1.

2.

3.

Conduct a. Voluntary Act i. Conduct is generally voluntary if the actor made a conscious choice to act, even if coercion influenced choice ii. Time shifting may occur (act is not taking meds when the crime happens later) b. Omission i. Omission + Duty = Voluntary Act 1. Statute 2. Contractually 3. Relationship 4. Voluntary assumption of aid 5. Creation of peril c. Possession i. Actual 1. Knows of its presence and has physical control ii. Constructive 1. Dominion and control over the substance iii. Joint possession Mental States a. Purposely (KY Intentionally) i. Conscious object is to engage in conduct and cause result b. Knowingly i. Aware of conduct and result is practically certain c. Recklessly i. Consciously disregards substantial and unjustifiable risk ii. Is aware of risk iii. Elements 1. Substantial risk 2. Unjustifiable risk 3. Awareness 4. Gross deviation (from standard of care of reasonable person) 5. In the same situation (subjective test; as the actor believed) d. Negligently i. Fails to recognize substantial and unjustifiable risk ii. Not aware of risk, but should have known iii. Elements 1. Substantial risk 2. Unjustifiable risk 3. Should be aware 4. Gross deviation (from standard of care of reasonable person) 5. In the actor's situation (objective test; as the facts actually were) e. Strict Liability i. No mental state ii. Usually low punishment f. Mistake of Law i. No defense g. Mistake of Fact i. Can negate culpable mental state ii. Must be reasonable, and the act to be justified must be taken under a bona fide mistaken belief h. Intoxication i. Negates purposeful and knowingly mental states ii. If reckless or negligent, treated as if no intoxication iii. Must be voluntary Homicide a. Elements i. Intent to cause the death of another ii. Expressed in iii. A voluntary criminal law act

b.

4.

Purposeful (Express malice) Implied Malice 1. Intent to do serious bodily injury 2. Extreme Recklessness (see 5 part test, then must go beyond) a. "consciously disregards a substantial and unjustifiable risk to human life. When such recklessness is extreme-when the risk of death is great and the justification for taking the risk is weak or nonexistent-the actor is guilty of murder" 3. Felony Murder a. Inherently dangerous felony or attempted inherently dangerous felony i. Not aggravated battery, since that usually can killnot sufficiently independent ii. Crimes like robbery, rape, arson b. Not MPC per se, but can show implied malice/extreme indifference c. MPC, extreme indifference is rebuttable d. Don't have to prove elements of murder e. Limits i. Enumeration 1. Only felonies listed count; all others excluded ii. Inherently Dangerous Felony 1. Only if the felony is inherently dangerous iii. The Merger Test 1. Felony must not merge with homicide 2. Independent felony rule iv. Agency (In Furtherance) 1. Was the shooter a felon? 2. Was the victim a felon? v. Res Gestae 1. Time and place limitations 2. Was the felony still happening? c. Manslaughter i. Reckless Murder 1. 5 steps 2. No indifference to human life ii. Voluntary Manslaughter (provocation) 1. MPC/KY (not legally adequate provocation, more subjective) a. Otherwise qualify for murder b. Actor must kill "under the influence of extreme mental or emotional disturbance" c. Must be reasonable explanation or excuse for emotional disturbance d. Reasonableness is determined from the view point of a person in the actor's situation under the circumstances as the actor believes them to be (subjective) 2. Lawton Test (non MPC; traditional test) a. Legally adequate provocation (objective, judge) b. No time to cool off (objective, jury) c. Provocation must have actually impassioned (subjective, jury) d. Not have actually cooled off (subjective, jury) d. Negligent Homicide (Involuntary Manslaughter) i. 5 step test Causation a. Causation in fact AND proximate cause required b. Causation in fact necessary i. But-for ii. Independently sufficient iii. Substantial factor c. Proximate cause (foreseeable) necessary i. Could be limited by

iv. v. Murder i. ii.

That causes the factually (but-for) ad legally (proximately-foreseeable and direct cause of death) The death of that person (actual death must results)

1. 2. 3. 5.

Outside time limit Pre-existing condition Intervening causes

6.

7.

Attempt a. Mental state is purposeful (intent), even if crime does not i. Speeding recklessly and hit someone. Not attempted murder (no intent), but if they die, could be reckless murder b. If crime is complete, generally only charged with crime c. MPC-Substantial Step Test (discuss both tests) i. What's been done so far ii. Beyond mere preparation iii. The overt act is more than for conspiracy iv. Must be strongly corroborative of criminal purpose d. Non-MPC- Proximately Test i. What's left to be done e. Abandonment of Attempt (MPC) i. Must be complete ii. Must be voluntary iii. Can't see the cops coming f. Abandonment of Attempt (Traditional) i. Cannot abandon g. Impossibility i. Factual 1. Not a Defense a. Sting operation, goods aren't actually stolen b. You shot a dead man--still attempted murder, but could never be murder ii. Legality 1. Defense a. You think it's illegal, but it is not b. You know it is baking soda, not cocaine c. If you think its cocaine but it's baking soda, not a defense Complicity a. Purpose to aid, abed, or attempt to aid principle in completion of crime b. Mental state i. Intent to aid another person ii. Share purpose of crime and share mental state of crime (reckless, etc) 2 mental states iii. Knowing is 1st mental state in minority c. Full liability of principle d. Abandonment i. Terminate complicity prior to commission AND neutralize effect of aid OR ii. Terminate complicity prior to commission AND effort to prevent (like contact police) 1. Effort may not succeed Conspiracy a. Can be charged with conspiracy and crime b. Conduct i. 2 or more agree to commit a crime 1. Bilateral agreement a. Mental state of both parties (if one a cop, no conspiracy) 2. Unilateral agreement (MPC approach) ii. Overt act in the furtherance of the agreement 1. Only requires one party to act 2. Overt act itself does not have to be illegal and can be much less than an overt act for attempt, such as a phone call iii. Conspiracy can be implied; does not have to be express c. Mental State i. Normally purpose ii. Knowledge alone may be enough in serious crimes d. Pinkerton Doctrine

Responsible for the overt acts of fellow conspirators that are in-furtherance of the conspiracy 1. Even if the member of the conspiracy in unknown to the other member of the conspiracy ii. Def. not responsible for the actions that go beyond the scope of the agreement of are not foreseeable 1. Murder would be a foreseeable outcome of a bank robbery e. Corrupt Motive Doctrine i. If acting in good faith, they may be guilty of crime, but not the conspiracy f. Wharton's Rule i. When it takes two to commit the crime (drug buyer and drug seller), only the seller is liable because buying drugs is not a crime under that statue. True, but actual Wharton's Rule: ii. When a crime requires more than 1 participant, finding of conspiracy requires that at least one more than the minimum number of participants required for the act are joined in the agreement g. Abandonment i. Must thwart success and completely and voluntarily withdraw 8. Self-Defense a. Basic Rule i. Reasonably believes (subjective and objective) is in imminent danger of unlawful bodily harm ii. Use of force necessary to protect against danger b. Retreat i. Traditionally do not have to retreat, especially in home ii. Possibly if you can retreat in complete saftey c. Initial Aggressor Rule i. Not available if you are initial aggressor unless you communicate and withdraw and other party continues to use or threaten unlawful force d. Deadly Force i. Mistake 1. If belief is neg. or reckless, you can be charged with reckless or negligent homicide 2. If reasonable, unfortunate mistake ii. When necessary to prevent death, serious bodily injury, kidnapping, rape iii. Unlawful escalation to deadly force 9. Necessity a. As actor believes b. Choice of Evils (MPC) i. Believe conduct necessary to prevent greater harm to self or others ii. No imminence requirement iii. Could apply to homicide good name defense, force of nature iv. In KY, cannot commit homicide to save own life 10. Duress a. As reasonable person in defendant's situation believes b. An excuse, not justification c. Elements i. Coercion by the use or threat to use unlawful force against defendant or another ii. Person of reasonable firmness in his situation would have been unable to resist d. Not available if one's own recklessness got into situation 11. Insanity a. Cognitive OR Volitional i. Cognitive is unable to appreciate wrongfulness ii. Volition is unable to conform to law b. Must be connection with type of insanity and crime c. Must look at societies values, not one's own d. Time Framing Issues

i.