Crim Pro & Crim Law MEE One Sheets Flashcards
Key principle #1: Know the basic elements of a crime—act, intent, causation & concurrence.
- Causation has been tested twice on the MEE (both times combined w/ murder), & both times causation was present.
- Causation requires showing that D’s acts were both the actual & proximate cause of the outcome.
- Proximate cause is present if outcome was foreseeable.
Key principle #2: understand what accomplice liability is and what it requires.
- A person is guilty as an accomplice if he assists/ encourages the principal w/ dual intents:
(1) the intent to assist the primary party, and
(2) the intent that the primary party commit the offense charged. - Remember a person is not liable for accomplice liability—they are liable for the crime committed through theory of accomplice liability.
Key principle #3: it is important to understand murder and manslaughter distinctions.
- Introduction to murder: state: “In order to be guilty of murder, the defendant must have the mens
rea of malice aforethought which is satisfied in most jurisdictions with intent to kill (first-degree),
with knowledge that his acts would kill (first-degree), with intent to inflict great bodily harm
(second-degree), or with reckless disregard of an extreme risk to human life (second-degree).” - First-degree murder: this is the intent to kill with premeditation and deliberation. Some states
follow the rule that premeditation and deliberation require proof of a cool mind capable of
reflection and some period of reflection. Other states follow the view that premeditation and
deliberation can occur in an instant and can be inferred from circumstantial evidence (e.g., using a
deadly weapon). (Sept 2020) - Second-degree murder: This is satisfied by the intent to inflict great bodily harm or by acting with
reckless disregard of an extreme risk to human life (depraved heart murder). (Note: it is also the
catchall—i.e., when an act constitutes “murder” but is not quite first-degree.)
§ Note that the requirement for depraved heart murder usually requires that the defendant
acted recklessly and that the defendant’s conduct shows a “high degree of indifference to
the value of human life.” (July 2007) - Felony murder: This applies to any killing that occurs during the commission of a felony, an attempt
to commit a felony, or a flight from a felony. The felony must be inherently dangerous, and the
purpose of the felonious conduct must be independent of the homicide. (Sept 2020) - Voluntary manslaughter: an intentional killing of a human being without malice aforethought
committed in the heat of passion due to adequate provocation. (Sept 2020) - Involuntary manslaughter (misdemeanor manslaughter): The defendant causes the death of
another human being by engaging in conduct that creates an unreasonable risk of death or serious
bodily injury. The majority view is that the defendant must have acted “recklessly.” Some states say
that “gross negligence” is enough
Key principle #4: The only inchoate crime that has been tested on the MEE is attempt.
- Know that the mens rea is “intent” & actus reus requires “acts beyond mere preparation.”
- To prove attempt, prosecution must prove 2 elements:
(1) D intended to commit the crime, and
(2) D’s acts went sufficiently beyond “mere prep” to commit the crime. (CL uses words “dangerously close” to the crime, whereas MPC requires that D’s conduct is a “substantial step” toward the crime & corroborative of his criminal intent.) In most states, abandonment is not a defense to attempt
Key principle #5: be familiar with criminal defenses that have been tested on Criminal Law MEE questions.
- Duress: D commits a crime b/c there was a threat/ use of force by another which caused a reasonable fear that, if D did not perform the crime, either he/ 3rd person would suffer imminent death/serious bodily injury. One cannot use duress as a defense
to an intentional homicide. (July 2015) - Insanity: The majority of states use the M’Naghten test. D 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
Key principle #1: When the Fourth Amendment prohibition against unreasonable searches and seizures is
tested, start your essay by identifying the Fourth Amendment.
Keep in mind the below principles.
- Standing: a person has standing to raise a 4th Amend challenge if he has an expectation of privacy in the thing searched/seized. (July 2009)
- General rule: The 4th Amend applies to searches/ seizures conducted by gov agents in areas where the complaining individual has a reasonable expectation of privacy.
- An agent usually needs a warrant.
- However, there are many exceptions, including exigent circumstances, search incident to arrest, consent, the automobile exception, plain view, inventory searches, special needs, and Terry stops/frisks. The following have been tested on the MEE:
- Plain view exception: if officers are lawfully in a position from which they view an object, if its incriminating character is immediately apparent, & if officers have a lawful right of access to it, they may seize it w/o a warrant. (July 2021, July 2011)
- Terry stops & frisks: 4th Amend permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.
Key principle #2: If the essay tests confessions, be able to distinguish between the Fourteenth
Amendment, Sixth Amendment, and Fifth Amendment, as well as when the rights under those
Amendments attach.
- Know that anything other than an unequivocal request for counsel will not be sufficient to invoke one’s 5th Amend Miranda rights.
- Also note that officers are virtually never required to tell D that a lawyer is trying to contact him. These points have been emphasized
on past MEE questions. - 14th Amendment—voluntariness under the Due Process Clause
- The standard for excluding a confession under the Due Process Clause is (1) whether the police subjected suspect to coercive conduct & (2) whether conduct was sufficient to overcome the will of the suspect.
- Neither the confession nor the fruits of the confession can be admitted if 14th Amend is violated.
Sixth Amendment—right to counsel
- 6th Amend, as applied to the states through 14th Amend provides that the accused has the right “to have Assistance of Counsel for his defense.”
- It attaches when judicial proceedings have begun (when the accused is formally charged via indictment, arraignment, preliminary hearing, etc.)
- It does not attach upon arrest.
- It applies to all “critical stages” of the prosecution after formal charges are filed.
- Once it attaches, any attempts to deliberately elicit an incriminating statement about the offense that D was charged with, in the absence of counsel or a knowing, intelligent, & voluntary waiver, violates the 6th Amend
Fifth Amendment—right to counsel and right to remain silent:
- state: “Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation.”
- Public safety: warnings are not required if the questions are intended to protect public safety (secure weapons after a shooting)
- Custody: a suspect is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest.
- Interrogation: this includes questioning initiated by officers/any words/actions that police should know are reasonably likely to lead to an incriminating
response from the suspect. - A valid Miranda waiver: The suspect must make a “knowing, intelligent, and voluntary” waiver. This is a low bar.
- A valid Miranda invocation: for both the right to remain silent & right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request (e.g., “I think I need a lawyer” is not enough).
- If a violation occurs: The statements are excluded from the prosecutor’s case-in-chief.
- The physical fruits are not excluded if the statements were made voluntarily.
