Bar Exam: Criminal Law and Procedure Correctly Solved!

Purposely (MPC) - ANSWER One has a conscious objective to engage in certain conduct or to cause a certain result Knowingly (MPC) - ANSWER One is aware that his conduct will very likely cause the result Recklessly (MPC) - ANSWER One consciously disregards a substantial and unjustifiable risk Negligently (MPC) - ANSWER One fails to be aware of a substantial and unjustifiable risk Kentucky mental states - ANSWER Intentionally, knowingly, wantonly, recklessly Intentionally (KY) - ANSWER Ones' conscious objective is to cause that result or to engage in that conduct Knowingly (KY) - ANSWER One is aware that his conduct is of the nature or that the circumstance exists Wantonly (KY) - ANSWER One is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists Recklessly (KY) - ANSWER One fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists Transferred intent - ANSWER One can be liable when she intends the harm that is actually caused, but to a different victim or object Crimes where transferred intent applies at common law - ANSWER homicide, battery, arson Enterprise liability (common law vs. modern statutes) - ANSWER At common law, a corporation does not have capacity to commit crimes. Under modern statutes, corporations will be held liable for an act performed by 1) an agent in the scope of his office or employment, or 2) an agent high enough in hierarchy to presume his acts reflect corporate policy Accomplice - ANSWER One who aids, advises, or encourages the principal in the commission of the crime charged Criminal facilitation (KY) - ANSWER Person, acting with the knowledge that another person is committing or intends to commit a crime, engages in conduct that knowingly provides such person with means or opportunity for the commission of the crime, and that in fact aids such person to commit the crime Complicity (KY) - ANSWER D is guilty of an offense committed by another person when, with intent to promote or facilitate the commission of the offense, he i) solicits, commands, or engages in a conspiracy with the other person to commit the offense, ii) aids, counsels, or attempts to aid the other person in planning or committing the offense, or iii) having a legal duty to prevent the commission of the offense, fails to take a proper effort to do so Three common-law inchoate offenses - ANSWER Solicitation, conspiracy, and attempt Solicitation - ANSWER asking someone to commit a crime Conspiracy - ANSWER an agreement, with an intent to agree, and an intent to pursue an unlawful objective Liability for co-conspirators' crimes - ANSWER Each conspirator is liable for ALL crimes of co-conspirators if those crimes were committed i) in furtherance of the conspiracy, and ii) is foreseeable. Four insanity tests - ANSWER M'Naghten rule, irresistible impulse, Durham rule, MPC M'Naghten rule - ANSWER At the time of his conduct, D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions Irrisistible impulse - ANSWER D lacked the capacity for self-control and free choice Durham rule - ANSWER D's conduct was the product of mental illness MPC approach to insanity - ANSWER D lacked ability to conform his conduct to the requirements of law (adopted by KY) Voluntary intoxication - ANSWER At common law, only a defense to specific intent crimes Involuntary intoxication - ANSWER A form of insanity, and thus a defense to all crimes T/F: Duress is a defense to the crime of homicide - ANSWER False. Duress is a defense to all crimes except homicide. T/F: Battery is called "assault" in Kentucky - ANSWER True T/F: Assault is called " menacing" in Kentucky - ANSWER True Murder (common law) - ANSWER The unlawful killing of another human being with malice aforethought Malice aforethought - ANSWER Malice aforethought exists if there is a) intent to kill, b) intent to inflict great bodily harm, c) intent to commit a felony, or d) reckless indifference to an unjustifiably high risk to human life Common law murder classifications - ANSWER First-degree murder (premeditated killing, felony murder, and homicide of police officer) Second-degree murder ("depraved heart killing") Manslaughter (voluntary, involuntary, misdemeanor) False imprisonment - ANSWER confinement of a person without his valid consent Kidnapping - ANSWER confinement of a person with either some movement or concealment in a secret place Embezzlement - ANSWER Fraudulent conversion of property of another False pretenses - ANSWER D persuades owner of property to convey title by false pretenses Larceny by trick - ANSWER possession of property is obtained (as opposed to title) Extortion - ANSWER Knowingly seeking to obtain property or services by means of a future threat Forgery - ANSWER the making or altering of a false writing w/intent to defraud Burglary (common law) - ANSWER Breaking and entering of a dwelling of another at night with intent to commit a felony therein The "burning" requirement for arson at common law - ANSWER Charring is sufficient; scorching and smoke are not Arson - ANSWER The malicious burning of the dwelling of another T/F: At common law, one could not be guilty of burning his own house - ANSWER True. At common law, it had to be the burning of the house of another. When does the constitutional right to a jury trial attach? - ANSWER Any time D is tried for an offense for which the maximum authorized sentence exceeds 6 months Minimum number of jurors under constitution - ANSWER 6, and must be unanimous (if over 6, need not be unanimous) Search and seizure (amendment) - ANSWER 4th amendment Right to counsel (Miranda) - ANSWER 5th amendment - general Right to counsel (6th amend) - ANSWER Offense-specific Search (definition) - ANSWER A governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy. Seizure (definition) - ANSWER The exercise of control by the government over a person or a thing.