Basic Requirements
Under 7: never capable of committing a crime
7-14: presumed incapable
14+: could be charged as adults
What is the rule for solicitation? Is renunciation a defense?
The defendant intentionally invited, requested, or commanded another person to commit a crime with the intent that they commit the crime.
Renunciation: not a defense at common law; under mpc, only if D thwarts commission of the solicited crime
What is the difference between false pretenses and larceny by trick?
Larceny by truck: thief only obtains POSSESSION
False pretenses: thief obtains TITLE
What are the elements of battery?
Unlawful application of force to another person that causes bodily harm or offensive touching.
Duress is a defense to all crimes except...?
Intentional murder.
What is the rule for accomplice liability?
To be liable, an accomplice must act with the purpose/intent of assisting the principal to commit the crime. They must intend to help commit the crime AND intend that the crime be committed.
An accomplice is liable for the intended crime as well as any additional crimes that foreseeably accompany or are the natural and probable result of the original crime.
What are the elements of attempt?
1) Specific intent to commit a particular criminal act
2) Substantial step toward perpetrating the crime.
What are the elements of burglary?
2) and entering
3) into the property of another
4) with the specific intent to commit a felony inside.
What are the two forms of assault? Define them.
Attempted battery: D has taken a substantial step toward completing a battery but failed.
Fear of harm: Intentionally placing another in reasonable apprehension of imminent bodily harm (general intent).
When can someone use self defense? Deadly force?
Self defense: harm must be IMMINENT and response must be PROPORTIONAL
Deadly force: Can only use if victim reasonably believes that they are about to be subject to deadly force or serious bodily injury
Explain merger. What are the two categories of crimes that merge?
The doctrine of merger dictates that defendants can be convicted of more than one crime arising out of the same act, but not if those crimes are of the type that merge into one.
Two categories:
1) Lesser included offenses: All elements of offense 1 are present in offense 2, but offense 2 has an additional element.
2) Inchoate offenses: attempt and solicitation merge with the completed offense. Conspiracy does not.
Explain conspiracy (common law + mpc)
Common law: an agreement (tacit or explicit) between two persons to commit an unlawful act.
MPC: Defendant agreed to commit an unlawful act and completed some overt act in furtherance of the conspiracy. (Only D must actually agree)
What are the elements of embezzlement?
1) Fraudulent
2) conversion
3) of the property of another
4) by a person in lawful possession of the property.
Define common law rape + the two possible defenses.
Unlawful sexual intercourse with a female against her will by force or by threat of force.
Consent by fraud in the inducement is a defense; consent by fraud in factum is NOT a defense.
When is voluntary intoxication a defense? Involuntary intoxication?
Voluntary intoxication is only a defense to specific intent (purpose/knowledge) crimes and only if it prevents D from forming the requisite mens rea.
Involuntary intoxication can be a valid defense to general intent crimes, specific intent crimes, and malice crimes if it negates the requisite mens rea.
Name and define the four MPC states of mind.
1) Purpose: D’s conscious objective is to engage in the conduct or cause the result that the law prohibits
2) Knowledge: D must be aware that his conduct is of the nature required to commit the crime and that the result is practically certain to occur based on his conduct
3) D acted with a conscious disregard of a substantial and unjustifiable risk and that acting in the fact of that risk was a gross deviation from the standard of conduct of a law-abiding person (this is the default if not specified in the statute)
4) Negligence: D should be aware (but wasn’t subjectively aware) of substantial and unjustifiable risk and acts in a way that grossly deviates from the standard of care of a reasonable person in the same situation
[Strict liability]
Explain voluntary and involuntary manslaughter.
Involuntary = a criminally negligent (gross negligence + aware of risk) killing OR a killing while committing a crime other than the felony murder crimes
What are the elements of larceny?
1) Trespassory taking and carrying away
2) the property of another
3) without consent
4) and with the intent to deprive the other person of the property permanently.
What are the elements of kidnapping?
Unlawful
Confinement
Of another
Against that person’s will
By moving them or by hiding them.
What is a mistake of law and when is it a defense? What is a mistake of fact and when is it a defense?
Mistake of law = D made a mistake about what the law forbids and permits. It is generally not a defense except: 1) reliance on high-level gov't interpretation of the law, 2) lack of notice, 3) mistake of law that goes to an element of specific intent (for first-degree murder, inchoate crimes, assault, and theft offenses).
Mistake of fact is only a defense for specific intent crimes (whether reasonable or not) and for general intent crimes only if the mistake was reasonable and goes to criminal intent.
Name and define the four common law states of mind.
1) Specific intent: D committed the act for the purpose of causing the result that the law criminalized (First-degree murder, inchoate crimes, assault, theft offenses)
2) Malice: D acts with reckless disregard to a high degree of harm (only arson and non-first-degree murder)
3) General intent: D intended to perform the act and the act is unlawful (but D need not know that it is unlawful)
4) Strict Liability: No intent required
What is common law/second degree murder? What are the four kinds of malice at common law? Briefly describe each.
Common law murder is the unlawful killing of a human being with malice aforethought. Second degree murder is the statutory equivalent of common law murder.
Four kinds of malice:
1) Intent to kill: D acted with the desire that the victim ended up dead. (intent can be formed in the moment)
2) Intent to inflict serious bodily harm
3) Depraved/Abandoned/Malignant Heart: D acted with cavalier disregard for an unreasonably high risk to human life and a death resulted. (Majority/MPC require D to actually realize the manger; Minority requires that a reasonable person would have recognized the danger)
4) Felony Murder/Intent to Commit a Felony: Unintended by foreseeable killing that happened during the commission of a felony (burglary, arson, rape, robbery, kidnapping). (underlying felony merges)
What are the elements of robbery?
[Larceny + force + from victim's person]
1) Trespassory taking of another's property
2) from the victim's person or in their presence
3) without consent
4) with the intent to deprive them of the property permanently
5) either by force or by putting the victim in fear of physical harm.
Define common law arson and the extent of the damage required.
CL = malicious burning of another's dwelling.
At common law, there had to be damage to the structure of the building. Mere scorching, smoke damage, or burning of contents was not enough.
Name and define the four tests for insanity.
1) M’Naghten: D did not know the nature of his act or did not know that the act was wrong as a result of some disease or defect
2) Irresistible Impulse: D has a mental disease or defect that prevents D from controlling himself/conforming with the law
3) Durham rule: D wouldn’t have committed the crime but for the disease or defect
4) MPC: Due to disease or defect, D didn’t have the substantial capacity to appreciate the wrongful nature of his actions or to conform his actions to the law