Crim Law

Question 1

Causation Requirements

Answer 1

Causation requires that the defendant’s acts were both the actual and proximate cause of the outcome. Proximate cause is present if the outcome was foreseeable.

Question 2

Accomplice Liability

Answer 2

A person is guilty as an accomplice if he assists or encourages the principal with dual intents:
1. the intent to assist the primary party, and
2. the intent that the primary party commit the offense charged.

KEY: A person is not liable for accomplice liability–they are liable for the crime committed through the THEORY of accomplice liability.

Question 3

Murder Language

Answer 3

“In order to be guilty of murder, the defendant must have the mens red of malice aforethought which is satisfied in most jurisdictions with intent to kill (1st Degree), with knowledge his acts would kill (1st degree), with intent to inflict great bodily harm (2nd Degree), or with reckless disregard of an extreme risk of human life (2nd degree).

Question 4

Felony Murder Language

Answer 4

Felony murder applies to any killing that occurs during the commission of a felony, an attempt to commit a feloony, or a flight from a felony.

Question 5

Voluntary manslaughter

Answer 5

VM is an intentional killing of a human being without malice aforethought committed in the heat of passion due to adequate provocation.

Question 6

Involuntary manslaughter

Answer 6

The D causes the death of another human being by engaging in conduct that creates an unreasonable risk of death or serious bodily injury.

Majority View: the D must have acted recklessly

Question 7

Attempt Elements

Answer 7

To prove attempt, the prosecution must prove two elements:
1. the defendant intended to commit the crime, and
2. the defendant’s acts went sufficiently beyond “mere preparation” to commit the crime.

MPC requires that the defendant’s conduct is a “substantial step” toward the crime and corroborative of his criminal intent.

Question 8

Duress Defense

Answer 8

The defendant commits a crime because there was a threat or use of force by another which caused a reasonable fear that, if the defendant did not perform the crime, either he or a third person would suffer imminent death or serious bodily injury.

NOTE: Duress is NOT a defense to an intentional homicide.

Question 9

Insanity Defense

Answer 9

The majority of states use the M’Naghten test. The defendant must prove he suffered a disease of the mind that caused a defect of reason, and as a result he lacked the ability to know the wrongfulness of the actions or understand the nature and quality of his actions.

Question 10

M’Naughten Test Elements (3) DD-W/N

Answer 10

1. A DISEASE of the mind
2. that caused a DEFECT of reason
3. such that the defendant lacked the ability to know the WRONGFULNESS of their actions OR understand the NATURE and quality of their actions.