1 California Criminal Law (3d), Elements

 

I. CRIMINAL INTENT

A. General Criminal Intent ("Mens Rea").

1. [§1] Necessity of Mens Rea.

2. [§2] Purpose and Meaning of Concept.

3. [§3] Proof of Criminal Intent.

4. [§4] Motive Distinguished.

B. Specific Intent.

1. [§5] In General.

2. [§6] Evidence and Instructions.

C. Other Mental States.

1. [§7] Wilfulness.

2. Knowledge.

(a) [§8] In General.

(b) [§9] Facts That Must Be Known.

3. [§10] Corruption.

4. [§11] Malice.

5. [§12] Recklessness.

D. Transferred Intent.

1. Homicide.

(a) [§13] In General.

(b) [§14] Where Both Intended and Unintended Victim Are Killed.

(c) [§15] Where Attempted Murder of Intended Victim Is Charged.

(d) [§15A] (New) Where Intended Victim Is Killed and Attempted Murder of Unintended Victim Is Charged.

2. [§16] Assault.

E. Offenses Not Requiring Criminal Intent.

1. [§17] Public Welfare Offenses.

2. [§18] Other Offenses.

3. [§19] Constitutional Limitations.

F. [§20] Criminal Negligence in Absence of Intent.

 

II. CRIMINAL ACT OR OMISSION

A. [§21] In General.

B. Negative Act.

1. [§22] General Principles.

2. [§23] Illustrations of Statutory Duty.

C. Single, Multiple, and Included Offenses.

1. [§24] Nature of Problems.

2. Single Act or Transaction.

(a) More Than One Victim or Wrong.

(1) [§25] Multiple Offenses.

(2) [§26] Single Offense.

(b) Violation of More Than One Statute.

(1) [§27] Multiple Offenses.

(2) [§28] Single Offense.

(3) [§29] Several Acts or Transactions.

D. [§30] Possession and Transportation.

E. Solicitation.

(1) [§31] Nature of Crime.

(2) [§32] General Solicitation Statute.

(3) [§33] Solicitation To Commit Murder, Rape, or Sex Offenses.

(4) [§34] Miscellaneous Solicitation Statutes.

F. Causation.

1. [§35] In General.

2. Direct Causes.

(a) [§36] Foreseeability Immaterial.

(b) [§37] Concurrent Causes.

(c) [§38] Preexisting Condition.

3. [§39] Dependent Intervening Causes.

4. Independent Intervening Causes.

(a) [§40] Superseding Causes.

(b) Foreseeable Causes.

(1) [§41] In General.

(2) [§42] Killing by Another in Response to Felony.

(3) [§43] Negligent Medical Treatment.

(4) [§44] Negative Acts (Omissions).

 

III. THE CORPUS DELICTI

A. Meaning and Importance of Concept.

1. [§45] What Constitutes Corpus Delicti.

2. [§46] No Proof by Confession or Admission.

3. [§47] Degree of Crime Not an Element.

4. [§48] Identity of Perpetrator Not an Element.

5. [§49] When Rule Is Not Applicable.

B. Sufficiency of Proof.

1. [§50] Prima Facie Showing.

2. Circumstantial Evidence.

(a) [§51] General Rule.

(b) [§52] Homicide Without Confession or Admission.

 

IV. ATTEMPTS

A. Nature of Attempt.

1. [§53] In General.

2. [§54] Mere Preparation Insufficient.

3. [§55] Solicitation Distinguished.

B. [§56] Conviction Where Crime Is Completed.

C. [§57] Conviction Where Preparation Is Punishable.

D. Sufficiency of Acts.

1. [§58] Test of Proximity to Completed Crime.

2. [§59] Acts Held Sufficient.

3. [§60] Acts Held Insufficient.

E. Possibility of Completion of Crime.

1. [§61] General Principles.

2. [§62] Means Used.

3. Circumstances.

(a) [§63] In General.

(b) [§64] Theft.

(c) Stolen Property.

(1) [§65] In General.

(2) [§66] Where Property Was Never Stolen.

F. [§67] Voluntary Withdrawal.

 

V. CONSPIRACY

A. In General.

1. [§68] Nature, Elements, and Punishment.

2. [§69] Supporting Theory and Criticism.

3. [§70] Conspiracy Prosecution Inconsistent With Statute Defining Substantive Offense.

4. [§71] Conspiracy To Violate Unconstitutional Statute.

5. [§72] Single Conspiracy or Multiple Conspiracies.

6. [§73] Impossibility of Completing Substantive Crime.

7. [§74] Distinct Liability for Substantive Offense.

B. [§75] Agreement.

C. Specific Intent.

1. [§76] In General.

2. Conspiracy To Commit Murder.

(a) [§77] Intent To Kill Required.

(b) [§78] Punishable as First Degree Murder.

(c) [§78A] (New) Distinction: No Conspiracy To Commit Attempted Murder.*

3. [§79] Knowledge of Illegal Use of Goods or Services.

D. Two or More Persons.

1. [§80] Necessity of Multiple Persons.

2. [§81] Distinction: Alleged Coconspirators Tried Separately.

3. [§82] Identification and Conviction of Only One Conspirator.

4. [§83] Husband and Wife.

5. [§84] Where Crime Itself Requires Two Persons.

E. Objects of Conspiracy.

1. [§85] In General.

2. [§86] Object Must Be Unlawful.

3. [§87] False Charge, False Suit, and Fraud.

4. [§88] Injury to Public or Obstruction of Justice.

5. [§89] Conspiracy To Commit Any Crime.

F. Overt Act.

1. [§90] Purpose and Necessity.

2. [§91] Sufficiency of Acts.

3. [§92] Voluntary Withdrawal Before or After Overt Act.

G. Liability for Acts of Coconspirators.

1. Relation of Act to Criminal Design.

(a) [§93] Acts Within Scope of Conspiracy.

(b) [§94] Acts Outside Scope of Conspiracy.

2. Joining After Commencement of Conspiracy.

(a) [§95] Party to Existing Conspiracy.

(b) [§96] No Liability for Substantive Offense.

3. [§97] Acts After Termination of Conspiracy.