Criminal Law Rules of Thumb Flashcards
When is it appropriate to discuss insanity?
Only when the essay fact pattern says guilty by reason of insanity
How handle murder question if facts don’t ask for specific type?
Go through each type of murder – CL, 1st degree, 2d degree
Felony murder – what important
Tested heavily!
How handle a question that asks about “homicide?”
Discuss murder
How to handle a question on manslaughter?
Always discuss both voluntary and involuntary. Question may appear as something like: Can D be found guilty of murder or any other crimes?
In an essay that involves voluntary manslaughter, what are the sub headings?
D was provoked; reasonable and sober person in D’s position wd have bn provoked; D did not have time to cool off; a reas person in D’s position wd nt have cooled off.
What is best way to handle a question that involves accomplice libility?
–Start with umbrella concept: FROM FEDORA: Accomplice liability is one who aids and abets the commission of an unlawful act or one who shields or prevents the apprehension of the defendant by law enforcement after the unlawful act is committed. Accomplice liability is an umbrella concept that includes accessory before the fact and accessory after the fact.
–Then define relevant type of accessory and apply rule. For example: Accessory Before the Fact
An accessory before the fact is one who encourages, aids, or abets another in the commission of an unlawful act. The accessory does not have to be present during the commission of the crime. Here, Alex sends don an anonymous note giving Vic’s location because Alex heard of Don’s desire to locate and retaliate against Vic.
The act of providing information to Don to go out and kill Vic is essential in providing aid and encouraging Don to carry out his unlawful motive.
Liability of an Accessory Before the Fact
An accessory before the fact is liable for all foreseeable crimes committed by the defendant. The policy behind such liability is that the accessory has the same intent as the defendant in committing the crime. Here, Alex hoped that Don would kill Vic because Alex had his own reasons for wanting Vic dead.
It is not required that Alex be present at the time Don killed Vic nor is it required that Don had any knowledge of Alex at the time of Don killed Vic. The qualifying element is that Alex intended to make it possible for Don to kill Vic.
When you are looking at a warrantless arrest, how should you approach the exceptions?
Apply at least 3
