MBE Criminal Law - Parties & Defenses

Question 1

CL Parties to Crime

Answer 1

1. Principal in First Degree: person who commits the actus reus
2. Principal in Second Degree: person who encourages or abets and is present at the scene
3. Accessory Before the Fact: person who aids or plans crime but is not present at the scene (recognized in MD - may be charged as principal)
4. Accessory After the Fact: person who helps felon escape
   ALL ARE GUILTY OF SAME CRIME

Question 2

Modern Approach to Criminal Parties

Answer 2

1. Principal: Person who commits the actus reus
2. Accomplice: person who aids, encourages or plans crime whether at scene or not
3. Accessory After the Fact: person who helps felon escape.
   - -Principal and accomplice are guilty of same crime. Accessory after fact is guilty of obstructing justice or harboring a fugitive.
   - -MD: guilty of crime of being accessory after the fact punishable by 5 years or maximum penalty of substantive offense

Question 3

Accomplice Liability

Answer 3

• Mens Rea must aid or encourage with intent that principal commit the crime.
• Guilty of intended crime and additional crimes that were reasonably foreseeable
• Protected class exception applies
• Withdrawal: must neutralize earlier assistance.
• Can be guilty even where principal is not convicted

Question 4

M’Naghten Instanity Test

Answer 4

D has disease of the mind that caused D to lack ability at time of crime to know what he did was wrong or to understand the nature of his act

Question 5

Irresistible Impulse Insanity Test

Answer 5

Mental illness caused sudden urge to commit crime that could not be resisted

Question 6

MPC Insanity Test

Answer 6

D, as a result of mental disease, lacks substantial capacity to appreciate what he did was wrong, or to conform his conduct to requirements of the law

• -(MD Test - requires D to prove insanity by preponderance of the evidence)
• -intended to combine M’Naghten and Irresistible Impulse Test.

Question 7

Durham Insanity Test

Answer 7

Unlawful act was product of mental disease or defect

Question 8

Insanity Defense

Answer 8

Defense to ALL CRIMES

Question 9

Not Competent to Stand Trial

Answer 9

• -D does not understand the nature of proceedings against him OR is unable to assist his lawyer in preparation of a defense
• -D can be tried later if he becomes competent. May be required to take drugs in order to gain competence and stand trial

Question 10

Involuntary Intoxication

Answer 10

D forced to become intoxicated by duress or without knowledge of intoxicating influence. Complete defense to a crime if it results in D satisfying insanity test. (not called insanity)

Question 11

Voluntary Intoxication

Answer 11

• -May negate mens rea of specific intent crimes.

- -MPC: negates purpose or knowledge

Question 12

Defenses to Crimes

Answer 12

(1) Insanity; (2) Incompetent to Stand Trial; (3) Voluntary/Involuntary Intoxication;
(4) Infancy;
(5) Self Defense; (6) Defense of Others (7) Defense of Property;
(8) Duress; (9) Necessity;
(10) Entrapment; (11) Jurisdictional Defenses.

Question 13

Infancy Defense

Answer 13

CL: D < 7 = Not guilty
–D ≥ 7 ≤ 14 = rebuttable presumption that D was not capable of knowing wrongfulness of conduct
–D > 14 = treated as adult
MD: over 18 is adult for all crimes. Between 14 and 18 subject to transfer to juvenile court.

Question 14

Self Defense & Defense of Others

Answer 14

• Person who is not at fault is entitled to use reasonable force to protect himself or a third person from the imminent use of unlawful force.
• Deadly force can be reasonable if person reasonably believes imminent death or great bodily harm will result if she does not respond with deadly force.
• Retreat: There is no duty to retreat (MD - duty to retreat before using deadly force unless (1) D is robbery victim, (2) there is no safe retreat, (3) avenue of retreat is unknown, or (4) D is in his own home)
• -MD: can protect 3rd person if honest and reasonable belief of right of 3rd person to use self defense, even if mistaken.

Question 15

Defense of Property

Answer 15

• -Non-deadly force: (1) to protect dwelling (2) if person reasonably believes such force is necessary to prevent or terminate another’s unlawful entry
• -Deadly force: (1) to protect dwelling (2) if reasonable belief that intruder intends to commit a felony in the dwelling (3) which would result in loss of life or great bodily harm; (4) it is unavoidable; and (5) not excessive.

Question 16

Duress

Answer 16

• D is not guilty if committed crime under duress
• Requires (1) imminent (2) infliction of death or serious bodily harm (3) to D or 3rd person.
• *Does not apply to homicide.
• -MD: duress can mitigate murder to manslaughter, but not available to gang member
• -Duress is valid defense to felony murder if felony is committed because of duress.

Question 17

Necessity

Answer 17

• D committed crime to avoid a greater immediate harm. (Choice of Evils defense)
• -Prison escape: escapee must turn himself in immediately
• honest reasonable belief if need to act out of necessity is valid defense, even if mistaken

Question 18

Entrapment

Answer 18

• Only applies to government conduct
• Intent to commit crime created by government action
• -Majority: Not available where D is predisposed to commit the crime (MD)
• -Minority: asks whether government conduct would reasonably be likely to cause innocent to commit the crime
• Cannot deny crime and also argue entrapment