Criminal Law Outline Chapter 2

1) 3rd party enters, no bar (ie. 3 ppl agree to sell/buy narcotics) Pinkerton Rule 2) 2 ppl involved in conspiracy not necessarily the 2 ppl commiting offense Party to a conspiracy is responsible for any criminal act committed by assoc. IF: Not Recognized Adopted when: 1) in furtherance of unlawful purpose AND 2) was one that should have been anticipated 1) committed in furtherance of conspiracy AND 2) foreseeable consequence of unlawful agrmt Solicitation A.R. Common Law Person intentionally: -Entices -Requests -Urges OR -Encourages another person MPC W/ purpose to promote or facilitate the commission of any substantive offense: -commands -encourages -requests To commit any felony w/ the intent that the crime be committed. another person to engage in conduct that would constitute Must be a “do it for me” the crime, an attempt or solicitation – rather than “with me” would establish complicity NO OVERT ACT REQUIRED – Applies to Do it for me AND Do TPC -Requesting -Commanding OR -Attempting to induce Another to engage in target crime of capital murder or 1st degree felony or would make him an accomplice w/ intent that such crime be committed. Applies to Do it for me AND Do it w/ me solicitations Complete upon communication M.R. Liability Merger Renunciation as Defense M.R. Intent to A.R. and specific intent for other to complete crime. Misdemeanor and may establish Accomp. Liability Merges into completed crime, attempt crime, and conspiracy (may not be convicted of solicitation and the other crime) No defense it w/ me solicitations No actual communication required. Purposely promote/facilitate Intention for solicited crime to be committed. Same level as target offense One level LOWER than target (EXCEPT capital and 1st degree  crime 2nd Degree) No Merger No Merger Affirm Defense - that the actor persuaded other not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose Completed Crimes Criminal Homicide Murder Common Law MPC Malice Aforethought: Purposely; Knowingly OR 1) Intent to kill (includes Recklessly manifesting extreme knowingly) indifference to value of human Same as MPC: 1) complete and voluntary 2) and target crime must be thwarted TPC 1) Intentionally OR Knowingly 2) Intentionally A.R. 2) Intent to inflict grievous bodily harm 3) Depraved Heart – extreme recklessness in utter disregard for human life 4) Felony Murder (strict liability) One person kills another person life NO DEPRAVED HEART (reckless indifference) Unjustifiably, inexcusably, and in the absence of mitigating circumstances kills another human being 1st Degree Felony – Min. 1 – 10 / Max Life or Death N/A 1) Causes death of an individual Penalty Death Capital Murder (TX) – Death Penalty N/A Premeditation – planning or reflecting over a considerable period of time Aggravates to 1st degree in JRD that N/A recognize degrees of murder (Malice +); All other M.R. 2nd degree Felony Murder Common Law MPC Kills another person during Extreme recklessness noncommission or attempted conclusively presumed if commission of felony, irrespective homicide occurs while actor is: A.R. 2) Inflicts serious bodily injury which causes death 1st Degree Felony – 5 to 99 OR Life -peace officer/fireman -intentionally during commission of felony -murder for hire -escaping from jail -prison guard -in jail for murder -more than one person -Judicial official -Under age of 10 N/A TPC -Commits OR -Attempts to commit a felony, OR -In flight from of whether the death was foreseeable. M.R. Merger Penalty A.R. M.R. Penalty Voluntary Manslaughter Engaged in; Accomplice to; In flight from ; Commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual. Commission or attempt of: 1) Robbery 2) Rape 3) Arson 4) Burglary 5) Kidnapping 6) Felonious Escape Malice Aforethought #4 Recklessness Intentionally or Knowingly Merger IF original felony Merger IF original felony No merger assaultive in nature assaultive in nature Death 1st Degree Felony – Min. 1 – 10 / 1st Degree Felony – 5 to 99 OR Max Life or Death Life Manslaughter Common Law MPC TPC 1) Killing in Gross Negligence OR Recklessly kills another Recklessly causes the death of an individual 2) Unintentional Killing during commission of non-felony crime Note: Intoxication Manslaughter (misdemeanor manslaughter) – strict liability Reckless Gross Negligence Reckless (not amounting to extreme disregard for human life)*** 2nd Degree Felony 2nd Degree Felony Less than Voluntary MS “Voluntary” (CL) / DEFENSE (MPC/TPC) Intentional Killing w/ adequate A DEFENSE - NOT an actual Same as MPC – a DEFENSE (C/L) Defense (MPC and TPC) provocation that was committed in sudden heat of passion before enough time to cool down Must be in the heat of passion (not after – brooding) Adequate Provocation (VM/DEF) Ordinary Man Stdrd – specifics 1) Observing Adultry 2) non-trivial battery 3) resisting illegal arrest 4) certain injuries to relatives 5) mutual combat Crime of Voluntary Manslaughter – mitigation to murder Murder while D is under “extreme emotional disturbance for which there is a reasonable explanation/excuse” No time limit for cooling off No provocation requirement (words may be sufficient) WORDS NOT ENOUGH Penalty/Effect Reduce 1st to 2nd degree 2nd Degree Criminally Negligent Homicide / Negligent Homicide Caused the death under the immediate influence of sudden passion arising from an adequate cause BOP – preponderance of the evidence May also apply to attempted murder “SP” - Passion directly caused by and arising out of provocation by the individual killed OR another acting with the person killed which passion arises at the time of the offense and is not solely the result of former provocation. Cause that would commonly produce a degree of anger, rage, resentment, or terror in a person of ordinary temper, sufficient to render the mind incapable of cool reflection Issue of fact for Jury – words may be adequate Reduce from 1st to 2nd degree A.R. Common Law Nor recognized M.R. N/A Penalty 3rd Degree Felony What Constitutes A Human Being/Life/Death Common Law MPC Born Alive Only – could be guilty if Born Alive only (no feticide) harmed in utero  born alive  dies from injuries When a person stops breathing Silent - Brain Death??? AND heart stops Life (fetus/human being) Death MPC Criminal homicide constitutes negligent homicide when it is committed negligently Negligent – should/ought to have been aware (Gross Deviation RPP) - Objective N/A TPC A person causes the death of an individual by criminal negligence Criminal Negligence should/ought to have been aware (Gross Deviation RPP) Objective State Jail Felony TPC Born alive AND unborn children at every stage of gestation Brain Death Death must occur before 1 yr + 1 Day from act that caused death Rape A.R. Common Law By male w/ female not wife if by: 1) Force, fear, or deception 2) w/o consent and 3) earnest resistance OR 4) while fem asleep/unconsc. OR 5) fem incompetent to give consent MPC RAPE: Male has sex w/ female AND: 1) under age 10 2) unconscious 3) submit by force or threat of imminent death, grievous bodily TPC Sexual Assault: Intentionally or Knowingly causes sexual organ (his, another’s, or child’s) to penetrate anything of another by: -physical force/violence to V or (drugged, mental, too young) harm, extr. pain, kidnapping to her OR another person 4) admin’s drugs Gross Sexual Imposition: Male has sex w/ female AND: 1) submits under a threat that would prevent resistance of woman of ordinary resolution 2) w/ knowledge that female unable to appraise nature of conduct (mental illness/defect) 3) Knows female unaware that sexual act is being committed upon OR submits under mistake that it is her husband M.R. General Intent Penalty Death Purposely, Knowingly or Recklessly 1st Degree IF: 1) inflicted serious bodily harm during it OR 2) V was not a social comp who had previously permitted sexual liberty Otherwise 2nd Degree another -w/o/c and unconsc. -w/o/c mental defect/illness unable to resist/aprrec. -use of drugs to impair -public servant coerce -clergyman exploits -mental health prof exploits Aggr. Sexual Assault: Sex Ass. + -serious bodily injury or attempt to cause death to V or 3DP -V fears imminent death, SBI, kidnap OR D threatens such -Use/exhibit deadly weapon -Uses RUFI -COA w/ other person -V is <14 yrs old -V is 65+ yrs old Intentionally or Knowingly 2nd Degree – Sex Assault 1st Degree – Aggr. Sex Assualt Sexual Intercourse Vaginal Force No consent AND sex secured by force OR threat of force GSI 3rd Degree Felony Genital, oral, and anal penetration No proof of resistance required Non-physical threat or fear not sufficient Violence directed at 3rd party OR threat of kidnap sufficient V not required to resist Must report w/in 3 mos. to authorities Requires corroboration AND special instruction to be wary of victim’s testimony (emotional involvement) Recognize UNLESS living separately under a marriage decree of separation Mistake as to Age: if criminality depends on V < 10 = NO Def; otherwise DEF that D must prove N/A – effects corrob. req. Anus, mouth or sexual organ penetration or contact Requires proof that sex’l asslt of adult was without consent Fear must be subjective and objectively reasonable Consent may be w/drawn UNLESS penetration has already occurred Report Req. Only require “earnest” resistance to show non-consent N/A Corroboration Req V testimony sufficient; need not be corroborated Marital Immunity Recognize. Man may not legally rape his wife. Statutory Rape Woman under age of 10 w/ or w/o consent Does not apply if rpt’d w/in 1 yr; no corrob at all if V < 18 N/A Under age 17 – S.L. by PoE No Defense (did not know No Rape BUT GSI consenting to sex) Fraud in Inducement (Def) Defense, still consensual (knew consenting to sex) Mistake of Fact Defense IF D genuinely and reasonably believed female was consenting Rape Shield Statutes: Governs admissibility of evidence in rape cases 1) Evidence of prior sexual acts w/ the accused (almost always admissible) 2) Prior consensual sexual acts w/ others 3) reputation for lack of chastity (2 & 3 typically inadmissible) Criminal Assault Common Law MPC TPC A.R. Attempted battery Simple Assault: Simple Assault: Fraud in Factum (Def) V need not be aware of threat w/ present ability to commit battery (minority) 1) attempting to cause or P, K, or R to cause 2) BI to another 3) negligently causing injury to another w/ deadly weapon 4) attempting by physical menace to put another in fear of imminent SBI (V does not need to experience fear) Aggr. Assault: 1) I, K, or R causing BI 2) I or K threatening imminent BI 3) I or K causing physical contact (IF knew or should no would be offensive/provocative) Aggr. Assault: Assault + 1) causing SBI 1) #1 + extreme indifference to 2) Using Deadly Weapon human life 2) Attempting or P,K causing BI M.R. Penalty A.R. M.R. Merger Penalty A.R. w/ deadly weapon P, K, R or N(w/ weapon) Simple – misdemeanor Simple (fight) – petty misdemeanor Aggr. - felony Criminal Battery Common Law MPC 1) Unlawful application of force Treated under assault crime 2) to another person 3) that results in BI or offensive touching Specific Intent Misdemeanor Force = voluntary BUT does not need to be intentional I, R, Gross Neg Merges w/ assault, FI, kidnapping Misdemeanor Kidnapping Common Law MPC 1) Forcible abduction/stealing 1) unlawfully removes another away of 2) from his 2) a man, woman, or child home/business/substantial 3) from his/her own country distance from where abducted OR AND 3) Unlawfully confines in 4) sending him/her to another isolation for substantial period of time Force = fraud/threat of force as I, K, or R Simple – misdemeanor Aggr. – 2nd Degree OR 1st Degree IF public servant/retaliation against witness/informant TPC Treated under assault crime TPC Simple: 1) to restrain a person w/ intent to prevent his liberation by 2) hiding in place unlikely to be found OR 3) using or threatening to use