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Criminal Law Mini Outline 1. Preliminary matters a.

Classification of Crimes = Felonies (Punishable by death or imprisonment for more than a year) and Misdemeanors (All other crimes, punishable by less than a year in jail or a fine. ) b. Vagueness = Due process requires there be fair warning, and no arbitrary and discriminatory enforcement. (no ex post facto laws, no bills of attainder.) c. Merger = Common law (if both a felony and misdemeanor then merge into one felony.), Modern law (No longer merger except in regards to solicitation and attempt when they coincide with completed crimes.) double Jeopardy (prevents being tried for a lesser included crime if you have already been tried for the greater offense.) 2. Types of Crimes (And their Common Law Mental States) a. Specific Intent Crimes = Not just the desire to do the act, but desire to achieve a specific result. i. Property Offenses (larceny, embezzlement, false pretenses and larceny by trick are THEFT in GA.) 1. Embezzlement = Conversion of personal property of another by a person already in lawful possession of that property with intent to defraud. 2. False pretenses = Obtaining title to the personal property of another by an intentional false statement, with the intent to defraud. a. Must be of a present or past event. 3. Larceny = Trespassory taking and carrying away the personal property of another with the intent to permanently retain the property. a. Taking under claim of right isnt larceny. b. If intent to steal forms later tresspassory taking is continued, larceny occurs. 4. Larceny by trick = obtains custody, not title as result of false statement. 5. Robbery = Larceny, from someones person or presence by force, or threat of immediate injury 6. Forgery = Making or altering a writing so that it is false. 7. Burglary = Breaking and entering (the dwelling) of another (at night) with the intent to commit a felony inside. ii. Inchoate Crimes 1. Solicitation= Intent to have the person solicited commit the crime. a. Moment a D asks or encourages, or requests another commit a crime, completion is unnecessary. (doctrine of merger: if the crime solicited for is carried out, then the solicitation merges into the actual crime.) 2. Attempt = Intent to complete the crime. a. 2 prongs: Specific intent AND substantial step in furtherance of that attempt. (this is GA, and MPC, common law is proximity test = dangerously close)

i. Doctrine of merger applies again 3. Conspiracy= Enter into an agreement to accomplish the objectives of the conspiracy. a. Specific Intent i. Need an agreement between 2 or more guilty minds to commit a crime. (in GA yes, in MPC can be unilateral, 1 person) ii. Must have specific intent to enter into the agreement, and the specific intent to achieve the objective of the agreement. iii. Impossibility is not a defense. iv. b. Overt Act. Mere preparation will suffice. c. **** No merger. (Except in GA) iii. Crimes against a person 1. First Degree Murder = Killing committed with premeditation and Deliberation. NOT RECOGNIZED IN GA, where all murder is punishable by death or life in prison. 2. Assault = Intent to commit a Battery. Could be attempted battery (Swing and a miss) or; Intentional creation, other than by mere words, of a reasonable Apprehension in the mind of the victim of imminent bodily harm. (Fake Punch) iv. 2 Defenses 1. Voluntary Intoxication a. GA limited to more than temporary alteration of brain function 2. Mistake of Fact a. Even if unreasonable. b. Malice Crimes = Reckless disregard of an obvious or high risk that the particular harmful result will occur. i. Arson = Malicious Burning of a building. ii. Murder = Death of another person with Malice Aforethought. (Malice aforethought is (1) intent to kill, (2) Intent to inflict serious bodily harm, (3) Extreme Recklessness, meaning indifference to human life, A.K.A. depraved heart murder (4) Intentional commission of an inherently dangerous Felony A.K.A. Felony Murder.) 1. Intent to Kill = Use of a deadly Weapon (any instrument used in a manner likely to produce death or serious bodily injury) creates an inference of intent to kill. 2. Felony Murder = Any killing caused during the commission of or attempt of a felony. (D must be guilty of underlying Felony. Felony must be inherently Dangerous, e.g. arson, forcible rape, robbery, burglary, kidnapping. Killing must take place during the felony or the immediate flight. Felony must be independent of the killing, e.g. felony cant be merged with battery or assault felonies. Victim must be foreseeable, and must not be a co-felon. a. Vicarious liability = In most states, including GA, if one of the cofelons proximately causes the victims death, all other co-felons will be guilty, even if actual killing is committed by a 3rd party.

b. GA Allows any Dangerous Felony to be used for felony murder, not just inherently dangerous. GA DOES NOT RECOGNIZE LIMITATION ON MERGING FELONIES WITH THE KILLING, thus assault or battery can be the underlying crimes. 3. Feticide = GA , death of fetus at any stage of development, willfully through injury to mother that would constitute murder if it were to result in the mothers death; or during commission of a Felony. Punished by sentence to life in prison. 4. Voluntary Manslaughter a. Killing intentionally, in the heat of passion upon adequate provocation i. Actually provoked, no time to cool off, did not actually cool off. 5. Involuntary Manslaughter a. Killing during commission of a crime to which felony murder doesnt apply. b. (Not in GA) Unintentional killing (common law) Recklessly killing (MPC) iii. GA ONLY: Aggravated Assault and Battery = Assault perpetrated with a deadly weapon or with intent to: Murder, Rape, or Rob. Aggrevated Battery is Maliciously causing serious bodily harm to another. c. General Intent Crimes = awareness of all factors constituting the crime (need not intend the result) Jury may infer general intent from doing the act. Intent can be transferred where intended to harm to another victim or object. (applies to homicide, battery, and arson. Not attempt). Note: Motive is reason for the crime which is different than intent. i. Battery = unlawful application of force to another resulting in either Bodily injury or an offensive touching. ii. Rape = Sexual intercourse without consent, accomplished by force, threat of force, or while unconscious. iii. False Imprisonment = unlawful confinement of a person without his consent iv. Kidnapping = False imprisonment that includes moving victim or concealing in secret place. v. Possession of Contraband = Control for a period of time long enough to have an opportunity to terminate possession. 1. Knowledge of possession and character of the item possessed. vi. Reciept of stolen property = Recieveing possession and control of stolen personal property. 1. Knowing that property has been obtained criminaly by another party, and, with the intent to permanently deprive the owner of his interest in the property. (Theft offense in GA) d. Strict Liability = Crime requires simple the doing of the act. i. Public Welfare offenses = regulatory offenses that implicate public heath or safety. E.g. transferring unregistered firearms, selling liquor to minors, Bigamy

ii. Statutory Rape = Sexul intercourse with someone under age of consent (16 in GA) 1. MPC a reasonable mistake of age is a defense. 3. Elements Required for Commission of Crime a. Actus Reas (Criminal Act) = Voluntary physical act (bodily movement) or failure to act when under legal duty to act. (requiring; specific duty, D knowledge of the duty, and that it is reasonable to perform the duty.) i. Possession can be an Act provided the D controlled the item long enough that they could terminate possession. Generally state of mind is irrelavent and the D need only know of possession not its illegality, (unless a state of mind element is added, e.g. knowingly) b. Mens Rea (Mental State) See types of crimes for common law i. Alternatively MPC has the following 1. Purposely = D acts purposely when it is conscious desire to achive a particular result. 2. Knowingly = Aware of whet he is doing. Acts knowingly when he is aware that it is practically certain that his conduct will cause the result. (Willfully is equivalent to knowingly) 3. Recklessness = aware of a substantial and unjustifiable risk, and consciously disregards that risk. 4. Negligence = should have been aware of a substantial and unjustifiable risk. 5. Strict Liability (same as common law) 6. Vicarious Liability Offenses = Held liable for the criminal conduct of another (usually an employee) limited to regulatory crimes and to fines as punishment. 7. Enterprise Liability = Corporations may be held liable for act performed by: (i) an agent of the corporation acting within scope of office, or corp agent high enough to presume acts reflect corporate policy (Compare common law where corp cannot commit crimes) c. Concurrence of Physical Act and Mental Act = Mental state must be present at time act was committed. d. Causation (Two Types you need both) = Actual Causation (But for the D conduct the bad result would not have happened. Note: Acceleration is an actual cause), and Proximate Cause (also called legal cause. Bad result is a natural and probable consequence of D actions. Not the proximate cause if an unforeseeable intervening event cause the bad result. Can be Proximate cause even if victims pre existing weakness contributed to bad result, called eggshell principle.) Generally Causation is applicable to homicide etc. e. Harm f. (Reckless)/Involuntary Manslaughter (Criminal Negligence) (Malice) 4. Parties to a crime a. Person commiting crime is the principal, person who helps is an accomplice i. Accomplice = Aids or encourages the principal with the intent that the crime be committed. (GA accomplice can be tried and convicted even if pricipal is acquitted.)

1. Accomplice is guilty of all crimes principal commits and other foreseeable crimes. ii. Withdrawl (must be before crime is committed) = Encourager, may simply repudiate encouragement. Aider must either neutralize the assistance or prevent the crime from happening (e.g., by notifying authorities) b. Accessory after the fact = help a principal who has committed a felony with knowledge that the crime has been committed, and with intent to help principal avoid arrest or conviction. (GA now obstruction of justice, harboring a fuitive, or hindering prosecution) 5. Capacity Defenses a. Insanity = Mental Disease or Defect and 1 of 3 tests i. M Naghten Test = D did not know what was Wrong, or did not understand Nature of his conduct ii. Irressistible Impulse test = unable to control his actions, or unable to conform conduct to the law. iii. MPC Test = lacked substantial capacity to appreciate the criminality of his conduct, or conform his conduct to the requirements of law. iv. GA = D did not know his act was wrong; or D was operating under a delusional compulsion that overcame his will to resist committing the crime. b. Incompetency = at time of TRIAL D cannot either understand the nature of the proceedings against him; or assist his lawyer in the preparation of his defense. i. Postponed until D regains competency. c. Infancy = rule of 7s, (13 in GA) d. Mistake of Fact = Specific intent, any mistake even unreasonable is defense, Malice or General intent only reasonable mistake will be defense. No defense for strict liability. e. Mistake of law = not a defense unless knowledge of law is an element. f. Self Defense = reasonable force to protect immediate threat of unlawful force. (Deadly force only if threatened with Death or serious bodily harm. i. Can be used to defend others. ii. Initial aggressors cant use, unless withdraws and communicates withdrawl, or victim suddenly escalates a non-deadly fight into a deadly one. iii. Might have to retreat if possible, (not in GA, not in home and not if unsafe to do so.) g. Necessity = Defense if reasonably believed conduct was necessary to prevent greater harm. (unless causes death of another to protect property, or D caused the choice of evils. h. Duress = defense if coerced with threat of iminnent death or serious bodily harm to self or close family member. (cant be duressed into committing murder.) i. Entrapment = if gov tempted to commit crime and design originated with government and D wasnt predisposed to commit it. (GOOD LUCK WITH THAT)

Crim Pro Mini Outline 1. Search & Siezure/4th amendment (must be by government agent) a. Expectation of privacy. (Persons, Houses, Papers, Effects) i. No expectation of privacy in objects or places held out to the public or that may be viewed from a public vantage point. 1. Paint scrapings 2. Arial view 3. Account Records 4. Garbage 5. Voice 6. Odor 7. Handwriting 8. Open Fields ii. Ones home: 4th Amend: Protects highest expectation of privacy iii. Business/Factory: advanced photo equip/special lenses ok. iv. Must have Standing to challenge (own premises, reside there, possibly overnight guest b. Valid Search i. Need probable cause (informants tips ok) and particularity (place to be searched and items to be seized) and Warrant (issued by neutral and detached magistrate) ii. Officers Good faith reliance on defective search warrant permissible (not in GA) 1. Except; a. Affidavit supporting warrant application egregiously lacked probable cause. b. So facially deficient in particularity. c. Affidavit relied upon by magistrate contains knowing or reckless falsehoods. d. Magistrate is biased. iii. When officers execute (w/in 10 days in GA) they must comply with terms and limitations of warrant and knock and announce (evidence wont be thrown out for knock and announce rule violations.) iv. Exceptions to Warrant Requirement (ESCAPIST) 1. Exigent Circumstances = Evanescent Evidence, Hot Pursuit, Emergency Aid. 2. Search incident to Arrest = search contemporaneous with time and place of arrest. (within wingspan, including cabin of car, not trunk) 3. Consent = voluntary and intelligent consent from someone with apparent authority. 4. Automobile = probable cause to believe contraband or evidence of crime will be found in vehicle (entire vehicile) 5. Plain View = lawful access to place, lawful access to item itself, and criminality must be immediately apparent. 6. Inventory = search upon arrestees being booked into jail, or vehicles when they are impounded.


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7. Special Needs = Drug testing, parolees, school searches, border searches, non-law enforcement primary purpose test. 8. Terry Stop & Frisk = seizure for suspicious activity, pat down for weapons (officers belief) c. Exclusionary Rule = if obtained in violation of statutory or constitutional provisions is inadmissible in court except to impeach D on cross exam. i. Fruit of the poisonous tree = derivative evidence is impermissible if direct was impermissible due to violations. 1. Unless available from an independent source, inevitably discoverable, or Attenuation (passage of time and intervening events) occurs. d. Wiretapping and Eavesdropping i. Wiretapping = need Suspected persons, Time, Crime and Conversations to get warrant. ii. Eavesdropping = assume the risk that whoever you are talking to is wearing a wire. Confessions/Miranda/5th Amendment (right to counsel) a. Miranda (there is a public safety exception) i. Right to remain silent ii. Anything you say can and will be used against you in court of law iii. Right to an attorney iv. If you cant afford one, an attorney will be appointed for you. b. Ds 5th Amend Right to counsel i. Counsel to avoid self incrimination. c. Custodial interrogation i. Not in custody then Miranda doesnt apply. d. Confessions (Voluntary or coerced i. Voluntary = knowing and intelligent waiver of rights (totality of circumstances test) 1. Admissible ii. Coerced = overreaching, 1. Inadmissible. e. Miranda does not apply to spontaneous statements not made in response to interrogation. f. Test is whether persons freedom is constrained in legitimate way. Right to counsel/Messiah/6th Amendment (right to counsel) a. Post indictment interrogation. (attaches when D is formally charged) i. It is offense specific. Pretrial Identification (no 5th amendment right to counsel) a. Line-ups (6th amendment right) b. Show ups (6th amendment right) c. Photo Arrays (no 6th amendment right) Double Jeopardy a. Attaches i. When jury sworn in for jury trial ii. 1st witness called for Bench trial

iii. Guilty plea when court accepts plea unconditionally. iv. Never attaches to civil proceedings. b. Same offense not the same offense if each contains an element the other does not. i. Greater and lesser included offenses preclude one another. ii. Different states are not the same sovereign. Nor is the state and fed gov the same sovereign.