CA CLS Criminal Law cheat sheet

Burden and standard: the prosecution must prove every element of an offense beyond a reasonable doubt; the defendant bears the burden of production and persuasion on affirmative defenses such as insanity, necessity, and duress (except where the defense negates an element).

Actus reus requires a voluntary physical act or a legal duty to act; a duty arises from statute, contract, relationship, voluntary assumption of care, or creation of the peril. Mere thoughts or status cannot be punished.

Mens rea hierarchy under MPC: purposely, knowingly, recklessly, negligently. California uses specific intent (aim to achieve result or knowledge of attendant circumstances), general intent (awareness of act), and strict liability (no mens rea; typically regulatory or public welfare offenses).

Transferred intent applies when the defendant intends to harm one person but harms another; the intent transfers to the actual victim, and the defendant remains liable for the original intended harm if completed.

Mistake of fact is a defense when it negates the required mens rea: reasonable mistake defeats general intent and specific intent; unreasonable mistake defeats only specific intent. Mistake of law is generally no defense unless it negates intent or is reliance on an official statement.

Causation: actual cause (but-for) plus proximate cause (foreseeable result). An intervening cause breaks the chain unless it is a dependent intervening cause (responsive to the defendant's conduct) or the defendant's conduct created the risk.

Attempt requires specific intent to commit the target crime plus a substantial step (MPC) or an act beyond mere preparation (California). Legal impossibility is no defense; factual impossibility is no defense to attempt.

Conspiracy requires an agreement between two or more persons with intent to achieve an unlawful objective and an overt act (California and MPC). Unilateral vs. bilateral approach: California follows unilateral (only one party need have genuine intent); Wharton's rule bars conspiracy for crimes requiring two participants.

Accomplice liability: a person who aids, abets, counsels, or encourages with intent to facilitate the crime is liable as a principal; natural and probable consequences doctrine extends liability to foreseeable crimes committed by the principal.

Self-defense: reasonable belief in imminent unlawful force, proportional force, and no initial aggressor (unless withdrawal). Deadly force is permitted only against imminent death or serious bodily harm. California requires no duty to retreat in one's home or where lawfully present.

Defense of others: a defendant may use force to protect a third person if the third person would have been justified in using self-defense, judged by the defendant's reasonable belief (MPC) or the actual facts (common law).

Duress: a threat of imminent death or serious bodily harm that the defendant did not create; duress is not a defense to intentional homicide in California or at common law. Necessity is not a defense to homicide either.

Insanity tests: M'Naghten (did not know nature/quality of act or wrongfulness); irresistible impulse; MPC/ALI (lacks substantial capacity to appreciate wrongfulness or conform conduct); Durham (product test). California uses M'Naghten plus the volitional prong in some formulations; the burden is on the defendant by a preponderance.

Competency to stand trial (Dusky) requires the defendant to understand the proceedings and assist counsel; it differs from insanity at the time of the offense.

Murder: unlawful killing with malice aforethought - intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk (depraved heart), or felony murder. First-degree murder in California includes premeditated killing, lying in wait, and enumerated felonies.

Felony murder: killing during the commission of an inherently dangerous felony (Burglary, Arson, Rape, Robbery, Kidnapping, mayhem, train wrecking). The merger doctrine bars felony murder when the underlying felony is an integral part of the homicide (e.g., assault). The defendant must be the proximate cause; agency theory limits liability to killings by a co-felon.

Voluntary manslaughter: murder mitigated by adequate provocation (heat of passion) or imperfect self-defense. Involuntary manslaughter: negligent or misdemeanor-manslaughter killing without malice.

Inchoate offenses merge into the completed offense for sentencing, except conspiracy (which does not merge) and attempt (which does merge). Solicitation merges into the completed offense.