ABANDONMENT
See ATTEMPT, CONSPIRACY
ACCESSORY AFTER THE FACT
False information, furnishing of
Offense defined
ACCESSORY BEFORE THE FACT
See ACCOMPLICES
ACCOMPLICES
Generally
Accessory after the fact
Accessory before the fact
Act requirement
Assistance attempted, but no crime occurs
Assistance given but not needed
Conspiracy as meeting
Failure to intervene
Presence at crime scene
Words alone
Additional crimes by principal
Felony-murder cases
Intentional murder
Misdemeanor-manslaughter cases
Model Penal Code limits liability
“Natural and probable” crimes
Compounding crime
Drag races
Mental state
Drugs, recommendation of source for
Drunk driver, car lent to
Intentional aid
Knowledge of criminal result, without intent
Mens rea of underlying crime
Recklessness and negligence
Strict-liability crime
Ulterior motives
Misprision of felony
Person logically required for offense, no liability of
Principal in first degree
Principal in second degree
Principal’s guilt required
Collateral estoppel used by accomplice
Conviction not necessary
Principal is innocent dupe
Principal lacks required mental state
Strict liability crimes, accomplice to
Victim, no liability of
Withdrawal as defense
ACT
Committed under hypnosis
Omission
See OMISSIONS TO ACT
Possession as
Reflex or convulsion
Requirement of
Status as
Unconsciousness
Voluntary requirement of
Words as
ACTUS REUS
See also ACT
Defined
ARREST
Generally
By private citizen
Rules for making
Use of deadly force to make
Dangerous felon fleeing
Misdemeanant fleeing
Model Penal Code view
Non-dangerous felon fleeing
ARSON,
ASSAULT
Generally
Aggravated forms of
Attempted-battery variety
Conditional
Intentional-frightening variety
ATTEMPT
Generally
Act, generally
Equivocality test
Indispensable element test
Mere preparation not sufficient
Model Penal Code “substantial step” test
Proximity to success
Solicitation of another not sufficient
Assault, attempt to commit
Attempt-like crimes
Broadening of liability for
Conviction of despite proof of completed crime
Conviction of on charge of completed crime
Impossibility, generally
Factual
Inherent
Mistake of fact governing legal relation
Model Penal Code view
True legal
Mental State, generally
Intent usually required
Knowledge of likely result
Recklessness and negligence
Strict-liability crime
Surrounding circumstances
Penalties for
Rationale for punishing
Renunciation, generally
Voluntariness requirement
AUTOMATISM
Generally
Insanity defense as subsuming
Post-traumatic stress disorder
Premenstrual Syndrome
See also ACT
BAD CHECKS
Statutes punishing writing of
BATTERY
Generally
Aggravated forms of
Mental state for
Unlawful act, based on
BILL OF RIGHTS
BILLS OF ATTAINDER
BLACKMAIL
See EXTORTION
BURGLARY
Generally
Breaking
Dwelling of another
Entry
Intent to commit felony within
Nighttime
CAPITAL PUNISHMENT
See DEATH PENALTY
CAUSATION
Generally
Cause in fact, generally
Co-operation between defendants
Shortening of victim’s life
Substantial factor in producing harm
Victim dead before act
Intervening acts
By defendant
By third person
By victim
Crime of negligence or recklessness
Dependent
Independent
Negative act
Poor medical treatment as
Suicide by victim
Victim attempts to escape
Victim refuses medical aid
Legal Cause, see Proximate Cause, this entry Manner of harm unintended, generally
Direct causation
Pre-existing weakness of victim
Recklessness and negligence crimes
Proximate cause, generally
Distinguished from tort concept
Model Penal Code approach
Unintended victim
“Year and a day” rule in homicide
“Transferred intent” rule
Victim completely unforeseeable
Unintended victim
Crime of recklessness or negligence
Defenses assertable against
Mistake of identity
“Transferred intent” rule
CAUSE IN FACT
See CAUSATION
COMMON-LAW CRIMES
COMPOUNDING CRIME
CONCURRENCE
Generally
Change of mind by D, effect of
Different crime than intended
Mental state must cause act
Mind and acts
Mind and results
Mistake as to victim’s death
Same harm as intended but different degree
CONFIDENCE GAMES
Generally
Condonation and compromise
Incapacity to consent
CONSPIRACY
Generally
Abandonment by all parties
Accomplice liability, distinguished from
Acquittal of other conspirators
Agreement
Circumstantial evidence as proof of
Feigned
Implied
To commit object crime
Aiding and abetting of
“Chain”
Concealment, effect on scope of conspiracy
Corporations
Duration of, generally
Hearsay, admission of
Husband and wife
Identity of others, knowledge of
Impossibility, defense of
Inconsistent disposition at trial
Different trials
Same trial
Joint trial of persons accused of
Legislative intent to punish only one party
Mental state, generally
Attendant circumstances
Goods and services supplied
Intent to commit crime
Recklessness and negligence
Strict-liability crimes
Objective of
Non-criminal aims
Organized crime
Overt act, requirement of
Party who joins late or leaves early
Punishment of
Merger with completed crime
Rationale for punishing
Substantive crimes, liability for
Wharton’s Rule
Merely presumption
Model Penal Code rejects
“Wheel” or circle
Withdrawal from
As defense to conspiracy charge
CONTRIBUTORY NEGLIGENCE
By victim
In manslaughter case
CORPORATIONS, CRIMINAL LIABILITY OF
Generally
Deferred prosecution agreement as punishment
Model Penal Code approach to
Non-prosecution agreement as punishment
Punishments for
Ratification by corporation’s management
Respondeat superior approach to
Within the scope of employment
CRIME
Definition of
CRUEL AND UNUSUAL PUNISHMENT
Capital punishment as
DEATH PENALTY
Juveniles and
Mental retardation and
Murder cases and
Non-homicide cases and
Non-murder cases and
Rape cases and
DEFENSE OF OTHERS
Generally
Mistake as to who is aggressor
Retreat, requirement of
DEFENSE OF PROPERTY
Generally
Chattels, recapture of
Deadly force, use of
Dwelling, defense of
Mechanical devices, use of
Real estate, right to retake
DEFERRED PROSECUTION AGREEMENT
As punishment for convicted corporation
DEPRAVED-HEART MURDER
Accomplice liability for
Reckless indifference as mental state for murder
DETERRENCE
As purpose of punishment
DIMINISHED RESPONSIBILITY
Generally
Definition of
Effect of
First-degree murder negated by
Insanity defense as superseding
Murder reduced to manslaughter
DISCIPLINE
Force used to maintain
By parents
By school teacher
DOUBLE JEOPARDY CLAUSE
DRAG RACES
Accomplice liability for
DUE PROCESS CLAUSES
DURESS
Generally
Death or serious bodily harm, requirement of
Elements of defense of
Homicide cases, use in
Imminent harm, requirement of
Manslaughter, reduction of murder to
Military orders
Mistake, effect of
Third person, harm directed at
Wife coerced by husband
EIGHTH AMENDMENT
Death penalty and
Prison sentences and
EMBEZZLEMENT
Generally
By one in lawful possession, generally
Employees
Finders of property
Conversion, requirement of
Fraudulent taking
Claim of right
Collection of debt
Intent to repay
Nature of
Of another
ENTRAPMENT
Generally
Evidence of
Falsehood about legality of act
Rationales for
Tests for
EX POST FACTO LAWS
EXTORTION
Generally
Attempt to recover property
Model Penal Code
FALSE PRETENSES
Generally
Concealment and non-disclosure
False promise
Gullibility of victim no defense
Larceny by trick, distinguished from
Mental state
Pecuniary loss, no requirement of
Property
Nature of
Of another
Related crimes
Reliance by victim
Title passing
FELONY
Definition of
FELONY-MURDER
See MURDER
FIFTH AMENDMENT
FIRST AMENDMENT
FOURTEENTH AMENDMENT
FOURTH AMENDMENT
GENERAL DETERRENCE
Defined
HABITATION
Right to defend
HYPNOSIS
Act committed while under
IGNORANCE OR MISTAKE
Generally
As to death of victim
Belief conduct not illegal, generally
Official statement of law relied on
Bigamy, mistake as to existence of
Defense based on
Ambiguous statute
Interpretation later found invalid
Law not promulgated
Effect on justification or excuse
Law, mistake as to
Concerning collateral fact
“Lesser crime” theory
“Moral wrong” theory
Reasonableness
IMPOSSIBILITY
See ATTEMPT, CONSPIRACY
INFANCY
Generally
INSANITY
Generally
At time set for execution
Burden of production of evidence
Commitment following acquital, generally
Burden of proof
Mandatory, constitutionality of
Release from
Telling jury about
Commitment following acquittal, generally
Diminished responsibility See DIMINISHED RESPONSIBILITY
Durham “product” test
Fitness to stand trial
“Irresistible impulse” test
M’Naghten test
Criticism of
Model Penal Code test
Procedures for presenting defense, generally
Bifurcated trial
Constitution does not require recognition
Role of jury
When raised
Psychopath
Sociopath
Superseding other evidence of mental disease
XYY chromosome defense
INTENT
Generally
Conditional intent
Different crime than intended occurs
Intentional act
Intoxication, effect of
“Malicious” conduct
Motive, distinguished from
Presumption of, 26 Purposely
Same harm as intended but different degree
Specific
Distinguished from general intent
Negatived by intoxication
INTOXICATION
Generally
Alcoholism and narcotics addiction
First-degree murder negated by
Intent negatived by
Involuntary, generally
Abnormally severe reaction
Duress
Recklessness, does not negate
To gather coverage for crime
Voluntary manslaughter
JUVENILES
Death penalty and
KIDNAPPING
Generally
KNOWLEDGE
As meeting intent requirement, generally
LARCENY
Generally
Asportation
Breaking bulk by carrier
By trick
Definition
Degrees of
Employee, taking by
Finders of lost or mislaid property
Intent to steal, generally
Claim of right
Collection of debt
Concurrence of taking and intent
Continuing trespass doctrine
Intent to permanently deprive
Intent to return equivalent
Refund, false claim to
Property
Nature of
Of another
Taking from owner’s presence
Trespassory taking
Trap by owner
LAW ENFORCEMENT
See ARREST, PREVENTION OF CRIME, PREVENTION OF ESCAPE
LEGALITY PRINCIPLE
LENITY
LIFE IMPRISONMENT WITHOUT PAROLE
Eighth Amendment and
LOITERING
Laws against
LOST PROPERTY
See LARCENY, EMBEZZLEMENT
MAIL FRAUD
MANSLAUGHTER
Generally
Criminal negligence, generally
All circumstances considered
Awareness of risk
Contributory negligence of victim
Model Penal Code’s negligent homicide
Proximate cause
Vehicle homicide
“Heat of passion,” generally
Adultery as provocation
Battery as provocation
Cooling off, actual
Cooling off, reasonable time for
Intoxication, effect of
Mistake, effect of
Model Penal Code’s subjective test
“Reasonable man,” characteristics of
Reasonable provocation
Requirements for
Victim other than provoker
Words alone as provocation
Involuntary, generally
Misdemeanor-manslaughter
Battery as basis for
Criticism of doctrine
Proximate cause
Traffic violation as basis for
Other extenuating circumstances, generally
Imperfect coercion or necessity
Imperfect crime-prevention
Imperfect defense of others
Intoxication
Mercy killing
Voluntary, generally
MAYHEM
MENS REA
Defined
See also INTENT, KNOWLEDGE, MENTAL STATE, NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY
MENTAL RETARDATION
Death penalty and
MENTAL STATE
Ambiguity as to
Intent
Knowingly
Negligent
Reckless
See also names of individual crimes
MISDEMEANOR
Definition of
MISPRISION OF FELONY
MISTAKE OF FACT
See IGNORANCE OR MISTAKE
MISTAKE OF LAW
See IGNORANCE OR MISTAKE
MODEL PENAL CODE
Origins of
MURDER
Generally
Death penalty for
Non-intentional killings
Non-murder cases
Racial prejudice
Depraved heart, generally
Awareness of risk
Elements of crime
Felony-murder, generally
Accomplice liability of other felons
After felony, killing occurring
Arson cases
Bystander killed by robber
Bystander killed by robbery victim or police
Causal relation between felony and death
Dangerous felonies, limited to
Death must be “natural and probable” consequence of felony
Distinguished from “depraved-heart” murder
Escape, killing occurring during
Felon accidentally kills self
Felon killed by co-felon
Felon killed by victim or policeman
“In the commission of” felony
Manslaughter as basis for
Model Penal Code rejects
Robbery as basis for
First-degree, generally
Intoxication as negating
Premeditation and deliberation
Intent-to-kill murder, generally
Deadly weapon as evidence of
Substantial certainty of death
Intent-to-seriously-injure murder
Knowledge that injury is highly likely
Model Penal Code rejection of
Living human required
When life begins
When life ends
Non-intentional killings
Proximate cause of
Reckless indifference to value of human life, see Depraved Heart, this entry
Second-degree
NECESSITY
Generally
Choice of evils
Civil disobedience
Homicide cases use in
NEGLIGENCE
As meeting mental state requirement
NON-PROSECUTION AGREEMENT
As punishment for convicted corporation
OMISSIONS TO ACT
Generally
Duty to act, generally
Based on contract
Based on special relationship
Based on statute
Based on undertaking to act
Liability limited
Respirator, turning off of
POSSESSION
As meeting act requirement
PRESUMPTIONS
Constitutionality of
Of intent
Of knowledge
PREVENTION OF CRIME
Use of force to achieve
PREVENTION OF ESCAPE
Use of force to achieve
PRINCIPAL IN THE FIRST DEGREE
See ACCOMPLICES
PRINCIPAL IN THE SECOND DEGREE
See ACCOMPLICES
PROXIMATE CAUSE
See CAUSATION
PUNISHMENT
Theories of
RAPE
Generally
Consent, lack of
Corroboration, requirement of
Homosexual
Intercourse, requirement of
Mistake as to consent
Spousal exemption
Statutory
RECEIVING STOLEN PROPERTY
Generally
Knowledge of theft
RECKLESSNESS
As meeting mental state requirement
REHABILITATION
As purpose of justice system
RENUNCIATION
See ATTEMPT
RESPIRATOR
Turning off of as crime
RETRIBUTIVISM
As theory of punishment
View on proportionality
ROBBERY
Generally
Aggravated forms of
Definition
From person or presence of another
Violence or intimidation
SELF-DEFENSE
Generally
Aggressor, rights of
Withdrawal by
“Battered child” and
“Battered women” and
Burden of proof
Bystander, injury to
Deadly force, use of
Retreat, requirement of
“Imperfect” self-defense
Mistake, effect of
“Imperfect” self-defense
Unreasonable error
Requirements for
Resisting unlawful arrest
Unlawful force requirement of
SOLICITATION
Generally
Communication not received
Defenses to
Mental state
Relation to attempt
SPECIFIC DETERRENCE
Defined
SPECIFIC INTENT
See INTENT
STATUS
As meeting act requirement
STATUTES
Use of in criminal law
STATUTORY RAPE
Mistake as to age
Underaged person as conspiracy defendant
STRICT LIABILITY
Generally
Constitutionality of
Model Penal Code treatment of
THEFT
Consolidation of three crimes into one
Model Penal Code
Historical overview
See also LARCENY, EMBEZZLEMENT, FALSE PRETENSES
THEORIES OF PUNISHMENT
Retributivism
Utilitarianism
TORTURE
Use of by law enforcement against terrorists
TRANSFERRED INTENT
UTILITARIANISM
As theory of punishment
View on proportionality
VAGUENESS
As constitutional problem
VEHICULAR HOMICIDE
VICARIOUS LIABILITY
Generally
Automobile owner
Constitutionality of
Employer
VIOLATION
Definition of
WHARTON’S RULE
XYZ CHROMOSOME DEFENSE
“YEAR-AND-A-DAY” RULE