Criminal Law Baby Bar Review Already Solved Graded A+

Justification checklist for Defense of crimes against a person - ANSWER COPS Crime prevention defense of Others defense of Property Self-defense Insanity Checklist - ANSWER MAIDD M'Naughten ALI-Model Penal Code Irresistible impulse Durham Diminished Capacity Intoxication checklist - ANSWER Voluntary Involuntary Mitigation - ANSWER Voluntary Manslaughter Non-Murder Crimes - ANSWER MARK F. BAB Mayhem Arson Rape Kidnapping False Imprisonment Battery Assault Burglary Defenses to Crimes - ANSWER Justification - Military COPS DANCE Intoxication Insanity - MAIDD Inchoate Crimes - Solicitation - ANSWER Specific intent to induce another to commit a crime Defenses to Solicitation - ANSWER Withdrawal - Not a valid defense but will avoid accomplice liability Majority Rule - Not valid if zone of perpetration is entered MPC: Valid if withdrawal is complete and voluntary abandonment of the crimes. Merger Rule: Solicitation merges into an underlying offense Inchoate Crimes - Attempt - ANSWER Substantial step, specific intent, towards perpetration, unlawful act. Attempt Defenses: - ANSWER Withdrawal - Majority Rule - Not valid if zone of perpetration is entered MPC: Valid if withdrawal is voluntary and crime is successfully abandoned. Factual Impossibility: No defense - Defendant intends to commit a crime but a fact unknown makes the commission of the crime impossible. Legal Impossibility: Defense - Defendant believes act is illegal but legally it is not a crime. Legal Impossibility Under MPC: No defense unless intended conduct was not a crime. Merger Rule: Attempts merges into an underlying offense Inchoate Crimes - Conspiracy - ANSWER Agreement: Oral, conduct or implied, two or more, unlawful act. Defenses to Conspiracy - ANSWER Withdrawal - Still guilty for conspiracy but will cut off any further liability Majority Rule - Effectively communicated to all co-conspirators MPC - Steps taken to thwart the crime Pinkerton's Rule: Each member of conspiracy is chargeable with all crimes in furtherance of, or which are the natural and probable consequence of, the unlawful act. No Merger Enterprise Liability - ANSWER Parties enter into a joint venture together. Vicarious Liability - ANSWER One will be criminally liable based upon the relationship. Accomplice Liability - ANSWER Unlike a conspiracy, there is no agreement between parties. Types of Accomplice Liability - ANSWER Accessory before the fact - One who aids in the planning of the crime. Accomplice - One who aids in the crime Accessory after the fact - One who aids or hinders the party's arrest. Forseeability - Accomplice will be liable for all acts that were a probable consequence of the action and foreseeable Defense - Withdrawal Malicious Mischief - ANSWER Malicious injury or destruction to property Robbery - ANSWER The trespassory taking and carrying away of the personal property of another by force, fear or intimidation with the specific intent to permanently deprive. Receiving Stolen Property - ANSWER A party receives stolen property knowing that it was stolen False Pretenses - ANSWER A false representation of a past or existing fact to obtain property from another Embezzlement - ANSWER One who is entrusted with the property and converts the property for his own use Larceny - ANSWER The trespassory taking and carrying away the personal property of another with the intent to permanently deprive. Larceny By Trick - ANSWER A taking obtained by fraud to obtain possession of the personal property with the intent to permanently deprive. Crimes against a person - Murder - ANSWER Mary Always Prefers Finding Special Deals Minus Interest Malice - ANSWER Intent to kill Intent to cause great bodily harm Wanton And Reckless Conduct/Depraved Heart Murder - Felony Murder Rule - ANSWER Death caused in commission or attempt of an inherently dangerous felony Murder - Majority Rule - ANSWER Must be a dangerous felony Actual Cause - ANSWER Direct cause Proximate Cause - ANSWER But for Test First Degree Murder - ANSWER Killing done by premeditation and deliberation with specific intent, or poison, bomb, ambush, torture or felony murder rule 1st Degree Murder - Redline View - ANSWER Innocent party does the killing 1st Degree Murder - Modern Law Rule - ANSWER No liability if killing is not done by one of the felons Second Degree Murder - ANSWER Killing done with a depraved and malignant heart Defenses - ANSWER (Judge Irene Is Definitely Interesting) Justification - ANSWER (COPS) Justification - Crime Prevention - ANSWER One may use non-deadly force to prevent a crime Justification - Defense Of Others - ANSWER One may use reasonable force to protect a 3rd party Majority Rule - Step in shoes Justification - Defense Of Property - ANSWER One may use non-deadly force to protect one's property Justification - Self-Defense - ANSWER One may use reasonable force to protect one's self which may raise to deadly force if reasonable belief life is being threatened Insanity - ANSWER MAID Insanity - M'Naghten - ANSWER Due to the mental defect Defendant did not know what he was doing was wrong. Insanity - ALI - Model Penal Code - ANSWER Due to the mental defects Defendant lacked the substantial capacity to conform his acts to the law Justification checklist for defenses against Crimes - ANSWER Military COPS DANCE Mistake Crime prevention defense of Others defense of Property Self Defense Duress Authority Necessity Consent Entrapment Insanity - Irresistible Impulse - ANSWER Due to the mental defect Defendant did not have the ability to control the conduct. Insanity - Durham - ANSWER Due to the mental defect the act by Defendant was the product of his mental illness Intoxication - Voluntary - ANSWER Negates specific intent Intoxication - Involuntary - ANSWER Same as insanity - which will negate intent Diminished Capacity - ANSWER Defendant's acts were due to his capacity being diminished negating his specific intent Infancy - ANSWER 0-6 Conclusive presumption child cannot commit a crime 7-14 Rebuttable presumption children can commit a crime 14+ Has the ability to commit a crime Mitigation - Voluntary Manslaugher - ANSWER A killing done with adequate provocation losing one's mental equilibrium with an insufficient time to cool. Remember words alone are not sufficient An imperfect defense may mitigate murder to voluntary manslaughter Mitigation - Involuntary Manslaughter - ANSWER An unintentional killing without malice Criminal Negligence Misdemeanor Manslaughter Rule Non-Murder Crimes - ANSWER MARK F. BAB Mayhem - ANSWER The malicious disfigurement of another Arson - ANSWER Malicious burning of a dwelling house of another - Charring does constitute a burning Rape - ANSWER Sexual intercourse with a woman without consent Kidnapping - ANSWER Unlawful transportation of another False Imprisonment - ANSWER The unlawful confinement of another Burglary - Common Law - ANSWER The nighttime breaking and entering into a dwelling house of another with the specific intent to commit a felony therein Burglary - Modern Law - ANSWER The trespassory entry into the structure of another to commit an unlawful act Assault - ANSWER An act with the intent to create imminent apprehension or intent to accomplish another crime (i.e. rape) Battery - ANSWER The unlawful application of force to a person