Crim Foundation
What is jury nullification, and how do judges tell juries that they have this power and why?
Juries have the power to reverse a guilty verdict, whether the prosecution can prove guilt beyond a reasonable doubt. Trick question: judges don't tell juries they have this power, because its a power and not a right
In an MPC jurisdiction, can you be guilty of an involuntary act? Why or why not?
No!
MPC only punishes voluntary actions
What is the difference between spesific and general intent?
Spesific intent is a heightened level of mens rea, and can include
Intent to commit a future act
a special motive or purpose
awareness of an attendant circumstance
What is the test for actual causation
but for
What is a depraved heart murder, and what jurisdiction exclusively uses this term?
Depraved heart murder is murder committed with conscious disregard to human life. Essentially, a very very reckless murder
MPC
Explain the differences in application between utilitarianism and retributivism
Utilitarianism: used to deter offenders; maximize the overall happiness of society
Retributivism: used to punish offenders because they did something bad
Is drunken unconsciousness a complete defense to actus reus?
No: unless the alcohol was consumed involuntarily
What is the equivalent to Purposefully and knowingly in common law terms? Define all three
Intentionally/ wilfully:
Purposely:
Knowingly:
What is the apparent safety doctrine?
Had the victim reached apparent safety before the new harm occurred? Had the situation stabilized?
What is the rule of provocation? What are the common law categories of provocation?
Must be an adequate provocation, killing must be in the heat of passion, and it must be sudden, with no cooling off period.
Categories are:
catching your spouse with another, mutual combat, aggravated assault, imminent harm to a loved one
Words are not enough
What is the principle of legality?
What are the legal duties to act
1. Voluntary assumption of a duty
2. Based on a special relationship
3. Imposed by statute
4. Contractually assumed
5. Creation of risk
What is a difference between the MPC and the common law when it comes to mistake of fact for general intent crimes?
MPC: mistake can be honest and unreasonable
Common law: mistake must be honest and reasonable
What is the direct and natural result test?
Is the harm that occurred
Direct: immediate
Natural: foreseeability of the actions of the other
is the type of harm the type that would naturally occur from the acts?
In the MPC, how is the category of extreme emotional disturbance defined?
There must be actual emotional disturbance and
The disturbance must be reasonable
Describe how the 8th Amendment applies to capital punishments, and non-capital punishments?
Capital: only crimes that are egregious enough can be punished by the death penalty. In Coker v. Georgia, the court held that the rape of an adult was not extreme enough to merit the death penalty. Courts look to other jurisdictions, and their own common law to determine whether a death penalty is just
Non- Capital: the crime has to fit the punishment. The punishment must be proportional to the crime done, and not excessive
Which of the following is not an example of an unwilled action?
1. reflex or convulsion
2. body movement during unconsciousness or sleep
3. body movement while intoxicated
4. body movement during hypnosis
5. actions forced by third parties
Body movement while intoxicated
Explain the exceptions to mistake of law
1. statute expressly states acting unlawfully
2. entrapment by estoppel
3. Violation of due process
4. Some tax laws
If the victim gets hurt and goes to the hospital where they receive negligent medical care, is the chain of causation broken, and is the doctor a superseding cause?
No, the chain is not broken UNLESS they receive grossly negligent medical care
How long does someone have to premeditate for the murder to be considered first-degree?
Trick Question: it depends on the jurisdiction!
Some jurisdictions require time for the actor to think through the actual crime, while some think that premeditation can be almost instant
Consider this statute:
It is illegal to use offensive speech at a school
Is it vague, overbroad, neither, or both?
Explain why
Both
Vague, because the term offensive is not clearly defined, leaving individuals confused about what behavior the statute prohibits
Overbroad, because it can cover a wide range of expressions, but also deters constitutionally protected behaviors
By removing life support from someone who is biologically still alive, are doctors guilty of murder? Explain why or why not.
No, because removing life support is an omission, not an action. The action was delivering the life support, not taking it away.
How do you know if a statute is a strict liability crime?
Look at:
Legislative intent
Severity of punishment
is it an MPC v. Common law jurisdiction
If it is a regulatory offense
In what way do a victims acts break the causation?
Reactions to the harm do not break the chain of causation
Coincidental actions do break the chain of causation
Whats the difference between simple and criminal negligence
Criminal negligence must be a GROSS deviation from the standard of care of a reasonable person