Crim MEE

Question 1

MPC Mens Rea Standards

Answer 1

Purposely
Knowingly
Recklessly
Negligence (objective)

Question 2

MPC - purposely

Answer 2

A person acts purposely when his conscious objective is to engage in certain conduct or cause a certain result

Question 3

MPC - Knowingly

Answer 3

A person acts knowingly when he is aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.

Most courts find that a defendant acts knowingly and has knowledge of a particular fact when the defendant is aware of a high probability of the fact’s existence and deliberately avoids learning the truth. Some states require actual knowledge by the defendant of a particular fact.

Question 4

MPC - Recklessly

Answer 4

A person acts recklessly when he knows of a substantial and unjustifiable risk and consciously disregards it

Question 5

MPC - Negligence

Answer 5

A person acts negligently when he fails to become aware of a substantial and unjustifiable risk

Question 6

Malice

Answer 6

D acts with reckless disregard or undertakes an obvious risk, from which a harmful result is expected
(Applies to arson and common law murder)

Question 7

Murder

Answer 7

The unlawful killing of another person with malice aforethought

Question 8

Malice aforethought

Answer 8

arises when no mitigating facts reduce the killing to a lesser crime and D commits the killing with one of the following mental states or circumstances:

1. Intent to kill
2. Intent to inflict great bodily injury
3. Depraved/malignant heart — a killing committed with reckless indifference to an unjustifiable risk of human life
4. Felony murder — killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony

Question 9

First-Degree murder

Answer 9

arises if a killing is either:

a. Deliberate & premeditated — D must have killed in a dispassionate manner and must have considered or reflected on his killing, even if only momentarily
- – Specific intent crime — voluntary intoxication and mistake of fact are valid defenses

b. Felony murder — killing during an enumerated felony (BARRK)
Many states list felonies that may serve as the basis for felony murder

Question 10

Voluntary Manslaughter

Answer 10

A killing resulting from an adequate provocation (heat of passion killing) or imperfect self-defense

Question 11

Required elements for adequate provocation (VM)

Answer 11

1. Provocation would cause sudden and intense passion in an ordinary person, causing him to lose self-control
2. D was in fact provoked (i.e., D actually lost control)
3. There was insufficient time for an ordinary person to cool off between the provocation and the killing (Very subjective and fact-based)
4. D did not cool off between the provocation and the killing

*Note — adequate provocation is not a defense to murder. But it can be a mitigating factor that reduces a murder charge to voluntary manslaughter

Question 12

Imperfect self-defense

Answer 12

if D murders while acting in self-defense, his criminal liability can be reduced to voluntary manslaughter if either:

• D initiated the altercation that required self-defense, or
• D unreasonably believed deadly force was necessary

*Note — not recognized in all jurisdictions

Question 13

Involuntary manslaughter

Answer 13

A killing committed with criminal negligence or during the commission of an unlawful act not constituting felony murder

Question 14

Criminal negligence

Answer 14

arises if D is grossly negligent

Question 15

M’Naghten test

Answer 15

D doesn’t know right from wrong

Due to a mental disease or defect, at the time of the offense D lacked the ability to know the wrongfulness of his conduct or understand the nature and quality of his act

Question 16

Irresistible impulse

Answer 16

D acted due to an irresistible impulse

Due to a mental illness, D was unable to control his actions or conform his conduct to the law

Question 17

MPC Insanity test

Answer 17

MPC — combination of M’Naghten & Irresistible Impulse:
As a result of D’s mental disease, D lacked the capacity to either appreciate the criminality of his conduct or conform his conduct to the requirements of the law

Question 18

Durham test

Answer 18

but for his mental illness, D would not have acted

Question 19

Infancy defense

Answer 19

• Under 7 years old — no criminal liability

- 7-14 years old — rebuttable presumption against criminal liability

Question 20

Diminished capacity defense

Answer 20

• Available if D can show that he has some mental defect short of insanity that prevented him from forming the mental state required for the crime
• Usually limited to specific intent crimes

Question 21

DPC

Answer 21

Due Process Clause forbids D from being tried, convicted, or sentenced if, as a result of his mental disease or defect, D is unable to either:

• Understand the nature of the proceeding, or
• Assist his lawyer in the preparation of his defense

Question 22

Mental capacity and execution

Answer 22

D cannot be executed if he is incapable of understanding the nature and purpose of the punishment at the time of execution

Question 23

False Pretenses

Answer 23

False pretenses (also called “obtaining property by false pretenses” or “larceny by false pretenses”) requires: (i) obtaining title to the property; (ii) of another person; (iii) through the reliance of that person; (iv) on a known false representation of a material past or present fact; and (v) the representation is made with the intent to defraud.

It is not a false representation if the statement made is an opinion, such as sales talk or puffing.