Bar Prep MBE- Criminal Law/Criminal
Procedure Exam-Graded A
1. Intent to Kill
2. Intent to inflict serious bodily injury
3. conspiracy
4. solicitation
5. assault
6. embezzlement
7. false pretenses
8. larceny by trick - ANS-specific intent
specific intent
1. Intent to commit a battery Or
2. Intentionally placing someone in imminent apprehension - ANS-Assault
specific intent
a. Lawful possession (possession is not a temporary possession--long term)(pawn shop
guy)
b. Of another's property
c. Converted for my own without your permission (if I sell it then the Money is now mine)
1. GIVEN to hold for a period of time-not a truck driver that keeps a case a beer at the
end of the day - ANS-Embezzlement
1. did I help you do the crime
2. or get away with the crime.
1. -have to physically do something to help you complete the crime
a. Example of the bank robbery hells angel- but he sat there did nothing
b. Example--dressed up and hung in front of the bank - ANS-Accessory before the Fact-
Specific Intent
1. Know of the completed crime
2. Did something to help you evade arrest or conviction
1. Example: robber showed up at my house tells me and I shut the door>
2. Example: robber shows up I hide the money - ANS-Accessory after the Fact-Specific
Intent
... - ANS-XXIII. Defenses
a. Insanity-MBE_
, 1. McNaughton-
1. Mental disease
2. Cannot appreciate the nature or quality of what you did
3. So you do not know what you did was wrong - ANS-Insanity-MBE_
1. Specific Intent Crime - Any type of mistake you make can be a defense
1. If I was mistaken about any of the elements especially a big one
a. Because I was mistaken then I couldn't Have had the requisite intent - ANS-Mistake:
- Mistake must be REASONABLE
1. If jury reasonably believes he made a mistake - ANS-General Intent Crime
1. No matter what I did ...it did not amount to a crime = Always a DEFENSE--I didn't
commit the crime
1. Example : sell oregano--not a crime of selling drugs - ANS-Legal Impossibility:
1. Facts were not what I thought, but still committed crime = NO DEFENSE--I still
committed the crime
1. Just because you have the wrong facts
a. Gave 21 year old has sex with a 15 year old/ she says she is 21-no defense - ANS-
Factual impossibility :
1. Applies to Specific Intent Crimes
2. A defense because the Intent is not there. - ANS-Intoxication - (GENERALLY
• CRIMINAL PROCEDURE---LOOK FOR SOME WEIRD EXCEPTION
a. Look at the timeline!!
1. Not what they found
2. Not what was said
3. Ask--can the cop do that?
1. Once you say no they can't, then everything becomes FOPT - ANS-...
a. Miranda-Said
b. Search-did
c. Must have a reason to stop
d. LOOK AT THE FACTS--- - ANS-4th Amendment--Search And Seizure
a. Who is conducting the search
b. Govt official or acting under the direction o f the govt.
• You know you are being searched because you had an Expectation of privacy.
• "on the beach- a teepee--teepee has an expectation of privacy - ANS-Search
Any open area-there is no expectation of privacy. - ANS-OPEN FIELDS Exception
o A reasonable person would conclude
o That items that were illegal were there. - ANS-probable cause
Procedure Exam-Graded A
1. Intent to Kill
2. Intent to inflict serious bodily injury
3. conspiracy
4. solicitation
5. assault
6. embezzlement
7. false pretenses
8. larceny by trick - ANS-specific intent
specific intent
1. Intent to commit a battery Or
2. Intentionally placing someone in imminent apprehension - ANS-Assault
specific intent
a. Lawful possession (possession is not a temporary possession--long term)(pawn shop
guy)
b. Of another's property
c. Converted for my own without your permission (if I sell it then the Money is now mine)
1. GIVEN to hold for a period of time-not a truck driver that keeps a case a beer at the
end of the day - ANS-Embezzlement
1. did I help you do the crime
2. or get away with the crime.
1. -have to physically do something to help you complete the crime
a. Example of the bank robbery hells angel- but he sat there did nothing
b. Example--dressed up and hung in front of the bank - ANS-Accessory before the Fact-
Specific Intent
1. Know of the completed crime
2. Did something to help you evade arrest or conviction
1. Example: robber showed up at my house tells me and I shut the door>
2. Example: robber shows up I hide the money - ANS-Accessory after the Fact-Specific
Intent
... - ANS-XXIII. Defenses
a. Insanity-MBE_
, 1. McNaughton-
1. Mental disease
2. Cannot appreciate the nature or quality of what you did
3. So you do not know what you did was wrong - ANS-Insanity-MBE_
1. Specific Intent Crime - Any type of mistake you make can be a defense
1. If I was mistaken about any of the elements especially a big one
a. Because I was mistaken then I couldn't Have had the requisite intent - ANS-Mistake:
- Mistake must be REASONABLE
1. If jury reasonably believes he made a mistake - ANS-General Intent Crime
1. No matter what I did ...it did not amount to a crime = Always a DEFENSE--I didn't
commit the crime
1. Example : sell oregano--not a crime of selling drugs - ANS-Legal Impossibility:
1. Facts were not what I thought, but still committed crime = NO DEFENSE--I still
committed the crime
1. Just because you have the wrong facts
a. Gave 21 year old has sex with a 15 year old/ she says she is 21-no defense - ANS-
Factual impossibility :
1. Applies to Specific Intent Crimes
2. A defense because the Intent is not there. - ANS-Intoxication - (GENERALLY
• CRIMINAL PROCEDURE---LOOK FOR SOME WEIRD EXCEPTION
a. Look at the timeline!!
1. Not what they found
2. Not what was said
3. Ask--can the cop do that?
1. Once you say no they can't, then everything becomes FOPT - ANS-...
a. Miranda-Said
b. Search-did
c. Must have a reason to stop
d. LOOK AT THE FACTS--- - ANS-4th Amendment--Search And Seizure
a. Who is conducting the search
b. Govt official or acting under the direction o f the govt.
• You know you are being searched because you had an Expectation of privacy.
• "on the beach- a teepee--teepee has an expectation of privacy - ANS-Search
Any open area-there is no expectation of privacy. - ANS-OPEN FIELDS Exception
o A reasonable person would conclude
o That items that were illegal were there. - ANS-probable cause
