
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 Misdemeanor ManslaughterD commits a misdemeanor and a death results.
1. Intent or criminal negligence
2. Dangerous under the circumstances

If State can prove malice, can be murder
 Felony-Murder1. Killing must be done in perpetration of a felony
(a. by one of the felons b. during commission of felony)
2. Must prove specific intent to commit underlying felony, even if felony is general intent crime
3. Felony must be inherently dangerous in the abstract
4. Can't be barred by merger rule (can not be applied to assault and assaultive crimes)
 Premeditated and Deliberate1. Planning - D commits act directed toward killing
2. Motive - must show D/V had a prior relationship
3. Manner - Preconceived design, must be particular and exacting

Do not need all three. Can have only strong evidence of Planning, or Motive + 1
 Implied MaliceD commits act that results in a high probability of death
D is aware of the risk and consciously disregards it
 Involuntary ManslaughterCriminal Negligence requires that D commit a dangerous act and a reasonable person would have been aware of the riks

1. Dangerous Act
2. Objective awareness of the risk
 Causation1. D must be cause-in-fact of death
2. An intervening cause must be reasonably foreseeable result of D's act
 BurglaryAct: Defendant enters a building or other enumerated structure
MS: with the intent to commit larceny or an other felony

Cannot invade own home.
Intent can be formed after entry
 RobberyThe unlawful taking of another's property by force or fear from the immediate presence of that person
 EmbezzlementA taking of property WITH consent where the intent to deprive permanently is formed after the taking.
 MisappropriationAppropriate property without reasonable efforts to find and restore the property to the true owner
 Receiving Stolen PropertyReceipt or concealment of stolen property that is known by the D to be stolen
 Exculpating D for Unlawful Conduct (Intent Present)If D is involuntarily intoxicated, and intended to commit a crime, he cannot be held culpable because of a reasonable mistake of fact exists.
 Negating Intent for TheftIf D reasonably and in good faith believed he had a claim of right to the property, not guilty.
 LarcenyThe taking away of property of another without consent, with the intent to permanently deprive that person of their property.
 Larceny by TrickThe taking away of property of another with consent, but where consent is gained by trick, with the intent to permanently deprive the person of their property.
 False PretensesThe taking of property/title of another with consent, where consent is gained by false representations or fraudulent intent regarding present or future fact.
 AssaultAn unlawful attempt, combined with the present ability, to commit a battery.

Assault with deadly weapon
1. State must prove that a reasonable person would have known that the result of a discharging a firearm at a person could be a battery
2. D must have knowledge of his act, must know kids were in truck
 EntrapmentWhen conduct of a law enforcement agent is likely to induce a normally law-abiding person to commit an offense.

Fed: D cannot harbor any pre-existing criminal intent
 Self-DefenseD may use deadly force if D honestly (obj) and reasonably (subj) believes he is in imminent danger of death or serious bodily harm, even if reasonable belief is incorrect
 Imperfect Self-DefenseWhen D uses deadly force because of an honest but unreasonable belief that he was in imminent danger of death or serious bodily injury.
(Involuntary Manslaughter)
 When you cannot claim SD1. If D is initial aggressor
- unless first D withdraws and gives fair notice
- unless D fully retreats
- unless D initiates with Non-Deadly Force, and V responds with deadly force
2. D agreed to mortal combat
3. Danger feared was not imminent
 Insanity DefenseAt the time of the offense, a mental defect caused D to 1. not know the nature of the act, or 2. not know that the act was morally wrong

Must be a settled defect.
 Defense of OthersWhen intervening party sees an attack upon another person and has a reasonable belief that V is in imminent danger, he may respond with proportionate force.

Imperfect SD: Reduces Murder to Manslaughter
 Battered Women's SyndromeEvidence of battery is relevant to reasonableness, obj. test of belief of imminent danger. Can take into account hyper-vigilance
 Due Process ViolationOutrageous Police Behavior, i.e. police instigate riots so they can arrest gang members who participate.
 AttemptD must have specific intent to commit target crime and D's actions must go beyond mere preparation
 ConspiracyWhen two or more people agree to commit a crime. Must intend to agree and have specific intent to commit the substantive crime.

Must be some overt act in furtherance of agreement
 RapeD has sex with person against his or her will by means of duress, menace, force or fear of immediate bodily injury.

Mistake of Fact only a defense to Rape when D honestly and reasonably believe V consented
Mistake of Fact a defense to Statutory rape when D honestly and reasonably believed V was 18

MoF never a defense to Lewd and Lascivious Conduct on a Child under 14. Strict Liability mental state
 Mistake of LawMechanics Lien
Misled by government official
 Factors for Strict Liability Crimes1. Statutes history and context
2. General provisions of mens rea
3. Severity of punishment
4. Seriousness of harm to public
5. Difficulty in ascertaining facts
6. Difficulty in disproving mental state
7. Number of expected prosecutions
 Actus ReusA state may only prosecute a person who
1. Voluntarily acted
2. Was conscious of the act

Failure to Act: Only applicable in special relationship cases
 Mens ReaIn criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a crime.
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