BAR EXAM CRIMINAL LAW

When does a state have jurisdiction to prosecute a crime? - Answer-state may prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in that state Merger - Answer--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) - Answer-BEYOND A REASONABLE DOUBT is the burden the state bears for every element of a crime Actus Reus (AR) - Answer-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: - Answer-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) - Answer-MENTAL or INTERNAL component of a crime