Criminal Law (bar exam)

Criminal Law (bar exam) When does a state have jurisdiction to prosecute a crime? - ANS - state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state Merger - ANS - -one cri ...

Criminal Law (bar exam) When does a state have jurisdiction to prosecute a crime? - ANS - state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state Merger - ANS - -one crime is subsumed into another → can be CHARGED, but cannot be CONVICTED of both -Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/ elements AB merges into crime w/ elements ABC) -Conspiracy does NOT merge into the target offense -Solicitation and Attempt DO merge into the target offense Burden of Proof (generally) - ANS - BEYOND A REASONABLE DOUBT is the burden the state bears for every element of a crime Actus Reus (AR) - ANS - 1) PHYSICAL or EXTERNAL component --i) prohibited conduct (e.g., speeding) --ii) prohibited result (e.g., killing) --iii) attendant circumstances (e.g., age of victim) 2) VOLUNTARY ACT 3) an OMISSION which violates a legal duty -generally, NO LEGAL DUTY to act or aid Situations in which a Legal Duty to Act may arise: - ANS - i) statute (e.g., paying taxes, reporting child abuse) ii) contract (e.g., nurse, nanny) iii) relationship (e.g., parent, spouse) iv) assumption of care (e.g., Misery) v) creation of peril (e.g., hitting pedestrian) Mens Rea (MR) - ANS - MENTAL or INTERNAL component of a crime specific intent crimes - ANS - -purpose or object -the manner in which the crime was committed may provide circumstantial evidence of intent the major specific intent crimes - ANS - 1) 1st degree murder 2) assault 3) inchoate offenses 4) solicitation 5) attempt 6) conspiracy 7) larceny 8) robbery 9) embezzlement 10) false pretenses 11) burglary 12) forgery malice - ANS - -greater than, or equal to, gross recklessness → a reckless disregard of an obvious or high risk that the particular harmful result will occur 1) murder 2) arson general intent - ANS - -greater than, or equal to, criminal negligence → an awareness of all factors constituting a crime (this is a catch-all) 1) rape 2) battery 3) kidnapping -NOTE: for general intent, ▵ need not be certain that all attendant circumstances exist -it is sufficient that ▵ is aware of a high likelihood that they will occur -inference of intent from act: a jury may infer the required general intent merely from the doing of the act transferred intent - ANS - intent to cause harm to a particular individual or object TRANSFERS if it instead causes SIMILAR harm to another person or object Concurrence of Actus Reus and Mens Rea - ANS - MR for offense must exist SIMULTANEOUSLY with commission of offense accomplice liability - modern approach - ANS - -RULE: one is liable for a crime someone else commits IF: -actus reus → aided, encouraged, advised -mens rea → to assist in commission of crime accomplice liability - 4 Categories of Parties to a Crime (common law approach) - ANS - 1) Principal in the 1st degree → present at scene, commits AT LEAST one element of the crime (example: masked bank robber) 2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY element of the crime (example: driver or lookout) 3) Accessory BEFORE the fact → not at scene, provided assistance beforehand (example: planner or supplier) 4) Accessory AFTER the fact → not at scene, provided assistance after crime was over (example: hideout provider) accomplice liability for PRINCIPLE and ACCESSORY BEFORE the fact: - ANS - 1) crime committed, AND 2) reasonably foreseeable crimes accomplice liability for ACCESSORY AFTER the fact: - ANS - 1) not liable for crime committed 2) liable for separate crime of being accessory after the fact accomplice liability - Withdrawal: - ANS - 1)