MBE Crim Law

Question 1

When can a criminal statute be void for vagueness?

Answer 1

When: (1) the crime’s definition does not give fair and adequate notice of what the crime is and (2) it does not limit police discretion to avoid abritrary enforcement

NOTICE + ARBITRARY ENFORCEMENT

Question 2

Actus Reus

Answer 2

Requires a VOLUNTARY ACT–bad thoughts or involuntary acts (like reflexes or convulsions) are not enough

Question 3

Omission Can be a Voluntary Act in Limited Circumstances

Answer 3

There must be a LEGAL DUTY to act imposed by a:

1. statute
2. Contract
3. Special relationship (like parent/child)
4. Creation of the Peril
5. Voluntary Assumption of the Duty

Question 4

ALL Crimes NEED 2 elements

Answer 4

actus reus + mens rea

except for strict liability crimes that do not require a mens rea

Question 5

Mistake of Fact

Answer 5

Available as Defense to negate the state of mind requirement.

General Intent Crimes: mistake must be reasonable

Specific Intent Crimes: mistake need not be reasonable

Question 6

Voluntary Intoxication

Answer 6

Defense to SPECIFIC INTENT crimes (not for general intent crimes)

Question 7

4 Examples of Specific Intent Crimes

Answer 7

BALM

Burglary, attempt, larceny, and murder in the first degree

Question 8

Legal Impossibility

Answer 8

IS A DEFENSE. Occurs where the D, if he had completed all of the acts he intended, would have committed NO CRIME/

D cannot be guilty of an attempt to do something that is not illegal.

Question 9

Factual Impossibility

Answer 9

IS NOT A DEFENSE. Occurs where the substantive crime (underlying an attempt) is incapable of completion dues to a physical ar factual condition.

Question 10

D fit to stand trial

Answer 10

If he can (1) understand the nature of the proceedings against him AND (2) assist his attorney in the preparation of his defense

If EITHER of these things is not true, then D is NOT fit to stand trial AT THAT TIME.

Question 11

Specific Intent

Answer 11

Intent to commit the ACT and intent to commit CRIME

EX: BALM crimes (burglary, attempt, larceny, murder in the first degree)

Question 12

General Intent

Answer 12

Intent to commit the ACT but not necessarily intent to commit any CRIME

EX: Rape

Question 13

Malice

Answer 13

Intentional or reckless disregard of an obvious or known risk

EX: Used in murder (except first degree) and Arson

Question 14

Common Law Intent Spectrum

Answer 14

Specific Intent
Malice
General Intent
Strict Liability

Question 15

Strict Liability

Answer 15

no mens rea requirement

EX: statutory rape, bigomy

Question 16

MPC Mental States Spectrum

Answer 16

Purpose
Knowledge
Recklessness
Negligence
Strict Liability

**Proving a HIGHER mens rea will satisfy the requirements for proving a LOWER one

Question 17

PURPOSE

Answer 17

Actual desire or with actual intent

Question 18

KNOWLEDGE

Answer 18

Awareness

Includes when a person is willfully blind

Question 19

RECKLESSNESS

Answer 19

Conscious disregard of a substantial and unjustifiable risk

Question 20

NEGLIGENCE

Answer 20

Means GROSS negligence: failure to be aware of a substantial and unjustifiable risk

Question 21

Transferred Intent

Answer 21

If D had the required mens rea as to ONE victim, the mens rea is proven as to ANY OTHER victim

EXCEPTION: Do not transfer intent on attempt crimes

Question 22

MOTIVE is _________ to intent

Answer 22

NOT RELEVANT

Question 23

Solicitation

Answer 23

ACTUS REUS: inducing, urging, commanding another to commit a felony

MENS REA: Purpose (actual desire that the other person commits the felony); specific intent

**The Felony cannot be committed by the other person. If it is, then the person who urged becomes guilty of the felony as a party to the crime

Question 24

Defenses for Solicitation (things that do NOT work)

Answer 24

NOT defenses: change of mind, impossibility (soliciting a person to kill someone who is already dead)

Question 25

Solicitation Exception: Protected Class

Answer 25

An underage girl who urges an older male to engage in sex is NOT guilty of solicitation

Question 26

Solicitation: MERGER

Answer 26

Solicitation merges with the completed crime and with conspiracy (D cannot be guilty of merger plus those things)