SUBJECT MATTER INDEX

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