Crim Law 1

Question 1

Jurisdiction

Answer 1

Jurisdiction if (1) conduct occurred in the state or (2) result occurred in the state

Crimes of Omission: jurisdiction lies where the act should have been performed.

Question 2

Merger

Answer 2

Generally, crimes do not merge into another substantive offense
2 Merger Crimes: (1) solicitation, (2) attempt. (note: conspiracy does not merge)
Never merge crimes that have different victims*** (see transferred intent)

Question 3

Elements of Crime

Answer 3

(1) Actus Reus (guilty act)
(2) Mens Rea
(3) Concurrents (act and mental state existed at the same time)
(4) Causation and Harmful Result

Question 4

Actus Reus

Answer 4

(1) Conduct which is the product of your own volition
(2) Reflexive or convulsive acts do not qualify as an act (i.e. seizure, unconscious)
(3) No duty to act or rescue [EXCEPT (i) by statute; (ii) by contract (nurse, lifeguard) (iii) B/c of relationship between parties (parent, spouse) (iv) Voluntarily assuming a duty of care to someone else and then failing adequately to do it (v) Where Ds conduct created peril]

Question 5

Specific Intent Crimes

Answer 5

Solicitation, attempt, conspiracy, assault,
larceny, embezzlement, false pretenses, robbery, burglary, and forgery; Defenses only available to specific intent crimes: (1) voluntary intoxication (2) mistake (either reasonable or unreasonable)

Question 6

Malice

Answer 6

Required for murder and arson

Question 7

General Intent Crimes

Answer 7

Intent is inferred from the act;
Transferred Intent: if D intended to harm victim 1 but harmed victim 2, her intent is transferred. Never merge different crimes that have different victims (shoot at 1, hit 2= attempt and murder)

Question 8

Accomplice Liability

Answer 8

Accomplices are liable for the crime itself AND all other foreseeable crimes.

Not just present; must be actively in on the crime

Question 9

Defenses

Answer 9

(1) insanity
(2) intoxication
(3) infancy
(4) self-defense (use proper force to respond)
(5) defense of others
(6) defense of dwelling
(7) duress
(8) mistake of fact
(9) consent (almost never a defense)
(10) entrapment (almost never available)

Question 10

Insanity Defense

Answer 10

1) M’Naghten Rule (as a result of mental defect, did not know the wrongfulness of his act, or could not understand the nature and quality of his acts) (cognitive)
(2) Irresistible Impulse Rule (as a result of mental defunct, was unable to control his conduct or conform is conduct to the law) (volitional)
(3) MPC Test (lacked the substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law) (both volitional and cognitive)
(4) Durham (not followed anywhere) (not guilty if crime was the product of a mental disease or defect)

Question 11

Intoxication

Answer 11

1) Involuntary Intoxication (form of insanity, so check the relevant test, can be a defense to all crimes, including strict liability);
(2) Voluntary Intoxication (defense ONLY to specific intent crimes (not for strict liab, general, or malice crimes))

Question 12

Mistake of Fact

Answer 12

(1) Specific intent crime- Any mistake
(2) Malice and General Intent crimes- reasonable mistake only
(3) Strict liability- NEVER allowed