Criminal Law/Procedure

Question 1

Murder causation

Answer 1

Proximate (foreseeable from D conduct) and actual (but-for)

Question 2

Accomplice liability statement (majority and MPC)

Answer 2

A person is an accomplice in the commission of an offense if they intentionally assist with the crime and act with the purpose of promoting or facilitating the commission of the offense.

Question 3

Incohate crimes

Answer 3

Solicitation, conspiracy, attempt

Question 4

Withdrawal of conspiracy

Answer 4

CL: impossible b/c conspiracy is completed the moment the agreement is made

MPC: prior to the commission of any overt act by communicating to all other co-conspirators or by informing law enforcement
–> post-overt act: withdraw by stopping the crime

Question 5

Attempt

Answer 5

Specific intent to commit a criminal act + substantial step

Question 6

Substantial step test

Answer 6

Act tends to effect the commission of a crime. Preparation does NOT count

Question 7

Second degree murder

Answer 7

Unlawful killing of another human being with malice aforethought.

Question 8

Malice aforethought

Answer 8

Intent to kill, intent to inflict serious bodily injury, reckless indifference to human life (depraved heart), or felony murder (BARRK)

KSDF

Question 9

Felony murder third party culpability

Answer 9

Agency thy: D only culpable for crimes of agents

Minority: D culpable for all

Question 10

Voluntary manslaughter

Answer 10

Intentional killing but not murder. Heat of passion or xtreme emotional disturbance.

Test: situation in which most people would act without thinking & without time to cool off

Imperfect self defense is tied to this. Usually the answer for getting murder charge reduced to VM

Question 11

Involuntary manslaughter

Answer 11

Unintentional killing via criminal negligence. Criminal negligence = gross negligence that puts another at significant risk of serious bodily injury or death.

Question 12

Battery

Answer 12

Unlawful application of force. GI crime. Voluntary intoxication + unreasonable mistake of fact are NOT defenses

Question 13

Assault (2)

Answer 13

Attempted battery (SI) and fear of farm (GI)

Question 14

Larceny

Answer 14

Trespassory taking and carrying away of the personal property of another with intent to permanently deprive that person of the property

Question 15

Continuing trespass rule

Answer 15

If initial taking is not trespassory b/c no intent, D can still develop the intent later and the initial taking will be trespassory

Question 16

Robbery

Answer 16

taking of personal property of another by force of threat or imminent death or injury, with intent to permanently deprive

Question 17

Extortion

Answer 17

obtaining property by threat of harm or exposing information

Question 18

CL Arson

Answer 18

Malicious burning of the dwelling of another. Requires fire, damage to structure, be a dwelling, not your own house

Question 19

Insanity defense

Answer 19

M’Naghten: D did not know the nature of the act or did not know the act was wrong b/c of mental disease/defect

Irresistible impulse: D is preventing from controlling themselves b/c of mental disease/defect

Durham: but-for

MPC: D did not have capacity to appreciate wrongfulness or conform to the law b/c of mental disease or defect

Question 20

When is intoxication a valid defense?

Answer 20

Voluntary: only to SI crimes if it prevents D from forming MR

Involuntary: GI, SI, malice when it negates MR

Question 21

When is duress a defense?

Answer 21

All crimes except intentional murder

Question 22

When is mistake of fact a defense?

Answer 22

GI: reasonable mistakes (maybe)
SI: all mistakes, even unreasonable

Question 23

Blockburger test

Answer 23

Use if D’s conduct may be prosecuted as 2+ crimes. Each crime must require proof of an element that the other does not in order to be considered a separate offense.

Question 24

How does D invoke 5A?

Answer 24

Specific, unambiguous statement asserting right to remain silent. Silence does NOT invoke the privilege.

Question 25

When does 2XJ attach?

Answer 25

When jury is impaneled and sworn in, or when first witness is sworn in (bench)

Question 26

Arrest warrants imply…

Answer 26

Authorized entry into the arrestee’s home

Question 27

Warrant requirement exceptions

Answer 27

SAD SPACES: Search incident to arrest, administrative warrant, stop and frisk, plain view, automobile, consent, exigent circumstances, special govt. purpose

Question 28

Capital sentencing schemes are unconstitutional if…

Answer 28

(1) they allow a jury to render an advisory sentence of death w/o finding of aggravating circumstance AND (2) they permit the judge to make that finding independently

Question 29

Solicitation is impossible where…

Answer 29

(1) crime requires more than 1 participant, (2) statute imposes liability on more than one participant (buyer or seller), or (3) soliciting party is the type of person the statute protects (i.e., “illegal to sell drugs” protects potential buyers)

Question 30

2XJ does not apply where…

Answer 30

Jury not sworn in yet, mistrial, appeal, lesser offense, or new facts for worse offense

Question 31

When does 6A attach?

Answer 31

All critical stages of a prosecution after the formal proceedings have begun. 6A does not attach prior to formal charges and is only tied to the specific offense.

Question 32

5A lets you have a lawyer when…

Answer 32

you are under custodial interrogation. Once custodial interrogation begins, anything D says is inadmissible until they are Mirandized.

Question 33

5A invocations

Answer 33

Right to counsel and right to remain silent: specific, unambiguous statement

Question 34

Imperfect self defense

Answer 34

Imperfect self-defense occurs when the person claiming self-defense unjustifiably kills her attacker, such as when she honestly but unreasonably believes self-defense is required.

The rule reduces the charge from murder to voluntary manslaughter

Question 35

Conspiracy but people don’t know each other

Answer 35

Yes. A conspiracy can exist

Question 36

Involuntary manslaughter rule statement - CL and MPC

Answer 36

An unintentional homicide committed by the defendant’s criminal negligence is involuntary manslaughter. Criminal negligence is grossly negligent conduct that puts another person at a significant risk of injury or death. Criminal negligence is a substantial deviation from “ordinary negligence”—i.e., the standard of care a reasonable person would have used. But criminal negligence is less than the extremely reckless conduct required for depraved-heart murder.

By contrast, involuntary manslaughter in some jurisdictions and under the Model Penal Code (MPC) only requires the defendant’s conduct to have been reckless. Reckless conduct is defined as “a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.” And this second approach requires the defendant to have been actually aware of the risk his conduct posed. For a finding of involuntary manslaughter, there must be a causal connection between the defendant’s criminally negligent or unlawful act and the death.