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Criminal Law by Mind Map: Criminal Law
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Criminal Law

Elements of Crimes

[1] Voluntary - [2] Mens Rea - [3] Concurrence in Time [4] Causation

Voluntary

voluntary act, ommission to act, or vicarious liability

Mens Rea

Purposeful - subjective test knowingly - subjective test intentionally, willfully, criminal recklessness ("nah"), criminal negligence

Classification of Crimes

Concurrence

Causation

[1] Cause In Fact - "But For" test OR "substantial factor" test [2] Proximate Cause -  

Crimes Against Person

Homicide

Murder, Types of Malice, 5 Fingers of Death, 1st Degree, 2nd Degree

voluntary manslaughter

involuntary manslaughter

battery

CL Misdemeanor. And aggrevated Battery is a felony [1] unlawful touching [2] reckless, negligent, with knowledge Defense [1] consent [2] self defense or defense to others

assault

CL Misdemeanor Aggravated assault is a felony [1] Swing and a Miss (attempting to commit a battery) or [2] Scare Crime (immediate battery). A conditional threat is not an assault.  

mayhem

[1] intent to maim [2] dismemberment or disabling  

false imprisonment

[1] intentional, [2] unlawful, and [3] confinement Look at P's belief of whether she is confined

kidnapping

take victim to any other location (even a different room).

rape

Actual Consent is determined based on objective standards. Penetration  

bigamy

Married to more than 1 person

incest

Against Property

Larceny

crime of possession trespassory taking carrying away tangible personal property of another with intent to permanently deprive Defenses: [1] Intent may be negated by a good-faith belief [2] intends to repay and easily replaceable is accapteable [3] specific intent to deprive forever

embezzlement

Trust crime - [1] raudulent conversion or misappropriation [2] of the property of another [3] by one in lawful possession

robbery

[1] taking from the person or presence of teh victim AND [2] by force or violence; OR by intimidation or the threat of violence (victim must be in actual fear)

false pretenses

What you're getting is title to the property knowing false representation material fact causing victim to pass title to defendant who intends to defraud

bad checks

credit card fraud

larceny by trick

extortion

  obtaining property of another by threats of future harm  

stolen property

receiving property known to be stolen with intent to permanently deprive the owner

forgery

fraudulent making of false writing with apparent legal significance intent to use wrongfully

burglary

  breaking - opening any door or window is enough. Entering is usually enough, entering by force entering - any portion of the body in the home is an "entering" of a dwelling of another - modern statutes have expanded this to include a lot of structures. at night - modern statutes makes this a 24 hour with intent to commit a felony -  

arson

[1] malicious [2] burning - blackening is not enought; charing is enough; [3] of the dwelling [4] of another

Inchoate

solicitation

[1] specific intent + [2] enticing, advising, inciting, inducing, urging, or otherwise encouraging another Other Notes: merges

Defenses

attempt

[1] specific intent AND [2] overt act in furtherance of that intent Other notes: merges

Defenses

conspiracy

The guilty hand is the agreement! [1] two or more [2] agreement [3] intent to commit unlawful act Pinkerton Doctrine - all conspirators are liable if [1] foreseeable outgrowth and [2] in furtherance

Defense

Accomplice Liability

Actual assistance or encouragement intent to commit acts of assistance/encouragement

principal in the first degree

performs criminal act + mens rea

Principal in the second degree

mens rea + aids, abets, or otherwise encourages

accessory before the fact

NOT present at the scene of the felony BUT aids, abets, or otherwise encourages

accessory after the fact

[1] completed felony, [2] knew of felony, [3] personally gave aid

Defenses

responsibility

justification

entrapment

mistake

Mistake of Fact is generally a defense. NOT mistake of law. Legal Impossibility: D completed all that was intended but it was NOT against the law.

consent

condonation