CRIMINAL LAW BLACK LETTER OUTLINE
1) Jurisdiction
a) State acquires jurisdiction of it is the legal situs of the crime
i) Legal situs: either conduct happened there or the result happened there
(1) Ex. A stands in NV and fires high power rifle into CA and kills someone
(a) NV has jurisdiction because the conduct happened there
(b) CA has jurisdiction because the result happened there
b) Crimes of omission
i) Jurisdiction lies where the act should have been performed
2) Merger
a) Generally there is not merger of crimes in American law
i) Common lawà solicitation and attempt merge into the substantive offense
(1) Complete Defense to attempting something is that you actually committed the crime
ii) Conspiracy does not merge with the substantive defense
(1) People can be convicted on conspiring to do something and actually doing it
(a) Ex. charged with conspiracy to rob a bank and actually robbing it
Elements of a Crime
Actus reus
Mens rea
Concurrence: the physical act and the mental state existed at the same time
Harmful result and causation
Actus Reus (2-7)
b) ACTUS REUS: Act
i) Any bodily movement
(1) Bodily movements that do not qualify for criminal liability
(a) Conduct which is not the product of your own volition
(i) Ex. A pushes B into C who then falls in front of a bus and diesà not criminally liable because you were pushed
(b) ** Reflexive or convulsive act
(i) Ex. epileptic seizure
(c) Conduct performed while you are unconscious or asleep
(i) Ex. sleepwalking
(ii) Not falling asleep at the wheel of a car because you were too tired to drive
c) Omissionà failure to do something when there is a duty
i) Legal duty to act arises when:
(1) Statute (file tax returns)
(2) Contract (lifeguard or nurse)
(3) Relationship between parties (parents/kids, spouses)
(4) ** voluntarily assuming a duty of care towards someone else and then fail adequately to perform it
(a) Ex. people in park that has lake in middleà X drowning in lakeà A jumps into water and swims towards Xà at 10 feet away, A sees who X is, realizes he hates him, and then decides not to save himà A swims backà A liable
(5) Where one’s conduct created the peril
(a) A pushes B into poolà B cannot swimà A has duty to save him
Mens Rea (8-19)
Required because it distinguishes between inadvertent or accidental acts and acts performed by one with a guilty mind à more blameworthy and can be deterred
ii) Common Law Mental States for Crimeà 4 Types:
(1) Specific intentà definition of the crime requires not only the doing of an act, but the doing of it with a specific intent or objectiveà ex. must specifically intend to kill someone for attempted murder
LOOK FORà WORDS…Felonious intent, criminal intent, malice aforethought, guilty knowledge, willfulness are all common law mens rea wordsà = SPECIFIC INTENT CRIME
(i) Existence of specific intent cannot be inferred from the doing of an act à prosecution must produce evidence tending to prove the existence of the specific intent
(ii) Additional defenses
1. Involuntary intoxication
2. Mistake of fact
(b) Specific intent crimes qualify for additional defenses that are not available for other types of crimes (ANY MISTAKE OF FACT AND INVOLUNTARY INTOXICATION)
(i) Types of Specific Intent Crimes:
1. Inchoate Offenses:
a. Solicitation
b. Conspiracy
c. Attempt
2. 1st Degree Murder (can use the extra defenses)
a. If “murder” is ever on an exam by itselfà means common law murder which is 2nd degree murderà malice crime:
b. Cannot use the extra defenses
3. Assault
4. Common Law Felonies against Property
a. Larsony
b. Embezzle
d did not want him dead but pulls out shotgun and shoots at him
(i) Knowinglyà Did not care about the result of killing B but engaged in conduct overwhelmingly likely to produce the result
(3) 4 MPC Mental States for Crime:
1. Purposefully (intentionally)
2. Knowingly
3. Recklessly: not specific intent at common law
4. Negligently: not specific intent at common law
ii) Purposefully (intentionally)
(1) A person acts purposefully with respect to his conduct when it is his conscious object to engage in certain conduct or cause a certain result (ex. burglary)
iii) Knowingly
(1) A person acts knowingly with respect to the nature of his conduct when he is aware that his conduct is of the nature or that certain circumstances exist
1. Willful: satisfies mental state of statute that requires willful conduct
iv) Recklessly
(1) Consciously disregards a substantial or unjustifiable riskà constitutes gross deviation from the standard of care that reasonable person would exercise in the situation
1. Wantonà know injury might result and disregard it
v) Negligently
(1) Fails to be aware of risk
ü State of Mind Applies to all Material Elements of Offenseà culpable state of mind established = must prove for all material elements of the offense
ü DEFAULT IF NO STATE OF MIND REQUIREMENT = RECKLESSNESS
ü HIGHER DEGREE OF FAULT SUFFICES = IF YOU CAN PROVE A HIGHER STATE OF MIND, IT AUTOMATICALLY SATISFIES A LOWER MENTAL STATE REQUIREMENT IN THE STATUTE
