General Matters

Question 1

Jurisdiction

Answer 1

A state acquired jurisdiction over a crime if the conduct or the results happened in a state

Question 2

merger

Answer 2

generally none in US

Solicitation and attempt merge with substantive offense. . If you have completed a crime, you cannot be guilty of attempt to

CONSPIRACY DOES NOT MERGE

Question 3

elements of crime

Answer 3

act

mental state

concurrence of physical act and mental state at tsame time

harmful result and causation - hamrful results caused by D’s act

Question 4

physical acts

Answer 4

Any voluntary act of teh body

do not qualify if

1. not a product of own volition (e.g. reflex or convulsive act)
2. act performed while unconscious or asleep

Question 5

omission as an act

Answer 5

sometimes a legal duty to act

e. g.
1. by statute (file taxes)
2. by contract (lifeguard and nurse)
3. b/c of a relationship between parties (parent child)
4. becuase you voluntarily assume a duty of care and fail to adequately perform it
5. where you create the peril

Question 6

CLAW mental states of crime

Answer 6

1. specific intent
2. malice crimes
3. general intent crimes
4. strict liabilty crimes

Question 7

specific intent crimes

Answer 7

solicitation

conspiracy

attempt

first-degree murder

assault

larceny

embezzlement

false pretenses

robbery

burglary

forgery

Mneemonic
Students Can Alwaya Fake A Laugh, Even For Ridiculous Bar Facts

Question 8

General Intent

Answer 8

all crimes not mentioned unless sstrict liability

general intent = the general awarness that she is acting in a manner prohibited by law

if two victims, canhave attempted murder and then murder

Question 9

strict liability crimes

Answer 9

no intent

any defense that negates intention cannot be used

will usually be admin, regulatory or morality area an no adverbs like knowingly, willfully or intentionally

Question 10

Mental States and MPC

Answer 10

Purposefully - one acts purposefully when it is his conscious objective to engage in certain conduct

knowingly - one acts knowingly when he is aware that his conduct will very likely caues the result.

recklessly - he consciously disregards a substantial and unjustifiable risk (DISREGARDS RISK)

negligent - fails to be aware of a substantial and unjustifiable risk. (AWARE OF RISK)

Question 11

Concurrence

Answer 11

D must have had the intent necessary fo rhte crime at the time he acommitted the act constituting the crime

Causation - some crimes (e.g. homicide) require a harmful result and ccausation. When a crime is defined to include a specified result, teh D’s conduct must be both the cause in fact and proximate cause

Question 12

accomplice liability

Answer 12

principals in the 1st degree - person who actually engage in the act that constitutes the criminal offense

2. principals in teh second degree - person who aid, advise, or encourage the princiapl and are present at the crime
3. accessories before the fact: persons who aid, advise or encourage the principal but are not present at the crime
4. accessories afte rthe fact - persons who assist the principal afte rthe crime

Question 13

principal

Answer 13

one who with the requisite mental state actually engages in the act or omission that causes the crime to result

Question 14

accomplice

Answer 14

one who aids, advises, or encourages the principal in teh commission of the crime

Question 15

accessory after the fact

Answer 15

one who receives, comforts or assist sanother knowing that he has committed a felony, in order to help the felon escape arrest, trial or conviction

Question 16

mental state and accomplice liability

Answer 16

accomplice must have

1. intent to assist the principal in the commission of the crime and
2. the intent that the principal commit the crime

Question 17

accomplice liability and scope

Answer 17

responsible for

1. crimes she committed or aided/adbised/encouraged and
2. any other crimes committed in teh coruse of committing the crime contemplated, so long as other crimes were PROBABLE and FORESEEABLE

Question 18

accomplice and withdrawal

Answer 18

if encouraged the crime, must repudiate the encouragement

if teh person aided by providing assistant to principal, must do everything possible to neutralize the assistance

an alternate means of withdrawal is to contac the police