Criminal Law and Procedure

Question 1

Merger of Crimes

Answer 1

Only solicitation and attempt merge into substantive offense.

No merger for conspiracy – separate crime.

Question 2

Essential Elements of a Crime

Answer 2

1) Physical act (actus reus): own volition, but not reflective, convulsive or unconscious; and
2) Mental state (mens rea).

Question 3

What are the Specific Intent Crimes?

Answer 3

BAM ACTS

1) Burglary
2) Assault
3) Murder (1st degree)
4) Attempt
5) Conspiracy
6) Theft
7) Solicitation

Question 4

Malice Crimes

Answer 4

Reckless disregard of obviously high risk of harm. (Murder/Arson)

Question 5

General intent Crimes

Answer 5

Awareness of all factors constituting crime.

e.g. awareness of act or high likelihood it will occur

Question 6

Strict Liability Crimes

Answer 6

No required awareness.

Question 7

Transferred Intent

Answer 7

Two charges – attempt and offense.

Question 8

Accomplice Liability

Answer 8

Liable for crime itself and all foreseeable crimes.

Requires active involvement (e.g. aid, counsel or encourage, with intent to aid).

Question 9

Solicitation

Answer 9

Asking someone to commit crime.

Requires intent for person to commit the crime.

Crime ends at the asking – if other person accepts, it becomes conspiracy.

Question 10

Conspiracy

Answer 10

(1) Agreement; (2) intent to agree; (3) unlawful obj.

MAJ jurisdictions require overt act.

Liability: all foreseeable crimes committed to further conspiracy.

Withdrawal: requires (1) affirmative act notifying all members of withdrawal and (2) assistance in neutralizing. Cuts off liability for subsequent crimes of co-conspirators, not conspiracy itself.

Question 11

Attempt

Answer 11

Specific intent to commit + substantial step beyond mere preparation.

Question 12

Defenses Negating Criminal Capacity:

Insanity

Answer 12

Defense to all, including Strict Liability.

D has burden of production.

Question 13

Defenses Negating Criminal Capacity:

Intoxication:

Answer 13

Voluntary → Only defense for Specific Intent. Involuntary → Like insanity. Is defense to all, incl SL.

Requires:

1) Taking drugs/alcohol;
2) w/o knowledge, under duress, or pursuant to med advice without awareness of intoxicating effect.

Question 14

Defenses Negating Criminal Capacity:

Infancy:

Answer 14

If < 7 → no liability.

If < 14 → rebuttable presumption of no liability.

Question 15

Insanity Tests:

M’Naghten

Answer 15

At time of conduct, D lacked ability to know wrongfulness of actions or nature/quality of actions.

Question 16

Insanity Tests:

Irresistible Impulse

Answer 16

D lacks capacity for self-control & free choice, or unable to conform conduct to the law.

Question 17

Insanity Tests:

MPC/ALI

Answer 17

D lacked capacity to (i) appreciate criminality of conduct or (ii) conform conduct to req’ts of law.

Question 18

Insanity Tests:

Durham Rule

Answer 18

D’s conduct was product of mental illness.

Question 19

Excuses/Justification:

Self Defense

Answer 19

Non-deadly – if reasonably necessary.

Deadly – (i) D without fault; (ii) confronted w/ unlawful force; (iii) reasonably believe to be threatened w/ imminent death/great bodily harm.

Minority – retreat unless in person’s home; making lawful arrest; or victim of rape/robbery. But, original aggressor must withdraw and communicate withdrawal.

Question 20

Excuses/Justification:

Defense of others

Answer 20

Person assisted reasonably appeared to have legal right to use force in his own defense.

Question 21

Excuses/Justification:

Defense of property

Answer 21

Non deadly force OK. No force allowed to regain possession unless in hot pursuit.

Question 22

Excuses/Justification:

Crime Prevention

Answer 22

Non deadly force to prevent felony or breach of peace. Deadly force only to prevent dangerous felony.