Sunday, October 24, 2010
3:17 PM
Extortion
a. The obtaining of property from another
· To obtain property=use it for yourself
· Not enough just to restrict activities of a competitor, must show advantage to E’or
b. With his consent: (consent distinguishes extortion from robbery)
· threat of violence or,
· economic harm or,
· For an economic threat to be sufficient coercive:
i. V must reasonably believe that D had the power to harm V, and believed,
ii. That D would exploit that power to V’s detriment
· “Pay to play” standard used to distinguish extortion and hard bargaining
i. Was there still opportunities for V to compete?
ii. Was V deprived of a level playing field?
iii. Was what V received something he was already entitled to?
· If V willingly hands over money to gain advantage and will not suffer more than anyone else for not making payment, there is no E
· injury to reputation- involves some absence of a lawful “claim of right” to the property
c. Induced by wrongful use of actual or threatened force, violence, fear, or “under official right”
Elements of a Crime
1. Actus Reus- every act requires a voluntary physical act of one’s volition
a. Liability for failure to act: General Rule omission does not = act unless
i. Knowledge of conspiracy and failure to alert
ii. Possession- have to have the object long enough to get rid of it – active/constructive dominion over the object
iii. Duty to another person: 5 situations which might = breach of legal duty
a. A statute imposes a duty
b. Status relationship (husband/wife)
c. Assumed through a K care of another
d. Voluntarily assumed the care of another
e. Created the risk of harm to another
2. Mens Rea- Can often be inferred from D’s conduct/words
a. Purpose/Intent
· MPC- if the element involves the nature of D’s conduct or a result it must be his conscious object to engage in that conduct/cause that result
· If the element if an AC, D acts purposefully if he is aware of the existence of such circumstances or hopes/believes they exist
· CL- Intent=those results that are the conscious objective of the actor, but also those that the actor knows are virtually certain to occur from his conduct, even if he does not want them to arise
· Transferred Intent- Intent follows the bullet (limited to results that create the same type of harm) (cannot transfer one type of social harm to another)
· Can apply to accomplices as well
· If a bullet missed X and hits Y, TI allows D to be convicted of both the murder of Y and the attempted murder of X
· Specific/General Intent (Not in MPC)
· Specific Intent- Special mental element required above and beyond any mental state with respect to the AR of the crime
· General Intent- Intention to make the bodily movement which constitutes the AR of the crime
b. Knowingly- No need to intend result, only be virtually certain
· Willful Blindness, deliberate ignorance of a potentially unpleasant fact
3. Recklessness- Conscious decision to ignore a substantial and unjustifiable risk
4. Negligence- D shou
ement
a. Unless D would be guilty of another offense had the situation been as he supposed
· D would be guilty of lesser offense
· Mistake of law if D reasonably relies on official statement/judicial decision/administrative order or/ official interpretation by someone charged with administration/enforcement of the law defining the offense
· If D had subjective belief and held it recklessly, he can still be charged for a R crime
Actual Cause
· “But For” Test
· Substantial Factor Test- Only when the but for test fails.
· D’s behavior is a cause-in-fact of his conduct was a substantial factor in bringing about the result
· Occurs when two D’s acting independently, commit two separate acts each of which alone is sufficient to bring about the result, or most likely when combined with the other factor led to death.
· Did D’s actions accelerate the death?
· D the action make a contribution to the death?
· Every jurisdiction has a substantial factor test (useful for overdetermination cases)
· Acceleration- if D’s conduct causes the death earlier than would have occurred otherwise, he is a but-for cause
· Aggravation does not = acceleration
Proximate Cause- Whether, based on policy considerations/fairness, it is proper to hold Ds criminally responsible
PC Inquiry:
· Was the D’s conduct the actual cause of the harm (but for)
· Was the result an intended consequence of the act (if yes PC is established) (if no next question)
· Was the D’s action a substantial factor in the harm (if no, PC lacking, if yes next question)
· Was the result highly extraordinary in light of the circumstances (if no then no PC)
