Criminal Law Outline
I. Homicide
A.1st degree murder
1. Actus Reus
a. kills a human being
2. Mens Rea
a. intent to kill
b. premeditation
i. deliberate, implies reflection, calculation, thought, planning
3. Concurrence
a. actus reus and mens rea connect
4. Result
a. victim dies
5. Causation
a. the result came from the act
6. Attendant Circumstances
a. proof that background facts are true
B. Felony Murder Rule
1. Unintentional first degree murder
2. Killing during the commission of:
a. An inherently dangerous felony:
B – burglary
A – arson
R – rape
K – kidnapping
A – attempt of any of these
R – robbery
b. Some states change it to any felony committed so as to create a high risk of death
c. BARKAR “inherently dangerous felony”
d. Reasons for Felony Murder
Deterrence
Retribution
Places burden on D
q In conspiracy the act of one is the act of all…it does not matter if they had the gun in their hand
C. 2nd degree murder
1. Mens Rea
a. Unpremeditated intent to kill
b. Intent to do serious bodily harm
i. In some states removing a limb is serious bodily harm
D. Depraved Heart/ Willful and Wanton Misconduct
1. Unintentional second degree murder
2. Very high risk or super-recklessness
a. Total disregard for consequences
b. Depraved indifference
c. Callous disregard, malice
d. Wickedness of heart
E. Voluntary Manslaughter
1. Intent, but mitigated through serious provocation or heat of passion
F. Involuntary Manslaughter
1. Intent to do bodily harm
2. Recklessness, high risk
3. Misdemeanor Manslaughter rule; Unlawful Act Rule
a. Any crime “felony” or “misdemeanor” that is not on BARKAR. These other crimes if done and someone is killed you can get involuntary manslaughter
b. Murder in the commission of an unlawful act (residue of the malum in se crimes). ~an example of this is the death during the commission of a battery = invol man
*When you measure risk…you have to look at it as reasonable or unreasonable
*Most juris won’t apply the rule to malum probibitum unless there is a strong foreseeability of death.
Risk = Chance of Harm
Social Utility
*As the chance of harm increases the social utility decreases more of a chance to be convicted of inv man ~ as social utility increase and chance of harm decreases more of a tort or [not guilty] crime situation [i.e., mother going to work and leaving child alone in the apt]
G. Transferred Intent
1. If the defendant intends to kill x, but misses and kills y, the intent to kill transfers to y.
2. Defenses and privileges transfer with the intent.
H. Model Penal Code variations
1. Murder
a. No degrees of murder – that is at sentencing
b. Can be committed:
i. Purposely – specific intent, conscious objective to kill
ii. Knowingly – practically certain to cause death
iii. Under circumstances manifesting extreme indifference to human life
– Similar to depraved heart or super-recklessness
– Rebuttal presumption in felony murder situations, but no felony murder rule.
2. Manslaughter
a. no differentiation between voluntary and involuntary manslaughter
b. no unlawful act rule [No Misdemeanor Manslaughter Rule M/M]
c. heat of passion becomes acting under an Aextreme emotional disturbance@ which provides a Areasonable explanation or excuse.@
i. Includes provocative events, cumulative provocation, and the idea of diminished capacity. Reckless = conscious disregard and involving a gross deviation from standard of care
3. Negligent homicide
a. Not in the common law
b. Less than recklessness, but more than ordinary tort negligence
II. Assault and Battery
A. Assault
1. Type I
a. Attempted battery
i. See battery requirements
ii. It is assault when you try to hit someone and they don=t know about it
2. Type II.
a. No attempt to touch or batter
b. Specific intent to cause apprehension of imminent bodily harm
c. And the victim actually experiences the apprehension
3. Some states have assault with an intent to frighten, which is less than type 2 assault
a. Menacing conduct
b. Intent to frighten
c. Actual fright (the victim must know and experience)
ii. Because of this it is conceivable to have attempted assault of
rning an issue of fact. D in effect says “ I made a mistake of fact has the facts been as I believed them to be there would have been a crime…If all the facts had been as D believed them to be there would have been a crime.
iii. Never a mistake at law – ignorance of the law is not an excuse
b. MPC
i. Impossibility is not a defense
2. Abandonment
a. Traditional Approach
i. Abandonment is not a defense
b. MPC
i. Is a defense when there is a complete renunciation of purpose
ii. Does not include quitting for external reasons
Abandonment for attempt only requires that you quit you do not have to thwart the crime
E. Merger
1. Under both approaches, the attempt merges into the target crime once the target crime is completed…however no merger of attempt and conspiracy..[example…x an y agree to kill c. y loads the gun and x pulls the trigger. The bullet misses. X and y can each be convicted of both attempted murder and conspiracy to commit murder
F. Punishment Differences
1. Traditional Approach
a. Punish slightly less than the target crime
Attempt felony = misdemeanor
Attempt to commit a misdemeanor = no crime
2. MPC
a. Punish in attempt is the same as the target crime ~ except for murder which is the same as t/c…b/c attempt merges into murder
G. Philosophy
1. Why not have attempt
– Political
– Practical ~ how do u prove what people are thinking
– Intention ~ distinction b/t true and legal intention for you idea
2. Why have attempt
– we run the risk of having to wait until crime has happen…what to be able to enforce the law 2 prevent social harm…does not make sense 4 the harm to occur if it can b prevented
