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Question 1

Test for Jury Instructions

Answer 1

1.) Does the instruction correctly state the law?
2.) Is there evidence on record supporting the instruction?
3.) Does the substance of the tendered instruction is covered by other instructions which are given?

Question 2

How to analyze a crime on the exam

Answer 2

1.). Did D’s conduct included a voluntary act and briefly discuss
At CL, the statute requires that the conduct include a voluntary act. Define voluntary act as a willed muscular contraction. In the facts, the defendant performed a voluntary act when ___.
When there is a duty and failure to act, then include those omission elements.
Mention rule that there is no criminal responsibility for failure to act unless it is an exception to the general rule (like a status relationship).
2.) Then look at social harm element as defined in offense
Look at the physical, external elements of the crime in the definition of the crime.
Describe each of the elements and how social harm is or is not proven.
Ex: larceny- did defendant commit all of those elements?
3.) Then look at the mens rea
Almost all crimes have a mens rea
4.) Look at actual cause
But for test
5.) Look at proximate cause

Question 3

Factual Cause

Answer 3

The gov’t must prove a (necessary) cause that, but for the actions of the defendant, the result wouldn’t have happened when it happened; a condition is not a cause (i.e., criminal’s parents meeting which led criminal’s birth)

Question 4

How to analyze a crime on the exam

Answer 4

1.). Did D’s conduct included a voluntary act and briefly discuss
At CL, the statute requires that the conduct include a voluntary act. Define voluntary act as a willed muscular contraction. In the facts, the defendant performed a voluntary act when ___.
When there is a duty and failure to act, then include those omission elements.
Mention rule that there is no criminal responsibility for failure to act unless it is an exception to the general rule (like a status relationship).
2.) Then look at social harm element as defined in offense
Look at the physical, external elements of the crime in the definition of the crime.
Describe each of the elements and how social harm is or is not proven.
Ex: larceny- did defendant commit all of those elements?
3.) Then look at the mens rea
Almost all crimes have a mens rea
4.) Look at actual cause
But for test
5.) Look at 1. Limits the “but for” causation; a means to determine whether the defendant, as a matter of fairness, should be held liable for the criminal activity mate cause