CA BAR EXAM RULES - CRIMINAL LAW
FIRST DEGREE MURDER
KILLING OF ANOTHER
THAT IS DELIBERATE & PREMEDITATED
W/MALICE AFORETHOUGHT
SECOND DEGREE MURDER
ALL OTHER MURDERS
THAT DO NOT MEET THE CRITERIA FOR FIRST DEGREE MURDER
MALICE AFORETHOUGHT
MAY BE DETERMINED IN FOUR WAYS
1) INTENT TO KILL
2) INTENT TO INFLICT GREAT BODILY INJURY
3) RECKLESS DISREGARD OF AN EXTREME RISK TO HUMAN LIFE (DEPRAVED HEART) &
4) FELONY MURDER
FELONY MURDER RULE
A FELONY MURDER IS A
KILLING THAT IS COMMITTED
DURING THE COURSE OF A
DANGEROUS FELONY, TO INCLUDE
BURGLARY, RAPE, ROBBERY, ARSON &
KIDNAPPING
VOLUNTARY MANSLAUGHTER
INT'L KILLING
HOWEVER W/ADEQUATE PROVOCATION
ADEQUATE PROVOCATION EXIST IF THE D WAS PROVOKED (SUDDEN INTENSE PASSION CAUSES THEM
TO LOSE CONTROL)
A REASONABLE PERSON WOULD HAVE BEEN PROVOKED,
, THERE WAS NOT ENOUGH TIME TO COOL OFF &
THE D DID NOT COOL OFF
INSANITY DEFENSES
A DEFENSE OF INSANITY
FOR A SEVERE MENTAL DEFECT OR DISEASE
WILL BE ANALYZED BY ONE OF FOUR TESTS:
1) M'NAGHTEN TEST
A MENTAL DISEASE EXIST WHERE THE D IS
A) UNABLE TO KNOW THE PHYS NATURE OR QUALITY OF THEIR ACTS OR
B) UNABLE TO UNDERSTAND THEIR ACT WAS MORALLY WRONG
2) MODERN PENAL CODE
MENTAL DISEASE WHERE THE D IS
A) UNABLE TO APPRECIATE THE CRIMINALITY OF CONDUCT OR
B) UNABLE TO CONFORM HIS ACTIONS TO LAW.
3) IRRESISTIBLE IMPULSE TEST
D'S IS NOT GUILTY WHERE
A MENTAL DEFECT KEPT HIM
FROM CONTROLLING HIS CONDUCT
4) DURHAM TEST
UNLAWFUL CONDUCT WAS THE PRODUCT OF MENTAL ILLNESS
SOLICITATION
SOLICITATION CONSISTS OF
ENTICING, COUNSELING, ADVISING, INDUCING, URGING, OR COMMANDING ANOTHER TO COMMIT A
CRIME W/THE SPECIFIC INTENT THAT THE PERSON SOLICITED COMMIT THE CRIME.
THE OFFENSE IS COMP AT THE TIME THE SOLICITATION IS MADE.
IT IS NOT NECESSARY THAT THE PERSON SOLICITED AGREE TO COMMIT THE CRIME OR DO ANYTHING
IN RESPONSE
ATTEMPT
A PERSON HAD THE
FIRST DEGREE MURDER
KILLING OF ANOTHER
THAT IS DELIBERATE & PREMEDITATED
W/MALICE AFORETHOUGHT
SECOND DEGREE MURDER
ALL OTHER MURDERS
THAT DO NOT MEET THE CRITERIA FOR FIRST DEGREE MURDER
MALICE AFORETHOUGHT
MAY BE DETERMINED IN FOUR WAYS
1) INTENT TO KILL
2) INTENT TO INFLICT GREAT BODILY INJURY
3) RECKLESS DISREGARD OF AN EXTREME RISK TO HUMAN LIFE (DEPRAVED HEART) &
4) FELONY MURDER
FELONY MURDER RULE
A FELONY MURDER IS A
KILLING THAT IS COMMITTED
DURING THE COURSE OF A
DANGEROUS FELONY, TO INCLUDE
BURGLARY, RAPE, ROBBERY, ARSON &
KIDNAPPING
VOLUNTARY MANSLAUGHTER
INT'L KILLING
HOWEVER W/ADEQUATE PROVOCATION
ADEQUATE PROVOCATION EXIST IF THE D WAS PROVOKED (SUDDEN INTENSE PASSION CAUSES THEM
TO LOSE CONTROL)
A REASONABLE PERSON WOULD HAVE BEEN PROVOKED,
, THERE WAS NOT ENOUGH TIME TO COOL OFF &
THE D DID NOT COOL OFF
INSANITY DEFENSES
A DEFENSE OF INSANITY
FOR A SEVERE MENTAL DEFECT OR DISEASE
WILL BE ANALYZED BY ONE OF FOUR TESTS:
1) M'NAGHTEN TEST
A MENTAL DISEASE EXIST WHERE THE D IS
A) UNABLE TO KNOW THE PHYS NATURE OR QUALITY OF THEIR ACTS OR
B) UNABLE TO UNDERSTAND THEIR ACT WAS MORALLY WRONG
2) MODERN PENAL CODE
MENTAL DISEASE WHERE THE D IS
A) UNABLE TO APPRECIATE THE CRIMINALITY OF CONDUCT OR
B) UNABLE TO CONFORM HIS ACTIONS TO LAW.
3) IRRESISTIBLE IMPULSE TEST
D'S IS NOT GUILTY WHERE
A MENTAL DEFECT KEPT HIM
FROM CONTROLLING HIS CONDUCT
4) DURHAM TEST
UNLAWFUL CONDUCT WAS THE PRODUCT OF MENTAL ILLNESS
SOLICITATION
SOLICITATION CONSISTS OF
ENTICING, COUNSELING, ADVISING, INDUCING, URGING, OR COMMANDING ANOTHER TO COMMIT A
CRIME W/THE SPECIFIC INTENT THAT THE PERSON SOLICITED COMMIT THE CRIME.
THE OFFENSE IS COMP AT THE TIME THE SOLICITATION IS MADE.
IT IS NOT NECESSARY THAT THE PERSON SOLICITED AGREE TO COMMIT THE CRIME OR DO ANYTHING
IN RESPONSE
ATTEMPT
A PERSON HAD THE
