Crim 2 Essay/MBE

Question 1

Murder - Common Law

Answer 1

At common law, murder required malice;
(i) the intent to kill,
(ii) the intent to inflict great bodily injury,
(iii) reckless indifference to an unjustifiably high risk to human life, or
(iv) the intent to commit a felony.

Question 2

Arson

Answer 2

Modern Rule applies unless told otherwise.

Modern Rule: Malicious burning of any structure or dwelling. At least charring is needed.

Common law: Malicious burning of a dwelling house of another. At least charring is needed.

Malice:
1. intent
2. knowledge
3. reckless disregard of obvious risk

Question 3

Accomplice Liability: Modern Trend

Answer 3

Principals: engage in the act that causes the criminal result

Accomplice: aids, counsels, encourages principal with intent the crime be committed

Accessory After: receives, relieves, comforts, or assists knowing of the felony to help escape. Accessories are charged with a separate crime with punishment unrelated to the felony.