Criminal Law--Bar Exam Latest Update !!

Wharton Rule (Conspiracy) - ANSWER Under the Wharton Rule, where two or more people are necessary for the commission of the substantive offense, there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime. Acquittal of Some Conspirators - ANSWER Under the traditional views, the ACQUITTAL of all persons with whom a defendant is alleged to have conspired precludes conviction of the remaining defendant. TIP: Acquittal is the key here. Others must have been charged and acquitted Conspiracy--Mental State - ANSWER Specific Intent Crime. Parties must have: (i) INTENT to agree; and (ii) intent to achieve the objective of the conspiracy. Withdrawal from Conpisracy - ANSWER Withdrawal from a conspiracy is another important test issue. Remember that a conspiracy is complete upon the agreement with the requisite intent and an overt act. Since the overt act can be a preparatory act, the conspiracy is usually complete very soon after the agreement. If the crime is complete, the D is guilty of conspiracy. Elements of Attempt - ANSWER Attempt is an act, done with (i) intent to commit a crime (ii) that falls short of completing the crime. Insanity--M'Naghten Rule - ANSWER A defendant is entitled to acquittal if: (i) a DISEASE of the mind; (ii) CAUSED A DEFECT of reason; (iii) such that the defendant lacked the ability at the time of his actions to either KNOW THE WRONGFULNESS of his actions or UNDERSTAND THE NATURE AND QUALITY of his actions. Irrestibile Impulse Test - ANSWER Under this test, a D is entitled to acquittal only if, because fo a mental illness, he was UNABLE TO CONTROL HIS ACTIONS OR CONFORM HIS CONDUCT TO THE LAW. Durham (or New Hampshire) Test - ANSWER Durham--but for the mental illness, defendant would not have done the act (broad than either the M'Naghten test or the irrestible impulse test---only used in New Hampshire) A.L.I. or MPC Test (MODERN TREND) - ANSWER A defendant is entitled to acquittal if he had a mental disease or defect, and, as a result, he lacked the substantial capacity to (i) appreciate the criminality of his conduct; OR (ii) conform his conduct to the requirements of the law. Intoxication--Defense Negating Criminal Capacity - ANSWER Voluntary Intoxication: voluntary, intentional taking of a substance known to be intoxicating. It's a defense to specific intent crime if intoxication prevents formation of required intent. Involuntary Intoxication: taking intoxicating substance WITHOUT KNOWLEDGE of its nature, under duress, or pursuant to medical advice. It's treated as mental illness; thus may be a defense to all crimes. Self Defense - ANSWER (1) Nondeadly force: a person without fault may use such force as the person REASONABLY BELIEVES IS NECESSARY To protect herself from the imminent use of unlawful force upon herself. (2) Deadly Force: a person may use deadly force in self defense if she is (i) without fault; (ii) is confronted with "unlawful force"; and, (iii) reasonably believes that she is threatened with imminent death or great bodily harm. Definition of Battery - ANSWER Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching. Definition of Assault - ANSWER Assault is either (i) an attempt to commit a battery or (ii) the intentional creation --other than by mere words--of a reasonable apprehension in the mind of the victim of imminent bodily harm. TIP: Think of assault as two separate crimes: (i) attempted battery assault--a specific intent crime (D must intend to commit a battery) and (ii) creation of reasonable apprehension assault. Common Law Murder - ANSWER At common law, criminal homicide is divided into three categories: (1) Murder: unlawful killing of a human being with malice aforethought. Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it and it was committed with one of the following state of minds: (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart"); or (iv) inent co mit a felony (felony murder). Common Law-Voluntary Manslaughter - ANSWER Voluntary Manslaughter: a killing that would be murder but for the existence of adequate provocation. Provocation is adequate only if: (i) sudden and intense passion in the mind of an ordinary person; (ii) D was in fact provoked; (iii) there was not sufficient time between provocation and killing; and (iv) D in fact did not cool off between provocation and killing. TIP: "HEAT OF PASSION: is no defense to killing, although it may reduce the killing. Common Law--Involuntary Mansalughter - ANSWER A killing is involuntary manslaughter if it was committed with criminal negligence or, in some states, during the commission of an unlawful act. Foreseeability of death also may be a requirement. False Imprisonment Elements - ANSWER The unlawful confinement of a person without his valid consent. The MPC requires that the confinement must "interfere substantially" with the victim's liberty. Larceny Elements - ANSWER (i) a taking (obtaining control); (ii) and carrying away (asportation); (iii) of tangible person property; (iv) of another with possession; (v) By trespass (without consent or induced by fraud); and, (v) with intent to permanent deprive that person of her interest in the property. Embezzlement Elements - ANSWER Embezzlement is (i) the fraudulent; (ii) conversion (dealing with the property in a manner inconsistent with the arrangment by which D has possession; (iii) Of personal property; (iv) Of another; (v) By a person in lawful possession of that property. False Pretenses - ANSWER The offense of false pretenses is: (i) obtaining title; (ii) to personal property of another; (iii) by an intentional false statement of a past or existing fact; (iv) with the intent to defraud the other. Larceny by Trick - ANSWER If the Victim is tricked--by a misrepresentation of fact--into giving up mere custody of property, the crime is larceny by trick. If the victim is tricked into giving up TITLE to property, the crime is false pretenses. Robbery Elements - ANSWER (i) A taking; (ii) of personal property of another; (iii) from the other's person or presence; (iv) by force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim's presence; (v) with the intent to permanent deprive him of it. TIP: for a D to be guilty of robbery, the victim must vie up her property because she feels guilty. If she gives up her property for another reason (she feels sorry for the D or wants the D to go away).