Criminal Law

1. The conduct happened there OR2. The result happened there.

Exception: solicitation and attempt.
Solicitation and attempt merge into the substantive offense. Thus, if you have completed the crime, you CANNOT be charged with attempting to commit that crime.
Conspiracy does NOT merge. You can be charged with conspiring to do something and actually doing it.

1. Voluntary Act or Omission2. Mental State

Things that are NOT voluntary acts:
1. conduct that is not product of own volition2. reflexive or conclusive act (seizure)3. act performed while unconscious or asleep

Legal duty to Act when:
1. statute requires (file tax return)2. contract (lifeguard or nurse)3. relationship between the parties (children, spouse)4. you voluntarily assume a duty of care and then fail to adequately perform it 5. your conduct created the peril

1. specific intent crimes2. malice crimes3. general intent crimes4. strict liability crimes

Solicitation, Conspiracy, Attempt, 1st Degree Murder, Assault, Larceny, Embezzlement, false pretenses, robbery, burglary, forgery
"Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts."

Important because additional defenses are available.1. voluntary intoxication2. unreasonable mistake of fact

"Reckless Disregard"
Murder and Arson

Rape and Battery
Catch-all category

Administrative, regulatory or morality areas and NO adverbs such as knowingly, willfully, or intentionally then it is strict liability.
Mistake of fact defense NEVER available.

1. purposely: conscious objective2. knowingly: aware that conduct will cause result3. recklessly: consciously disregards a substantial and unjustifiable risk 4. negligently: fails to be aware of a substantial and unjustifiable risk

Aids, Advises, Encourages
must have intent that the crime be committed
Liable for crime itself and ALL OTHER foreseeable crimes.
Withdrawal: if encouraged, must repudiate. If provided assistance, must neutralize assistance. Contact the police.

1. Solicitation: asking someone to commit a crime. If person agrees, becomes a conspiracy. Solicitation merges and only crime is conspiracy.2. Conspiracy: agreement (conduct OK), with intent to agree, and an intent to pursue an unlawful objective. 3. Attempt: specific intent and overt act. Overt act must be a substantial step in furtherance of the commission of the crime. Mere preparation not enough.

Bilateral Conspiracy: Need 2. If one person is merely feigning agreement, the other person cannot be guilty of conspiracy.
Majority rule: agreement AND overt act in furtherance of the conspiracy. Any act ok, even mere preparation.
Minority Rule: agreement only is sufficient.
Withdrawal never relieves the defendant from liability for the conspiracy itself.

1. Insanity2. Intoxication3. Infancy