Criminal Law (bar exam) @ 2023
When does a state have jurisdiction to prosecute a crime? - Answer state may
prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in
that state
Merger - Answer -one crime is subsumed into another → can be CHARGED, but cannot
be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/
elements AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
Burden of Proof (generally) - Answer BEYOND A REASONABLE DOUBT is the burden
the state bears for every element of a crime
Actus Reus (AR) - Answer 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
Situations in which a Legal Duty to Act may arise: - Answer i) statute (e.g., paying taxes,
reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Mens Rea (MR) - Answer MENTAL or INTERNAL component of a crime
specific intent crimes - Answer -purpose or object
-the manner in which the crime was committed may provide circumstantial evidence of
intent
the major specific intent crimes - Answer 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
, 5) attempt
6) conspiracy
7) larceny
8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
malice - Answer -greater than, or equal to, gross recklessness → a reckless disregard
of an obvious or high risk that the particular harmful result will occur
1) murder
2) arson
general intent - Answer -greater than, or equal to, criminal negligence → an awareness
of all factors constituting a crime (this is a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will occur
-inference of intent from act: a jury may infer the required general intent merely from the
doing of the act
transferred intent - Answer intent to cause harm to a particular individual or object
TRANSFERS if it instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - Answer MR for offense must exist
SIMULTANEOUSLY with commission of offense
accomplice liability - modern approach - Answer -RULE: one is liable for a crime
someone else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) -
Answer 1) Principal in the 1st degree → present at scene, commits AT LEAST one
element of the crime (example: masked bank robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY
element of the crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand
(example: planner or supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over
(example: hideout provider)
When does a state have jurisdiction to prosecute a crime? - Answer state may
prosecute crime if significant portion of prohibited CONDUCT or RESULT occurred in
that state
Merger - Answer -one crime is subsumed into another → can be CHARGED, but cannot
be CONVICTED of both
-Lesser-included offenses DO merge into greater-included offenses (e.g. crime w/
elements AB merges into crime w/ elements ABC)
-Conspiracy does NOT merge into the target offense
-Solicitation and Attempt DO merge into the target offense
Burden of Proof (generally) - Answer BEYOND A REASONABLE DOUBT is the burden
the state bears for every element of a crime
Actus Reus (AR) - Answer 1) PHYSICAL or EXTERNAL component
--i) prohibited conduct (e.g., speeding)
--ii) prohibited result (e.g., killing)
--iii) attendant circumstances (e.g., age of victim)
2) VOLUNTARY ACT
3) an OMISSION which violates a legal duty
-generally, NO LEGAL DUTY to act or aid
Situations in which a Legal Duty to Act may arise: - Answer i) statute (e.g., paying taxes,
reporting child abuse)
ii) contract (e.g., nurse, nanny)
iii) relationship (e.g., parent, spouse)
iv) assumption of care (e.g., Misery)
v) creation of peril (e.g., hitting pedestrian)
Mens Rea (MR) - Answer MENTAL or INTERNAL component of a crime
specific intent crimes - Answer -purpose or object
-the manner in which the crime was committed may provide circumstantial evidence of
intent
the major specific intent crimes - Answer 1) 1st degree murder
2) assault
3) inchoate offenses
4) solicitation
, 5) attempt
6) conspiracy
7) larceny
8) robbery
9) embezzlement
10) false pretenses
11) burglary
12) forgery
malice - Answer -greater than, or equal to, gross recklessness → a reckless disregard
of an obvious or high risk that the particular harmful result will occur
1) murder
2) arson
general intent - Answer -greater than, or equal to, criminal negligence → an awareness
of all factors constituting a crime (this is a catch-all)
1) rape
2) battery
3) kidnapping
-NOTE: for general intent, ▵ need not be certain that all attendant circumstances exist
-it is sufficient that ▵ is aware of a high likelihood that they will occur
-inference of intent from act: a jury may infer the required general intent merely from the
doing of the act
transferred intent - Answer intent to cause harm to a particular individual or object
TRANSFERS if it instead causes SIMILAR harm to another person or object
Concurrence of Actus Reus and Mens Rea - Answer MR for offense must exist
SIMULTANEOUSLY with commission of offense
accomplice liability - modern approach - Answer -RULE: one is liable for a crime
someone else commits IF:
-actus reus → aided, encouraged, advised
-mens rea → to assist in commission of crime
accomplice liability - 4 Categories of Parties to a Crime (common law approach) -
Answer 1) Principal in the 1st degree → present at scene, commits AT LEAST one
element of the crime (example: masked bank robber)
2) Principal in the 2nd degree → present at scene, assists but does NOT commit ANY
element of the crime (example: driver or lookout)
3) Accessory BEFORE the fact → not at scene, provided assistance beforehand
(example: planner or supplier)
4) Accessory AFTER the fact → not at scene, provided assistance after crime was over
(example: hideout provider)
