Criminal Law

Question 1

What are the basic elements of a crime?

Answer 1

1. Act
2. Intent
3. Causation
   * *Actual** and proximate (only present if outcome was foreseeable) cause
4. Concurrence

Question 2

A person is guilty as an accomplice if he _____ or _____ the principal with _____ _____.

Answer 2

A person is guilty as an accomplice if he assists or encourages the principal with dual intents.

Question 3

What intent is required for accomplice liability?

Answer 3

Dual Intents:

1. The intent to assist the primary party; AND
2. The intent that the primary party commit the offense charged

Question 4

True or False: An accomplice is liable for the crime committed.

Answer 4

True.

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

Question 5

Introductory Sentence: Murder

Answer 5

In order to be guilty of murder, the defendant must have the mens rea or 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).

Question 6

Requirements of First-Degree Murder

Answer 6

1. Intent to kill;
2. Premeditation and deliberation

Varying views on 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).

Question 7

Requirements of Second-Degree Murder

Answer 7

1. Intent to inflict great bodily harm; OR
2. Acting with reckless disregard of an extreme risk to human life (depraved heart murder)

Also a catchall–i.e., when an act constitutes “murder” but is not quite first-degree.

Question 8

Requirements of Felony Murder

Answer 8

Any killing that occurs during:

1. The commission of a felony;
2. An attempt to commit a felony; OR
3. A flight from a felony

The felony must be inherently dangerous, and the purpose of the felonious conduct must be independent of the homicide.

Question 9

Requirements of Voluntary Manslaughter

Answer 9

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

Question 10

Requirements of Involuntary Manslaughter

Answer 10

(Also known as 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.

Question 11

Requirements of Attempt

Answer 11

1. The defendant intended to commit the crime; AND
2. The defendant’s acts went sufficiently beyond “mere preparation” to commit the crime.

Common Law: defendant was “dangerously close” to committing the crime
MPC: defendant’s conduct is a “substantial step” toward the crime and corroborative of his criminal intent.

Question 12

Is abandonment a defense to attempt?

Answer 12

No.

(In most states)

Question 13

What are two common defenses tested on the MEE?

Answer 13

1. Duress
2. Insanity

Question 14

Define: Duress

Answer 14

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.

Duress is NOT a defense to an intentional homicide.

Question 15

Define: M’Naghten Test

Answer 15

Insanity defense.

The defendant must prove he suffered:

1. A disease of the mind;
2. That caused a defect of reason; AND
3. As a result he lacked the ability to know the wrongfulness of the actions or understand the nature and quality of his actions.