Foundations & Limits
What constitutional principle requires the state to prove crimes only if a specific law defines them?
Rule of Law / Principle of Legality
What are the three core elements of a crime?
Actus reus, mens rea, and concurrence.
What does concurrence require?
Mens rea must coincide with and trigger actus reus
Define first-degree murder under modern statutes.
Premeditated, intentional killing may include killings by destructive devices
What three elements must exist for valid self-defense?
Unprovoked attack, necessity, and proportionality
Give examples of unconstitutional ex post facto laws.
Laws that increase punishment after commission, or remove available defenses retroactively
Name the four MPC mental states in order of culpability.
Purposely, knowingly, recklessly, and negligently
What is the MPC's Substantial Steps test for attempt?
Substantial steps strongly corroborating criminal intent, such as lying in wait, casing
What is felony murder, and why is it controversial?
Unintentional killing during the commission of a felony. It is controversial because no intent to kill is required
How does the castle doctrine modify the duty to retreat?
No duty to retreat in one's home when facing an imminent deadly threat
Differentiate malum in se and malum prohibitum with examples.
Malum in se is inherently evil, such as murder and rape.
Malum prohibitum is wrong only because the law says so, such as a traffic offense
Distinguish recklessness from negligence under the MPC.
Recklessness is conscious disregard of a risk. Negligence is the failure to be aware when one should have been aware.
Explain the difference between wheel and chain conspiracies.
The wheel is a hub-and-spoke system with a central actor. A chain is a linked sequence, such as drug distribution
What did Furman v. Georgia (1972) rule about the death penalty?
Halted it due to the arbitrary and inconsistent application
What is the M'Naghten Rule for insanity?
Defendant didn't know the nature and quality of the act, or didn't know it was wrong, due to a mental disease
What doctrine invalidates vague statutes and why?
The Void for Vagueness Doctrine ensures clarity and prevents arbitrary enforcement
How can omissions create criminal liability?
When a legal duty exists by statute, contract, or special relationship.
What is the Pinkerton Rule in conspiracy liability?
Conspirators are liable for both conspiracy and crimes committed by co-conspirators.
What two cases limited the death penalty for juveniles and intellectually disabled offenders?
Atkins v. Virginia (2002) prevented the death penalty from being administered to intellectually disabled criminals.
Roper v. Simmons (2005) prevented the death penalty from being administered to criminals under 18
Compare diminished capacity and diminished responsibility.
Capacity is a failure of the proof. Responsibility is an excuse that admits wrong but reduces culpability
Compare retribution and deterrence as punishment theories, noting how each views past versus future consequences.
Retribution is a backward-looking punishment because it is based on a crime that has already occurred. Deterrence is forward-looking to prevent future crimes
Why does strict liability dispense with mens rea, and what kinds of offenses usually apply?
Public welfare offenses, traffic, and health codes, where only the act must be proven
Compare legal and factual impossibility as defenses to attempt.
Legal is an act, not actually a crime, such as smuggling sugar, thinking it's cocaine. It is factual that a crime was prevented by circumstance, shooting an empty bed
Distinguish voluntary manslaughter and involuntary manslaughter with examples.
Voluntary killing is intentional killing in the sudden heat of passion or provocation. Involuntary is reckless or negligent killing, such as a drunk driving fatality
What are the subjective vs. objective tests of entrapment?
Subjective is focused on the defendant's predisposition. The objective is to focus on government inducement