CRIMINAL LAW ATTACK SHEET

I.

JURISDICTION AND GENERAL MATTERS

a. RULE: a state acquires jurisdiction over a crime if either the conduct or the result
happened in the state.
b. MERGER: No merger in general; solicitation and attempt merge into the substantive
offense; but conspiracy dos not merge.

II.

ESSENTIAL ELEMENTS OF A CRIME

a. ACT: a voluntary bodily movement that is the product of persons own volition.
i. Reflexive or compulsive actions, and actions performed while unconscious or
asleep do not qualify for criminal activity.
b. OMISSION: No legal duty to rescue in general, but legal duty to act may arise from
statute, contract, relationship, assumption of duty to care, and when created a peril
(must do something to alleviate).
c. MENTAL STATE:
i. Specific Intent Crimes: Solicitation, Conspiracy, Attempt, First degree
murder, Assault, Larceny, Embezzlement, False pretenses, Robbery, Burglary,
Forgery (Students Can Always Fake A Laugh, Even For Ridiculous Bar
Facts)
1. Defenses: Voluntary Intoxication and Unreasonable Mistake of Facts
ii. Malice Crimes: Murder and Arson (key: Reckless Indifference NOT special
intent)
iii. General Intent Crimes: Rape and Battery
1. Doctrine of Transferred Intent: the specific intent may transfer, and
resulting in two crimes; the attempt of the action and the actual crime
for the action crimes does NOT merge.
iv. Strict Liability Crimes: No intent crimes (once you did it, you are in trouble)
1. Administrative, Regulatory, or Morality
2. Defenses:
a. Defenses that negates intention CANNOT be a defense
b. Mistake of Facts NOT a defense
c. Consent NOT a defense
d. State of Mind is IRRELEVANT insofar as the person is sane
v. Model Penal Code [on mental state]: when acts purposely, knowingly,
recklessly, or negligently.
1. Purposely: conscious objective to cause a certain result
2. Knowingly: aware of the likelihood to cause the result
3. Recklessly: consciously disregards a substantial and unjustifiable risk
4. Negligently: fails to be aware of a substantial and unjustifiable risk

III.

ACCOMPLICE LIABILITY
a. ACCOMPLICE: one who aids, advises, or encourages the principal in the
commission of the crime charged.
i. The accomplice must also have the requisite intent of the crime and is liable
for the crime itself and all other foreseeable crimes.
b. WITHDRAW:
i. Encourage then repudiate
ii. Provided assistance then do everything possible to neutralize the assistance
iii. Alternate withdraw contact the police

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IV.

V.

INCHOATE OFFENSES (incomplete offenses)

a. SOLICITATION: asking someone to commit a crime; happens when finished
asking.
i. Common Law: person solicited does not NEED to agree to commit the crime;
and if agreed, solicitation merges and the only crime chargeable is conspiracy.
ii. Defense: Factual impossibility is NOT a defense
b. COSPIRACY: an agreement with an intent to agree, and an intent to pursue an
unlawful objective
i. Common Law:
1. Does Not merge
2. Co-conspirator is liable for ALL the crimes of co-conspirators if those
crimes were committed in furtherance of the conspiracy and were
foreseeable.
3. Agreement need not be express and the intent can be inferred from
conduct.
a. Bilateral: requires two guilty parties, or no conviction
b. Unilateral: requires only one person with genuine criminal
intent
4. Defense: factual impossibility is NOT a defense; complete withdraw
does not relieve liability for the conspiracy, just subsequent crimes
ii. Overt Act
1. Majority View: must be agreement plus some overt act in furtherance
of the conspiracy. (any little act/preparation will suffice)
2. Minority View: liability is grounded within the agreement itself
c. ATTEMPT: specific intent plus a substantial overt act beyond mere preparation in
furtherance of the crime.
i. Defense:
1. Majority: abandonment is not a defense after taking substantial step
2. MPC: allows fully voluntary abandonment as a defense when it is a
complete renunciation of criminal purpose.
3. Legal Impossibility: a defense
4. Factual Impossibility: NOT a defense
Defenses for Crimes Based on Criminal Capacity
a. INSANITY: 4 tests
i. MNaghten Rule: Defendant lacked the ability to know the wrongfulness of
his actions or understand the nature and quality of his actions at the time of
conduct.
ii. Irresistible Impulse: Defendant lacked the capacity for self control and free
choice.
iii. Durham Rule: Defendants conduct was a product of mental illness.
iv. Model Penal Code: Defendant lacked the ability to conform his conduct to the
requirement of law.
b. INTOXICATION:
i. Voluntary Intoxication: self-induced intoxication; defense only to SPECIFIC
INTENT crimes.

CRIMINAL LAW ATTACK SHEET

VI.

VII.
VIII.
IX.
X.

ii. Involuntary Intoxication: unknowingly intoxicated or intoxicated under

duress.
1. Addicts and Alcoholics CANNOT claim involuntary intoxication.
2. It is a form of insanity, and a defense to ALL crimes.
c. INFANCY: age < 7 is no crime; age > 14 is a rebuttable presumption of no criminal
liability.
Principles of Exculpation and Other Defenses
a. SELF DEFENSE
i. Non Deadly Force: anytime the victim reasonably believes the force is about
to be used on him.
ii. Deadly Force:
1. Majority: anytime the victim reasonably believes that deadly force is
about to be used on him.
2. Minority: victim is required to retreat if it is safe to do so except when
at home or the victim of rape or a robbery, and police officers.
iii. Original Aggressor: to get back the self defense, the original aggressor must
withdraw and communicate that withdraw; or if the original victim suddenly
escalates a minor fight with deadly force without giving the original aggressor
an opportunity to withdraw.
iv. Defense of Others: when person reasonably believes the victim would have
had the right to use force is own defense.
1. Majority: special relationship not required
b. DEFENSE OF DWELLING: deadly force may never be used solely to defend
property.
i. Spring Gun Rule: person must be presence, deadly force not allowed to
protect just the property when owner not at risk.
c. DURESS: the act was under the reasonable belief that threat of imminent infliction of
death or great bodily harm.
i. Threat to harm a third person suffices for defense
ii. Defense to ALL crimes EXCEPT homicide
d. NECESSITY:
Offenses Against the Person
Sex Offenses
Property Crimes
Offenses Against Habitation