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Criminal law

People who cannot commit a crime (PC 26): 1) Children under 14 2) Idiots – Mental Incapacity 3) Ignorance or mistake of fact 4) Unconsciousness of Behavior 5) Accident or Misfortune 6) Threats, Duress, Coercion 7) Self Defense 8) Insanity 9) Entrapment 10) Necessity Confession does not affect corpus delict’.

However, a voluntary confession can be used to gather other information on the crime. Confession cannot be used alone to establish guilt. Idiot evaluated by low IQ score of 10-24. The 5 factors of criminal negligence are: 1) Defendant must have a legal duty, or contractual relationship, toward a person, group or society in general. 2) Defendant must know, or reasonably should know that he has a legal duty and that there is a present existing danger. 3) There must be an apparent ability upon the part of the defendant to perform the legally imposed duty. ) It must be shown that the defendant failed to perform the duty that is legally mposed 5) It must appear that the defendants negligent act or omission was the cause of the injury sustained. Entrapment: Police induce a person to commit a crime. The can, however, provide the opportunity to commit the crime. Provocative act theory: If a defendant (accomplice) causes a provocative act that causes the death of one of his accomplices by the intended victim or police, he can be charged with murder.

Vicarious Liability theory: If two or more suspects agrees to kill someone, all of them can be charged with murder no matter who actually committed the act. Felony murder rule: This rule states that if any defendant kills under PC 189 , all persons aiding or abetting can be charged with 1st degree murder. Implied malice: Malice is implied when no provocation appears, or when someone shows an abandoned or malignant heart. (ex: DUI kills someone, recklessness) Express malice: deliberate intention to unlawfully take away someones life.

Self Defense: A person can defend themselves if they are in fear of their life. Goetz Case: Bernard Goetz was on a subway train, was heckled by 4 black kids, felt he was going to be mugged due to revious encounters and experiences, pulled a gun and shot all four, leaving one paralyzed. Insaantiy Tests: M’Naghten right/wrong rule, currently used in California. General Intent: Interred trom the mere doing ot an act, or tailure to act, when prohibited or commanded by law.

Specific Intent: When a crime involves not merely doing an act, but doing it with an intent and the existence of the intent is part of the crime. (With intent to defraud, with intent to defraud, etc) Transferred intent: Also known as constructive intent, credits the defendant with liability for the unintended onsequences of his initial act. Ex: while committing a robbery, you kill someone. The intent is transferred from the robbery to the murder.

Ignorance/mistake of fact: if, in good faith, you believe facts to be true that do not constitute a crime, you may be innocent. Ex: People v. Hernandez. Defendant believed girl to be age of consent, over 18, but really she was 17. Circumstantial evidence: You can be convicted on circumstantial evidence. Ex: convicted of murder without a body PC 20: In every crime or public offense there must exist a union or Joint operation of act and intent or criminal negligence.

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