Criminal Law

Question 1

Purposefully

Answer 1

consciously engaging in conduct or causing a certain result.

Question 2

Knowingly:

Answer 2

aware that the conduct is of a particular nature and or will cause a certain result.

Question 3

Recklessly

Answer 3

conscious disregard a substantial and unjustifiable risk.

Question 4

Causation Requires

Answer 4

showing 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 5

First Degreee Murder

Answer 5

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).

Question 6

Second Degree Murder

Answer 6

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)

Question 7

Felony Murder

Answer 7

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)

Question 8

Voluntary Manslaughter

Answer 8

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

Question 9

Involuntary manslaughter (misdemeanor manslaughter):

Answer 9

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 10

Attempt

Answer 10

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.

• The common law uses the words “dangerously close” to the crime, whereas the Model
• MPC requires that the defendant’s conduct is a “substantial step” toward the crime and corroborative of his criminal intent.) In most states, abandonment is not a defense to attempt.

Question 11

Duress:

Answer 11

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.

• One cannot use duress as a defense to an intentional homicide.

Question 12

Insanity:

Answer 12

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 13

Involuntary Manslaughter - Criminal Negligence

Answer 13

Causes death by criminal negligence and the mens rea required is that the person (i) failed to be aware of a substantial and unjustifiable risk and (ii) due to that failure it was a substantial deviation from the applicable standard of care a reasonable person would exercise in that situation.