Murder
What is malice aforethought?
Voluntary act that had a high probability of and did cause death PLUS the absence of a mitigating factor (heat of passion).
What are the elements of larceny?
Personal Property
Of another
Taken
By trespass
carried away (asportation)
Intent to permanently deprive owner
What is a sufficient provocation for heat of passion/manslaughter at common law?
Name at least 1, bonus points for extras!
Blow to defendant from victim, angry words followed by assault, sight of friend or relative being beaten, sight of citizen being unlawfully deprived of liberty, sight of man in an act of adultery with defendant's wife.
Bowman is visiting his family in his hometown in Colorado and is having a bender. He is pulled over with his wife and children in the car, and the police find bottles of alcohol, marijuana, heroin, needles, and a scale. The police arrest Bowman and His wife and the prosecutor wants your input on what she should do, what do you think?
Charge them both based on the joint possession rules
Does constructive possession play a factor?
Call CPS for sure
What are the tests for insanity that different jurisdictions use?
Name at least 1
-Irresistible Impulse test
-The Product Test
-MPC Test
Harper becomes pregnant and her new hormones grossly offend Brenna. As a result, Brenna kicks Harper's stomach in order to kill the fetus. The fetus dies and Brenna is charged with homicide, can this work? Assess.
Majority says "person" does not include unborn fetuses. But in some states killing a fetus can be mitigated to another crime (Like in Michigan it can be manslaughter).
If you are in a state that uses the Res ipsa loquitur/unequivocality test for attempt, how would the court determine if your attempt was completed or not?
The jury would have to look at the conduct and try to see if a reasonable person would conclude from the conduct that the thing speaks for itself, and if they can unequivocally conclude he was going to do the act unless foiled somehow.
Snoop dog, a known pothead, comes to you and asks you to deliver a vehicle to canada for him. He says "don't ask any questions, and just drop the car off at this location." You know that there is likely something in the car, but you don't check and when you are crossing the border, the border patrol find drugs and arrest you for trying to bring it across the border. The criminal statute you are charged with uses the MPC definition of knowledge, can you be convicted of this crime?
Yes, willful blindness cannot be an excuse to mitigate knowledge under the MPC.
You are at a bar, someone slips a drug in your drink. You become heavily intoxicated and when the bartender refuses to serve you, you stab him in the throat with a glass, killing him. IS there an intoxication defense available and if so what type of intoxication would this be?
Yes, can mitigate the degree of homicide.
Involuntary coerced intoxication
What are the components of M'Naghten Rule?
Under defect of reason from disease of the mind
-Doesn't know the nature and quality of the act/capacity to perceive reality
-morally wrong
On September 19, 2021 Scooter Braun comes to Columbia Missouri for a Mizzou football game. Hannah is tailgating and has had a little bit to drink. When Hannah see's Scooter she goes up to give him a piece of her mind. She asks him why he bought Taylor Swift's music and never gave her the chance to gain ownership of her life's work. In response, Scooter says "Oh that B*%*h should remember her place and keep her mouth shut." Hannah takes her drink and throws it in his face and beats him bloody (he doesn't put up much of a fight because he is a loser). Scooter enters into a coma and is brain dead. In May 2023, Scooter's family finally pull the plug and let him die. Can Hannah be charged with his murder?
NO! 1 year and a day rule applies and the causal link is broken.
Bowman is fed up with teaching crim law and has decided to do something about it. Frank goes to Paul and asks if he was feeling the same way. Paul says no, my students are great. Frank then asks Paul if he could kill every student in section 1 so that Frank doesn't have to read their exams. Paul agrees, but doesn't really intend to do it, instead paul goes to the police.
What criminal liability is there in this case?
Frank, solicitation.
maybe conspiracy, need more facts (if it is then it would be a unilateral conspiracy)
Annalise Keating is in her office working late. Sam, her husband comes in and starts yelling at her for having an affair. She gets angry and goes to her desk and grabs her gun. Bonnie runs in and when Annalise goes to shoot Sam, she accidentally shoots and kills Bonnie. Can Annalise be charged with first degree murder? why
Yes, transferred intent
Harper and Brenna decided to smoke weed in the living room while Hannah is on the couch. The police knock on the door and come in and see the weed on the coffee table. What type of possession do we have here and who can be implicated?
Joint Possession
harper and Brenna have actual possession
Could be argued hannah has actual possession. Not argued hannah has constructie bc she doesn't have the intention to later take control over it.
Guilty, not guilty, not guilty by reason of insanity
for bonus points- guilty but mentally ill
Billy was really mad at his friend Dave for stealing his girlfriend, Este. Billy's girlfriend, Este, broke up with him so she could be with Dave. After this, Billy went to the local walmart and purchased a gun (and didn't have to wait or get a background check, cus 'Merica). On thursday, Billy then called Dave and asked to meet him for dinner at the local Olive Garden on saturday. When saturday came, Billy got drunk and Dave didn't show up at Olive Garden. So instead Billy broke into Dave's house to burglarize and shot him 7 times, killing him. Under the MPC what crime (If any) would you charge him with.
First Degree murder (purposely or knowingly)
Not Felony Murder, because Billy had the intent/purpose before committing the crime.
Bob Saget attends a comedy show at Eastside where AJ Springfield is performing his comedy. AJ sees Bob, but actually thinks it is Stephen Colbert who he is a big fan of. Bob tells AJ that he is hilarious and that he will hire him as a writer on his show (The Late Show with Stephen Colbert) if AJ will give him his car. Believing this to be a good deal and that Bob is Stephen Colbert, AJ gives his car to Bob. What crime occured here?
False Pretenses!
Joe Biden finally decides to step up and bans all assault rifles across America. Scott Bower is caught with 18 AK-47's in his apartment and charged with possession. The language of the statute is ambiguous and the court has to decide if this is a strict liability crime or if there needs to be a mens rea. What will the court do to decide this and what should they decide?
Look at the:
Language of the statute
Legislative History
Severity of Penalty
Type of crime (public welfare or regulatory type)
Decision: probably a strict liability crime
What are the elements of a duress defense?
Immediate threat of death or serious bodily injury
Well-grounded fear that the threat will be carried out
No reasonable opportunity to escape the threatened harm
What is the test for competency to stand trial?
If he is oriented as to time and place and has a rational understanding of the nature of the proceedings (Dusky v. US)
AND
He is able to consult with his own attorney “with a reasonable degree of rational understanding”
Name at least 1
-Inherently dangerous felonies
-Merger rule (anti-bootstrapping)
-Agency Approach
-Proximate Cause Approach
-Causal relationship
Jeni Lyle started reading interesting things from facebook and started communicating with patriots trying to save the US. In these communications Jeni and other patriots agree that something needs to be done and on Jan. 5 they all decide to go to Washington DC and do something about the stolen presidential election. The next day, Jeni decides she doesn't want to take part in the coup that will occur in the Capitol Building. What must Jeni do to escape criminal liability?
Jeni has been implicated in a conspiracy and must affirmatively withdraw/renounce the conspiracy.
Must do an act to thwart the conspiratorial object AND communicate your renunciation to all co-conspirators.
What are the culpable mental states from the model penal code?
Purposely- conscious object to engage in the conductor cause result AND aware of the existence of circumstances or believes/hopes they exist
Knowingly- aware that the result is practically certain (knowledge of present or past facts AND predictive knowledge)
Recklessly- consciously disregards a substantial and unjustifiable risk
Negligence- gross deviation from the standard of care a reasonable person would do
When is the use of deadly force justifiable?
Self Defense, Defense of others
1-There is a threat, either actual or apparent, of the use of deadly force against he d
2- Threat must be unlawful
3- The threat is immediate(immediacy) (imminent)
4- Defendant must believe that his use of deadly force is necessary to save himself from the threat; and(necessity)
5- D’s beliefs (both in his imminent peril and in the necessity of deadly force) must be objectively reasonable (reasonable belief)
Wow you guys are geniuses