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MBE CRIMINAL LAW with FL Distinctions

GENERAL PRINCIPLES

A crime always requires proof of a physical act and a mental state and a concurrence between the actus reus andmens rea-plus causation.PHYSICAL ACT:Any bodily movement. Exceptions: (1) involuntary (!) reflective or convulsive (e.". epileptic sei#ure)or ($) performed while unconscious or asleep (sleep-wal%in"). &mission to act can also "ive rise to liability arisin" fromstatute contract relationship between the parties voluntarily assumin" the duties where conduct creates peril.MENTAL STATES:'pecific ntent: requires intent to en"a"e in proscribed conduct. All defenses that ne"ate intent are available.'ubective test.*eneral ntent: requires awareness of actin" in a proscribed manner. 'ubective test.+alice: requires a rec%less disre"ard of an obvious or hi"h ris% that the particular harmful result will occur. 'ubectivetest. ,efenses to specific intent crimes do not apply to malice crimes. &nly applies to common law murder and arson.'trict iability: requires no mens rea. onscious commission of a proscribed act. f the crime is (1) in theadministrative re"ulatory or morality area and (!) there are no adverbs li%e %nowin"ly willfully or intentionally then itis li%ely be a ' crime. Any defense that ne"ates intention cannot be a defense.+odel /enal ode: for statutory violations. /urposefully %nowin"ly rec%lessly and ne"li"ently.0ransferred ntent: , may be liable under the doctrine of transferred intent where she intends the harm that is actuallycaused but to a different victim or obect. 0his can result in prosecution for two crimes.

CAUSATION: eed 2/roximate ause3 04& ways: the resultant harm must be within the ris% created by 5s conductin crimes 6a7 involvin" ne"li"ence or rec%lessness OR6b7 sufficiently similar to that intended in crimes requirin" intent

so not as to hold the liable for extraordinary results (acts of nature/grossly negligent-intentional bad acts of 3Ps).

4hen 5s actions A&E cause the harm 5s act is the Direct Cause-le"ally responsible. NOTE: can be relieved of

liability when another force is a superseding intervening causebreaks chain of proximate cause; WRINKLES:adependent intervening causewill supercede5s act &8 when it is a totally abnormal response to the 5s act9 an

independent intervening causewill normally supercede 5s act EE/0 when the independent intervenin" force wasforeseeable.

HOMICIDEMurder: At common law murder is unlawful %illin" of a human bein" with malice aforethou"ht. +alice aforethou"htexists if the , had1. ntent to %ill9 !. ntent to inflict "reat bodily inury9 $. ;ec%less indifference to an unustifiably hi"h ris% to human life

&; murder in the 1stde"ree is the unlawful %illin" of a human bein"perpetrated from a premediated desi"n to effect t he death of the person %illed or of any human bein" ORwhenen"a"ed in the attempted?commission of felonies enumerated.

'econd de"ree murder: 0ypically includes intent to inflict "reat bodily inury and depraved h

unlawful %illin" of a human bein" when perpetrated by any act imminently dan"erous to andepraved mind re"ardless of human life ORwhen en"a"ed in the attempt?commission of a

a person other than the person en"a"ed in t

he perpetration or attempt to commit such felo@ 0hird de"ree murder

>the unlawful %illin" of a human bein" when perpetrated without anperson en"a"ed in the attempt?perpetration of any felony &0 enumerated.Manslau!ter:

"L#t!e $%luntar& ' intenti%nal ta(in %) %ne*s li)e+ assistedsui,ide-.%luntar& Manslau!ter: a %illin" that would be murder but for the existence ofadequate provocation &; diminished mental capacity &; mperfect self-defense./rovocation is adequate:1. 0he provocation would arouse sudden and intense passion in the mind of anordinary person causin" him to lose self-control !. 0he , was in fact provo%ed $.0here was not sufficient time between provocation and %illin" for passions of areasonable person to cool9 A, when in

causes "reat bodily harm permamnent disability or disfi"urement?uses a deadly weapon?w

that.Assault: either (1) an attempt to commit battery (specific intent crime) or (!) a threat ("enerintention to create reasonable apprehension of imminent bodily harm. Assault mer"es so ifcan only be battery. A""ravated assault>with a deadly weapon without intent to %ill &; wi

PROPERTY CRIMES/urlar&: 1. A brea%in" (creatin" or enlar"in" an openin" by at least minimal force fraud o(placin" any portion of the body inside) $. &f a dwellin"

8/12/2019 1 CrimLAW

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MBE CRIMINAL LAW with FL Distinctions

Ars%n: 1. 0he malicious (intentional or rec%less) !. Burnin" (not water dama"e smo%e or explosion) $. &f the dwellin"