Criminal

Question 1

Actus Reus

Answer 1

Physical Part - Overt Act

Elements of the crime describe the actions that the defendant performs or the result by the action.

Question 2

Malum in Se

Answer 2

Wrong in itself / naturally evil

Question 3

Malum Prohibitum

Answer 3

Something made wrong by legislation (like speeding)

Question 4

Felony

Answer 4

In most jurisdictions, is a crime that is crime punishable by death or by a sentence of more then one (1) year even though the sentence actually imposed is one year or less. In some states, a crime is a felony if the sentence is to be served in a state prison as opposed to a county or city jail.

Question 5

Misdemeanor

Answer 5

A lesser crime than a felony. In most jurisdictions, a crime is a misdemeanor if the highest penalty that can be imposed is one year or less.

Question 6

Mens Res

Answer 6

Mental Part

Element of a crime which require a particular mental state at the time of the proscribed crime.

Question 7

Criminal Law Checklist (High Level)

Answer 7

Mnemonic: Felons in Prison Habitually Purpose Planning Murderous Deeds

I. Formation
II. Inchoate Crimes
III. Crimes against the Person
IV. Crimes against Habitation 
V. Crimes against Property
VI. Property Interest
VII. Miscellaneous Crimes
VIII. Defenses, Justifications and Excuses

Question 8

Formation (Checklist)

Answer 8

Actus Reus
A. Mens Res/Transferred Intent/Concurrence/Merger
B. Accomplice Liability
	Intent
        Knowledge
        Active Assistance
        Withdrawal
C. Vicarious Liability
        Strict Liability Crimes
        Vicarious Liability

Question 9

Inchoate Crimes (Checklist)

Answer 9

Inchoate Crimes (SAC)
Solicitation
Attempt
Conspiracy
Pinkertons Rule
Whartons Rule

Question 10

Crimes Against the Person (Checklist)

Answer 10

Crimes Against the Person

Homicide
IRAC Homicide
Causation 
Actual Cause
Proximate Cause
Murder/Malice
Degree of Murder
First
Second
Justifications
Excuses
Mitigation to Voluntary Manslaughter
Involuntary Manslaughter

Non-Homicide
Assault
Battery
False Imprisonment
Kidnapping
Mayhem
Rape

Question 11

Crimes against Habitation (Checklist)

Answer 11

Burglary

Arson

Question 12

Merger Rule

Answer 12

Under the Merger Doctrine, when all the elements of one crime are included within the elements of another crime, the lesser crime merges with the greater and a defendant cannot be convicted of both crimes.
-Larceny merges with Robbery, battery merges with murder

Additionally, the Merger Rule applies to solicitation and attempt to prevent a person from being convicted of either of these and of the completed target crime.

Question 13

Solicitation

Answer 13

Solicitation occurs when one counsels, incites, solicits, or requests another tom commit an unlawful act.
Merger Rule for Solicitation
1. Solicitation merges with an attempt, conspiracy, or target offense.
2. Solicitor cannot be punished for both the solicitation and the other crimes.
3. If the solicitee actually commits the target crime, then the solicitor can be help criminally liable for it.
4. If the solicitee takes no steps in furtherance of the target crime, then the solicitor is guilty of the solicitation but there is no merger.

Question 14

Withdrawal from Solicitation

Answer 14

Rule Split:
Common Law:
Withdrawal has no effect as to the solicitation but will avoid accomplice liability.

MPC
Withdrawal is recognized as a defense if the defendant manifests “complete and voluntary “abandonment of criminal purpose.

Question 15

Impossibility and Solicitation

Answer 15

Rule Split
Common Law:
Impossibility of committing the target crime is a valid defense.
MPC:

Impossibility of committing the target crime is not a valid defense.

Question 16

Attempt

Answer 16

An attempted crime occurs when one attempts but fails to complete a crime.

The prosecution must prove there was criminal intent, accompanied by an act which came within proximity of committing the crime.

Act required for attempt.
Attempt requires an act which comes within close proximity of committing the crime that is a “substantial step” toward completion.

ASS: Attempt Substantial Step

Merger Rule for Attempt
Every completed crime inherently includes an attempt, but the attempt merges with the target crime if the target crime is completed. In this case, you do not need to discuss the attempt or merger.

If the crime was attempted but not completed, then attempt is charged.

Question 17

Withdrawal from Attempt

Answer 17

Rule Split:
Majority: If the zone of perpetration has been entered then withdrawal is ineffective as a defense.

Minority: If the attempted crime is voluntarily and successfully abandoned the withdrawal will be an effective defense (MPC)

Question 18

Impossibility and Attempt

Answer 18

Factual impossibility is no defense.

D attempts to commit a crime but facts which are unknown to B make is impossible for him to do so.
IE. Attempts to kill someone by shooting him but there are no bullets in the gun or tries to steal a wallet but there is no wallet.

Legal impossibility is a valid defense.
D intends and acts to commit a crime but his acts even if completed fo not constitute a crime.

Discerning between factual and legal impossibility
Generally, it is a factual impossibility if the defendant is unaware of facts that make it impossible to commit the crime. Generally, it’s a legal impossibility if the acts had they been completed would not have constituted a crime.

CASE: State v. Guffey 262 S.W.2d 152 (1953)
Guilty of attempting to hunt deer during off season when he shot the stuffed deer.

Question 19

SLAP

Answer 19

S: Specific Intent to commit the target crime
L: Legal vs Factual Impossibility (Legal =no attempt, Factual = Attempt)
A: Apparent ability (Actus Reus)
P: Preparation vs. Perpetration
1. Look for the substantial step towards completion of the crime.
2. look for “dangerous proximity to success.”