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MBE - Criminal Law
| Term | Definition |
|---|---|
| Duress | 1) 3rd party’s unlawful threat 2) causes 3) D to reasonably believe 4) that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and 5) that causes D to do so |
| Self-defense | 1) use of reasonable force 2) to protect oneself 3) at a reasonable time |
| Attempt | 1) substantial step 2) toward the commission of a crime 3) with the specific intent to commit the crime |
| Wharton Rule (common law) | if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime **not applicable under MPC |
| Conspiracy (majority rule & MPC) | 1) agreement 2) between 2+ people 3) to accomplish an unlawful purpose 4) with specific intent to agree and commit the criminal objective, and 5) an overt act in furtherance of the conspiracy (Note: MPC allows unilateral conspiracy) |
| Burglary (common law) | 1) breaking 2) and entering 3) of the dwelling 4) of another 5) at night 6) with the specific intent to commit a felony therein |
| Robbery | Larceny + assault |
| False pretenses | 1) D obtains title to property of another person 2) through reliance of that person on a false representation of material fact made by D 3) with the intent to defraud |
| Embezzlement | 1) fraudulent 2) conversion 3) of the property of another 4) by a person who is in lawful possession of the property |
| Larceny | 1) trespassory 2) taking 3) and carrying away 4) of the personal property of another 5) without consent 6) with the specific intent to permanently deprive the owner of the property (at the time of the taking) |
| Rape | 1) unlawful 2) sexual intercourse 3) with a person 4) against his/her will 5) by force or threat of immediate force |
| False imprisonment | 1) unlawful 2) confinement of a person 3) without consent |
| Voluntary manslaughter | Murder committed in response to adequate provocation |
| 2nd degree murder | Homicide committed with necessary malicious intent (malice aforethought, excluding felony murder) |
| 1st degree murder | Premeditated and deliberate |
| Involuntary manslaughter | Unintentional homicide committed with criminal negligence or during an unlawful act |
| Criminal negligence | Grossly negligent action that puts another person at a significant risk of serious bodily injury or death |
| Battery | 1) intentional 2) unlawful 3) application of force 4) to the person of another, and 5) that causes bodily harm to that person or constitutes an offensive touching |
| Assault | 1) attempt to commit battery, or 2) intentionally placing another in apprehension of imminent bodily harm |
| Kidnapping | 1) unlawful 2) confinement of a person 3) against their will 4) coupled with either movement or concealment of that person |
| Accomplice | must 1) intend to help the principal commit the crime and 2) intend that the principal commit the crime that is charged |
| Withdrawal (accomplice) | Must: 1) repudiate prior aid, 2) do all that is possible to countermand prior assistance, and 3) do so before the chain of events is in motion and unstoppable |
| Accessory after the fact | A person who aids a felon to avoid apprehension after the felony is committed; MUST know the felony was committed to be guilty |
| M'Naghten Rule | Not guilty if because of a mental disease or defect, D did not know either 1) the nature and quality of the act, or 2) the wrongfulness of the act |
| Irresistible Impulse | Not guilty if a mental disease or defect prevented D from being able to conform their conduct to the law |
| Durham Rule | Not guilty if the crime would not have been committed BUT FOR the mental disease or defect |
| MPC Insanity Test | Not guilty if mental disease or defect either 1) prevents D from knowing the wrongfulness of the conduct or 2) prevents D from being able to conform conduct to law |
| Homicide - actual causation | Victim would not have died “but for” what the defendant did |
| Homicide - proximate cause | It is foreseeable that D’s actions would cause the victim’s actions |
| Common-law murder | The unlawful killing of a human being committed with malice aforethought |
| Malice aforethought - mental states (4) | 1) intent to kill 2) intent to inflict serious bodily injury 3) reckless indifference to an unjustifiably high risk to human life (depraved heart) 4) felony murder |
| Point at which felony murder no longer applies | If the felony is complete and the D has reached a place of safety |
Created by:
growm
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