Intro

Question 1

Sources of law from which majority law comes

Answer 1

i. Common law most important
ii. Majoirty statutory rules
iii. MPC

Question 2

Overview of topics

Answer 2

i. Essential elements of crimes
1. first two most important: actus reus, mens rea. causation, concurrence.

ii. Specific crimes- 2 categories
1. crimes against person
2. property crimes

iii. Parties to crime and liability for the conduct of others
1. accomplice liability
2. enterprise liability
iv. Inchoate offenses
1. solicitation, conspiracy, and attempt

v. Defenses
1. insanity, voluntary intoxication, infancy, mistake, self defense, necessity, duress, entrapment

Question 3

Jdxn

Answer 3

1. Crime may be prosecuted in
   a. any state that was part of crime took place
   i. or
   b. the result took place.

Question 4

Burden of proof

Answer 4

1. Elements of the crime: the prosecution must prove each and every element beyond a reasonable doubt
   a. Therefore juries cannot be instructed to presume mental state if they find that ∆ commited the acts necessary

Question 5

Classification of crimes, felony vs. misdemeanor

Answer 5

1. Felony: may be punished by death or imprisonment of over 1 year
2. Misdemeanor: punishable by crime and prison under 1 year

Question 6

Why do we punish people?

Answer 6

incapacitation of the criminal, specific deterrence of criminal, general deterrence of others, retribution, rehab, education of public

Question 7

Vagueness and other constitutional limitations

Answer 7

DP requires that statute not be vague. Must have

i. fair warning (person of ordinary intelligence can discern)
ii. no arbitrary and discriminatory enforcement.
iii. const limits on legislatures:
1. no ex post facto laws
2. no bills of attainder – legislature cannot target a specific person or group and name them guilty of crime

Question 8

Interpretations of criminal statutes

Answer 8

construed in favor of ∆s. i. if two statutes address the same matter but come to different conclusions, the more specific statute will control.
ii. The more recently enacted statute will control an older statute. Crimes committed prior to the effective date of the new code are subject to prosecution and punishment under the law as it existed at the time the offense was committed.