MBE _ Crim Law

Question 1

Redline Doctrine

Answer 1

(followed in most jurisdictions), a defendant is not guilty of felony murder when a cofelon dies at the hands of a victim or the police.

Question 2

Depraved-heart murder
(murder - malice aforethought)

Answer 2

Reckless disregard for high risk of death or serious bodily harm (i.e., abandoned & malignant heart murder)

Depraved-heart murder occurs when a person’s reckless disregard of a high risk of serious bodily harm is the actual (but for) and proximate (foreseeable) cause of another’s death.

Question 3

False Pretenses (Elements)

Answer 3

A defendant is guilty of false pretenses if he/she:

1. obtained title to (i.e., ownership of) another’s property (e.g., cash)
2. by knowingly misrepresenting a past or present material fact upon which the victim relied and
3. did so with the specific intent to defraud.

To prove reliance, the prosecution must establish that the defendant’s misrepresentation was a significant factor in—or the cause of—the victim’s decision to pass title to the property to the defendant.

Question 4

Conspiracy (Elements) -
General or Specific Intent Crime?

Minority view requirements

Answer 4

A conspiracy conviction requires proof that:

1. the defendant entered an agreement with another to accomplish an unlawful purpose
2. the defendant had the specific intent to accomplish that purpose and
3. in most jurisdictions, at least one conspirator committed an overt act in furtherance of the agreement.

A conspiracy conviction requires proof that the defendant had the specific intent to accomplish an unlawful purpose—even if the intended crime does not require specific intent (e.g., when the intended crime is a strict liability offense).

Minority view requirements (Va?):
* bilateral approach - two or more persons specifically intend to enter agreement
* overt act - not required

Question 5

Attempt (Elements) -
Specific or General Intent Crime?

Answer 5

A defendant is guilty of attempt if he/she:

1. had the specific intent to commit a crime and
2. took a substantial step toward the commission of that crime.

• Specific intent is required for an attempt conviction even if liability for the completed crime can be imposed without that intent. (For example, liability for common-law murder can be imposed even when the defendant did not specifically intend to kill the victim. But a conviction for attempted murder requires specific intent to kill.)

Question 6

Assault

Answer 6

(1) an attempt to commit battery [ (i) The specific intent to commit the crime and (ii) A substantial step toward commission of crime (beyond mere preparation).

(2) intentionally places another in reasonable apprehension of imminent harmful or offensive contact.

Question 7

Embezzlement

Answer 7

Embezzlement is the (i) fraudulent (ii) conversion (iii) of the property (iv) of another (v) by a person who is in lawful possession of the property.