Crimes - MBE Rules from Missed Questions Flashcards
What is the Wharton Rule?
The Wharton Rule applies to conspiracy. It is usually implicated when for crimes that cannot be accomplished by just one person, for example bribery and adultery. The Wharton Rule states that if a crime requires two or more participants, there IS NO CONSPIRACY UNLESS MORE PARTIES than are necessary to complete the crime agree to commit the crime.
Eg. 2 people needed to commit bribery; no conspiracy unless 2+ 1 agreed to commit bribery
Conspiracy
Conspiracy is 1) an agreement between 2 or more persons 2) who intend to commit a crime. In common law, an overt act in furtherance of a crime is not required. Under the MPC, an overt act is required.
Voluntary Manslaughter - Heat of Passion
A murder charge can be reduced to a voluntary manslaughter if there is
1) reasonable provocation - which caused a person to lose control; words and taunts alone are not sufficient
2) acted in heat of passion and was in fact provoked
3) no cooling off time
4) D didnt cool off
Embezzlement
Embezzlement is the:
i) Fraudulent;
ii) Conversion; –Conversion is the inappropriate use of property that causes a serious interference with the owner’s rights to the property. Interference with the owner’s rights to the property can be caused by selling the property, damaging it, or unreasonably withholding possession.
iv) Of another;
v) By a person who is in lawful possession of the property.
Duress
1) A third party’s unlawful threat that
2) causes a defendant to reasonably believe that the only way to avoid death or serious bodily injury to himself or another
3) is to violate the law, and that
4) causes the defendant to do so, allows the defendant to claim the duress defense.
Duress is not a defense to intentional murder. A defendant charged with felony murder may claim duress as a defense to the underlying felony and avoid conviction for felony murder.
Mistake of Fact
is available as a defense only if it negates a requisite mens rea element of a crime.
specific intent crimes (FIAT crimes) - any mistake of fact is a defense
general intent crimes (FBRK, false imprisonment, battery rape, kidnapping) - mistake of fact is a defense only if its reasonable
stricti liability (no mens rea required) - mistake of fact never a defense
The Model Penal Code Test
is an insanity test defense. The MPC Test combines the M’Naghten Test AND the Irresistible Impulse Test. The defendant must show that (1) he lacked the substantial capacity to appreciate the criminality of his conduct OR (2) conform his conduct to the requirements of the law.
Hypo: Remember the hypo where the Defendant said 1) i killed my neighbor and I know that my actions were illegal. However the Defendant also said, 2) I was following the orders from my goldfish to kill my neighbor.
Even though 1 doesnt apply here, 2 does.
Defense of Property
A person may use nondeadly reasonable force to defend his or her property.
There is no right to use deadly force in defending property with ONE EXCEPTION
EXCEPTION: a person may use deadly force to prevent or terminate forcible entry into dwelling if occupant reasonably believes that the intruder intends to commit a felony inside. BUT the use of deadly force against an intruder EXITING the dwelling is not permissible.
How do you prove Causation in Homicide?
Prosecution must show that the Defendant caused V’s death. Must prove:
1) Actual Causation
- victim would not have died but for the D’s act
- aka Defendant act is the cause in fact of the death
- can be found when there are multiple causes and D’s act is a substantial factor in causing the death
- if independent cause exist before then d will not be found to have actually caused the death (eg. A stabs B but B died of heart attack before and look like was just sleeping)
2) Proximate Causation
- aka legal cause
- Death must be foreseeable
- Death caused by Defendants conduct will be deemed foreseeable if death is the natural and probable result of the conduct
