Criminal Law

Question 1

When should a motion for judgment of acquittal be granted?

Answer 1

A motion for judgment of acquittal should be granted only if the prosecution has failed to present sufficient evidence for a reasonable jury to find that the defendant committed each element of the charged offense beyond a reasonable doubt.

Question 2

Abandonment

Answer 2

n most jurisdictions, voluntary withdrawal or abandonment is not a defense to the crime of attempt once the actor’s conduct has gone beyond mere preparation. A minority of jurisdictions take the view that the abandonment of an attempt before the crime is completed is an affirmative defense. However, the abandonment must be utterly voluntary.

Question 3

Involuntary Manslaughter

Answer 3

To be guilty of involuntary manslaughter, a person must cause the death of another human being by conduct that creates an unreasonable (or high and unreasonable) risk of death or serious bodily injury. The precise mens rea requirement will vary from jurisdiction to jurisdiction.

In most jurisdictions, a defendant is guilty of involuntary manslaughter when the defendant causes the death of another human being by engaging in conduct that creates an unreasonable (or high and unreasonable) risk of death or serious bodily injury.

The modern and the majority view is that the defendant must have acted “recklessly” to be convicted of involuntary manslaughter (i.e., the defendant must have been aware of the unreasonable (or unreasonable and high) risk of death or serious bodily injury that his conduct created). Recklessness is typically defined as conscious disregard of a known risk,

In other jurisdictions it is enough if the defendant acted with greater than ordinary negligence, which some states call “gross,” “criminal,” or “culpable” negligence.

A court must also prove that the defendants act was the cause of the death. Causation is shown by actual cause and proximate case. Actual cause=but for, proximate cause=forseseeability

Question 4

Accomplice Liability

Answer 4

First, Bob must have assisted Adam in the commission of the crime. DRessleR, supra, § 30.04[A][1]. Second, Bob must have acted with dual intentions: (1) “the intent to assist the primary party” and (2) “the intent that the primary party commit the offense charged.” Id. § 30.05[A]. In cases where the primary party’s crime is one involving recklessness or negligence, most jurisdictions hold that the second intent element is satisfied if the defendant intended to assist the primary party and otherwise acted with the mens rea required for the underlying offense (i.e., recklessness or negligence, as the jurisdiction requires)

Question 5

Competency of a Defendant

Answer 5

A defendant is competent if he understands the nature of the crimes with which he is charged; the nature and
consequences of the proceedings against him; and if he is able to participate effectively in his own defense. The trial judge has an ongoing obligation to suspend a trial if at any point it is established that the defendant is not competent to stand trial.