Mergers:

Assault and Battery:

Civil Offenses:

Assume two jurisdictions (With and Into)

Battery unlawful application of force to

another (intent sufficient, but unnecessary,
may occur by criminal negligence)

Strict Liability - may prove it would have

taken extreme action to comply (possible, but
unlikely defense)

Assault Majority: attempted battery or tort

assault; Min. 1: attempted battery; Min. 2:
attempted battery w/ present ability; actual
battery automatically includes an assault;
MPC: 211.1, simple and aggravated assault;
211.2, recklessly endangering another

Absolute Liability no defenses, maj. rule

With X merges with Y (either, but not both)

Into X merges into Y (only Y, not X)
Solicitation With: conspiracy or attempt;
Into: conspiracy, attempt, or substantive crime
Attempt Into: substantive crime
MPC 5.05(3), only convict of one
inchoate; also in MPC, no inchoate w/ subst.

Criminal Homicide:
Unjustified, unexcused killing of another
(otherwise innocent homicide); unborn
children dont count, 210.0(1); year and a
day rule; Harvard, U.B.D.A., CL Death tests
Corpus Delicti: (1) death (circumstantial
evidence works); (2) criminal agency of
another (natural consequences like prox. c.)

Murder
CL unlawful homicide with: (1) malice
aforethought; (a) intent to kill; (b) intent to
cause serious bodily injury; (c) depraved
heart; (d) felony murder rule (rebuttable
presumption of malice); (2) not justified (e.g.
self-defense), excused (e.g. insanity), or
mitigated (e.g. provocation)
1st Degree: wilful, deliberate, premeditated
(possible temporal requirement during
conception of purpose, decision to kill, and
killing itself); defined FMR
2nd Degree: all other murders; undefined FMR
MPC 210.2, (a) purposely; (b) knowingly;
(c) recklessly with extreme indifference; (d)
felony murder rule (recklessness presumed)

Felony Murder
CL when is committing any felony; CA:
inherently dangerous; continuous transaction;
PA: in furtherance; Merger: independence
MPC 210.2(1)(b), when is engaged in,
an accomplice to, or attempting robbery, rape,
arson, burglary, kidnapping, felonious escape

Manslaughter
CL Unlawful homicide without malice
aforethought; Voluntary: kill after adequate
provocation (Maj. murder w/ mitigation;
Min. intent to kill w/ mitigation);
Involuntary: reckless, but not depraved heart;
MMR during commission of malum in se
misdemeanor (FMR rules from CA and PA)
MPC 210.3, (a) recklessly; (b) would have
been murder, but committed under extreme
mental or emotional disturbance with
reasonable explanation
Mitigation words alone are not enough,
but insufficient assault + words may be
enough; imperfect self-defense (unreasonable
but good faith belief); common law requires
provocation, MPC does not; common law
requires heat of passion, MPC does not

Negligent Homicide
CL Refer to MPC, infra
MPC 210.4, inadvertent criminal
negligence (some jurisdictions allow civil
negligence); vehicular homicide is generally
negligent homicide; not included in every
jurisdiction (if not, involuntary manslaughter)

Rape:
No cohesive definition of rape; Mlinarich a
person commits rape when sexual intercourse
with non-spouse: (a) by forcible compulsion;
(b) by threat of forcible compulsion that
would prevent resistance by reasonable
person; (c) who is unconscious; or (d) who is
so mentally deranged or deficient that
incapable of consent (just an example statute)
Statutory Rape no reasonable mistake of
age defense, 213.6

Mens Rea:
Required for all crimes except strict liability;
penal statutes must have mens rea; 2.02:
purposely; knowingly; recklessly; negligence;
2.02(4) prescribed culpability applies to all
material elements
General Mens Rea: (a) intent to commit actus
reus; (b) some other state of mind to bring
about actus reus (e.g. recklessness); not
justified or excused
Specific Intent: (a) acting with purpose to; (b)
substantially certain to bring about some
result; must be an intent to do something other
than the deed that constitutes the actus reus;
specific intent is rarely read into statutes
Conditional Intent: if has no legal right to
make demand, and mens rea is conditional on
compliance, then there is intent; 2.02(6)

Actus Reus:
Voluntary act or omission, 2.01(1); failure
to act constitutes actus reus only when there is
a legal duty: (a) imposed by statute; (b) by
virtue of relationship (e.g. parent-child); (c) if
one has contractually imposed duty; (d) when
one has voluntarily assumed care and so
secluded the helpless person to prevent others
from giving assistance; (e) parents duty to
control their own children; (f) duty to assist
when you put someone in peril; must concur
with mens rea (look to wording of statute)

Mistake:
Mistake of Law usually no defense; but if
specific intent crime and is mistaken about
some law other than the one is violating and
mistake negates mens rea, (majority rule); if
general mens rea crime courts are split
Mistake of Fact 3 categories: (a) statute
specifies mens rea and mistake prevents
formation, wins; (b) strict liability, no mens
rea, need only prove actus reus; (c) no mens
rea specified ( needs to prove mistake of fact
that was reasonable and conduct would have
otherwise been lawful if facts were as
believed, thus negating mens rea)
MPC 2.04, applies to fact and law

Vicarious Liability can fine employer, but

no imprisonment

Conspiracy to Commit (Crime x):

CL (1) agreement to commit a crime; (2) an
overt act in furtherance of (minority rule needs
no overt act); Whartons Rule: no conspiracy
between X persons if X persons are necessary
to commit the crime (conspiracy is merged);
Gebardi Defense: criminal statute frequently
requires consent of Y, but immunizes Y from
substantive violation, then Y cannot be guilty
of conspiracy to violate the statute;
Pinkerton Rule: substantive crimes of coconspirators may be imputed on a conspirator
when foreseeable and in furtherance of the
conspiracy (minority); but even if not applied,
co-conspirators are normally accomplices
MPC 5.03, also reqs overt act, 5.03(5);
Withdrawal: 5.03(7)(c), inform coconspirators that he is out or notify authorities,
after this point is no longer a member of the
conspiracy; Renunciation: 5.03(6), when
thwarts success of conspiracy, if complete and
voluntary, then affirmative defense to
conspiracy (does not apply at common law)

Solicitation to Commit (Crime x):

CL irrelevant whether solicited crime occurs
MPC 5.02; Renunciation: 5.02(3),
affirmative defense if complete and voluntary

Attempted (Crime x):

CL (1) specific intent to commit a specific
crime; (2) act constituting a substantial step
(dangerous proximity, distinguish from
mere preparation, closeness depends on
seriousness of crime); Impossibility Defense:
if does everything he meant to do, but still
failed to complete crime, then no attempt
MPC 5.01, when purposely engaging in
conduct that completes crime if circumstances
are as thinks they are, etc.
Renunciation: 5.01(4), affirmative defense if
complete and voluntary

Abandonment:
CL renunciation is no defense, guilty once
has gone far enough for the offense, but
when fully withdrawn and crime committed
by accomplice (2), then 1 only guilty of
attempt if 1 communicated withdrawal to 2
MPC attempt, solicitation, conspiracy may
all be renounced (see MPC provisions, supra)

Accomplice Liability:
CL conspirators are usually accomplices as
well; 1 guilty of substantive crime committed
by accomplice, 2, when foreseeable
Accessory After-the-Fact: (1) principal 1
committed the felony; (2) accused 2 knew the
felony had been committed; (3) 2 received,
relieved, comforted, or assisted 1
MPC 2.06, complicity; evaluates status for
each crime; After-the-Fact: 242.3