MBE Criminal Law

Question 1

Actus Reus

Answer 1

A voluntary, affirmative act or omission causing a criminally proscribed result

Question 2

Voluntary Act

Answer 2

Physical and Voluntary

Unconscious/Asleep/Hypnosis don’t count

Question 3

Duties to Act

Answer 3

1. By statute
2. Contract
3. Special Relationship
4. Detrimental Undertaking
5. Causation

Question 4

Types of Mens Rea

Answer 4

Specific Intent
Malice
General Intent

Question 5

MPC Mens Rea

Answer 5

Purposely
Knowingly/Willfully
Recklessly
Negligently

Question 6

Specific Intent Crimes

Answer 6

FIAT

First-Degree Murder
Inchoate Offenses
Assault with Intent to Commit Battery
Theft Offenses

Question 7

Malice Crimes (CL)

Answer 7

Murder
Arson

Involves reckless disregard of a high risk of harm

Requires only a criminal act without excuse, justification, or mitigation

Intent can be inferred from accomplishing the act

Question 8

General Intent Crimes

Answer 8

All the others not Specific or Malice

Only the intent to perform the unlawful act is required

Question 9

When Transferred Intent Applies

Answer 9

Yes: usually homicide, battery, arson

No: attempted crimes

Applies to “bad aim” cases but not “mistaken identity”

MPC doesn’t recognize specifically, but liability recognized when purposely, knowingly, recklessly, or negligently causing a result is an element of an offense

Question 10

Strict Liability Crimes

Answer 10

Statutory Rape; Bigamy; Regulation of Food/Drugs

Generally disfavored; must be clear legislative intent

Question 11

Vicarious Liability Crimes

Answer 11

Generally limited to regulatory crimes with punishment limited to fines

Think corporations being liable for actions of high-ranking corporate agents representing corporate policy

Question 12

Causation Requirements for Crimes

Answer 12

If required, the mens rea must cause the actus reus, which must cause the particular result that is unlawful

Question 13

Mistake of Fact

Answer 13

May negate criminal intent (if “honest”)

Defense to specific intent crimes even if unreasonable

Defense to general intent or malice crimes but must be reasonable

Never a defense for strict liability crimes

Question 14

Mistake of Law

Answer 14

Generally not an excuse
3 exceptions:
1. Reliance on high-level government interpretations
2. Lack of notice
3. Mistake of law going to an element of a specific intent crime (FIAT)

Question 15

Accomplice Liability

Answer 15

Majority/MPC: Must act with the intent of assisting the principal to commit the crime
Minority: intentionally or knowingly aided/caused another to commit an offense

Even approving bystanders aren’t accomplices

Liable for both the planned crime and any other foreseeable crimes occurring in the course of the criminal act

Can be criminally liable even if they couldn’t be the principal or the principal can’t be convicted

Exception: someone protected by statute can’t be an accomplice in violating it (e.g., underage person not an accomplice to statutory rape)

Question 16

Aiders/Abettors Liability

Answer 16

Individuals who aid or abet a defendant to commit a crime may be guilty of conspiracy (in addition to accomplice liability) if there was an agreement to commit the crime and an overt act was taken in furtherance of it

Question 17

Criminal Facilitation

Answer 17

A person who is not guilty of the substantive crime (because of lack of intent) can be guilty of the lesser offense of criminal facilitation for assisting

Question 18

Accessory Before the Fact

Answer 18

Accomplice neither physically nor constructively present during the crime but possesses the requisite intent

To Withdraw, Must:

1. Repudiate prior aid;
2. Do all that is possible to countermand prior assistance; and
3. Do it before the chain of events is in motion/unstoppable

Question 19

Accessory After the Fact

Answer 19

Aids/assists a felon to avoid apprehension or conviction after commission of the felony

Must know a felony was committed

Only liable for a separate crime (obstruction, etc.)

Question 20

Insanity Defense Tests

Answer 20

4 Tests

1. M’Naghten - D didn’t know either the nature/quality of the act OR the wrongfulness of it due to mental disease
2. Irresistible Impulse - D lacked capacity for self control/free choice due to mental disease
3. Durham - unlawful act was the product of D’s mental disease
4. MPC - combines M’Naghten and Irresistible Impulse - at the time, D lacked substantial capacity to appreciate wrongfulness of the act or conform conduct to law because of mental disease

Question 21

Intoxication Defense

Answer 21

Voluntary: intentional taking of substance known to intoxicate (need not intend actual intoxication)
Defense to Specific Intent (only if preventing intent formation)
Defense to MPC crimes “purposely” or “knowingly” that prevents formation of mental state

Involuntary: taken without knowledge or under duress
Negates elements of general intent, specific intent, and malice crimes

Question 22

Murder (CL)

Answer 22

Unlawful killing of another living human being with malice aforethought

Question 23

Malice

Answer 23

1. Intent to kill
2. Intent to do serious bodily injury
3. Reckless indifference to human life (“depraved heart”)
4. Intent to commit a felony (felony murder)

Question 24

Felony Murder Rule

Answer 24

Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony

Question 25

Inherently Dangerous Felony

Answer 25

BARRK ``` Battery Arson Robbery Rape Kidnapping ```

Question 26

When is a Defendant liable for another's death during a felony?

Answer 26

Bystander by Police/Victim Majority: Agency Theory; No Minority: Proximate Cause Theory; Yes Co-Felon by Police/Victim: No Death occurring after flight from the scene of the crime isn't included(?)

Question 27

Statutory Murder

Answer 27

First Degree: deliberate and premeditated OR had time for reflection after forming intent Specific Intent Crime Includes Felony Murder Second-Degree: necessary malicious intent (CL murder) or default if not first-degree Malice Crime

Question 28

Voluntary Manslaughter

Answer 28

Homicide committed with malice aforethought but also mitigating circumstances "Heat of Passion" - not a defense but reduces murder to voluntary manslaughter; might not work if there's enough time to cool down Transferred provocation applies (D misidentified provoker or killed the wrong person) Can be reduced from murder if D started altercation or unreasonably believed in needing deadly force

Question 29

Involuntary Manslaughter

Answer 29

Unintentional homicide committed with criminal negligence or during an unlawful act

Question 30

Criminal Negligence

Answer 30

Grossly negligent action (or inaction with a duty to act) that puts another at significant risk of serious injury or death

Question 31

Unlawful Act for Involuntary Manslaughter

Answer 31

Malum in Se misdemeanor (assault, battery) OR Felony that isn't a first-degree felony murder or second-degree murder

Question 32

Larceny

Answer 32

1. Trespassory 2. Taking and 3. Carrying away 4. Of the personal property 5. Of another 6. With the specific intent to permanently deprive the owner of the property

Question 33

Larceny by Trick

Answer 33

1. Larceny 2. Accomplished by fraud or deceit 3. That results in the conversion of the property of another

Question 34

Forgery

Answer 34

1. Making; 2. Of a false writing; 3. With apparent legal significance; and 4. With the intent to defraud

Question 35

Embezzlement

Answer 35

1. Fraudulent 2. Conversion 3. Of the property 4. Of another 5. By a person who is in lawful possession of the property

Question 36

False Pretenses

Answer 36

1. Obtaining title to the property; 2. Of another person; 3. Through the reliance of that person; 4. On a known false representation of a material past or present fact; and 5. The representation is made with the intent to defraud

Question 37

Robbery

Answer 37

1. Larceny 2. From the person or presence of the victim 3. By force or intimidation

Question 38

Extortion

Answer 38

The taking of money or property from another by threat Making the threat (not obtaining the property) is the essence of the crime (majority view) The threat need not be of immediate harm or physical Property need not be on the victim or in his presence

Question 39

Burglary (CL)

Answer 39

1. Breaking and; 2. Entering; 3. Of the dwelling; 4. Of another; 5. At nighttime; 6. With the specific intent to commit a felony therein

Question 40

Arson

Answer 40

1. Malicious 2. Burning 3. Of the dwelling 4. Of another (MBE not always consistent with this definition)

Question 41

Possession Offenses

Answer 41

Defendant exercises dominion & control over a prohibited object/substance No requirement that Defendant knows it's illegal Duration: must be long enough to provide Defendant with an opportunity to cease dominion/control

Question 42

Receipt of Stolen Property

Answer 42

1. Receiving control of stolen property; 2. Knowledge that it's stolen; and 3. Intent to permanently deprive the owner of the property

Question 43

Battery

Answer 43

1. Unlawful 2. Application of force 3. To another person 4. Causing bodily harm or an offensive touching

Question 44

Assault (2 Types)

Answer 44

Attempt to Commit a Battery (specific intent) Intentionally placing another in apprehension of imminent bodily harm (general intent)

Question 45

Mayhem

Answer 45

Common law felony battery that causes the dismemberment or permanent disfigurement of a person

Question 46

Kidnapping

Answer 46

1. Unlawful 2. Confinement of a person 3. Coupled with either: (a) the movement or (b) the hiding of that person

Question 47

False Imprisonment

Answer 47

1. Unlawful 2. Confinement of a person 3. Without consent

Question 48

Rape

Answer 48

1. Unlawful 2. Sexual Intercourse 3. With a female 4. Against her will by force or threat of immediate force (most modern statutes are gender neutral and replace "force" with lack of consent)

Question 49

Inchoate Crimes

Answer 49

Solicitation Conspiracy Attempt

Question 50

Merger

Answer 50

A defendant may be tried, but not punished, for: 1. Solicitation + completed crime 2. Attempt + completed crime 3. more than one inchoate offense (MPC) Conspiracy and attempt do not merge under CL

Question 51

Solicitation

Answer 51

1. Enticing, encouraging, requesting, or commanding another person 2. To commit a crime 3. With the intent that the other person do so Renunciation (MPC): voluntary renunciation may be a defense if Defendant thwarts the commission

Question 52

Conspiracy (CL)

Answer 52

1. An agreement 2. Between two or more persons (bilateral) 3. To accomplish an unlawful purpose 4. With the intent to accomplish that purpose No overt act required

Question 53

Conspiracy (MPC/Federal/Majority)

Answer 53

Allows for unilateral conspiracies Requires a lawful or unlawful overt act in furtherance of the conspiracy MPC doesn't require overt acts if the conspiratorial crime is a first- or second-degree felony

Question 54

Pinkerton Rule

Answer 54

A co-conspirator is liable for the conspiracy and the co-conspirators' substantive crimes committed in furtherance of the conspiracy

Question 55

Withdrawal from a Conspiracy

Answer 55

Federal/Majority: withdrawal is possible after agreement but before the overt act; Defendant must give notice to co-conspirators or to police MPC/Minority: possible only if Defendant acts voluntarily to thwart the success of the conspiracy

Question 56

Attempt

Answer 56

1. A substantial step toward the commission of a crime; coupled with 2. The specific intent to commit the crime Factual impossibility: not a defense (legal impossibility is) Abandonment: not a defense after substantial step taken (CL) Merges with completed crime

Question 57

Specific Defenses

Answer 57

``` Self-Defense Defense of Others Defense of Property Arrest Duress Necessity Consent Entrapment ```

Question 58

Self-Defense/Defense of Others

Answer 58

Non-aggressor may use reasonable force against another to prevent immediate unlawful harm to himself or others Imperfect self defense can reduce murder to voluntary manslaughter Aggressor may if own non-deadly force was met with deadly force or if they withdrew and told the victim

Question 59

Duty to Retreat

Answer 59

Majority: no duty to retreat before using nondeadly force, deadly force in home, or anywhere you're legally allowed to be Minority: retreat required if safely accomplishable

Question 60

Defense of Property

Answer 60

Nondeadly force is ok; Deadly force is not ok (unless occupant in a dwelling reasonably believes intruder intends to commit a felony inside) Can use reasonable steps to protect property but must believe the real property is in immediate danger of unlawful trespass or personal property is in immediate danger of being carried away

Question 61

Arrest

Answer 61

Police can use reasonable force to make a lawful arrest Police can use deadly force only if suspect is a threat to officer/third parties Defendants can use non-deadly force (never deadly) in resisting unlawful arrest

Question 62

Duress

Answer 62

1. Third party's unlawful threat causing Defendant to reasonably believe the only way to avoid death/serious bodily injury to himself/another is to violate the law; and 2. The belief causes Defendant to do so Not a defense to intentional murder

Question 63

Necessity

Answer 63

Forces of nature (not human) caused Defendant to commit what would otherwise be a crime Not a defense if Defendant set the natural forces in motion (e.g., set a fire) or if there's a reasonably apparent noncriminal alternative

Question 64

Consent

Answer 64

Not a defense unless it: 1. Negates a required element of the crime; or 2. Precludes the harm sought to be avoided by the crime Must be 1. Voluntarily and freely given; 2. Involve no fraud; and 3. Be given by one who is competent to consent

Question 65

Entrapment

Answer 65

1. Crime is induced by a government official/agent; and | 2. Defendant was not predisposed to commit the crime