Law Outlines Criminal Outlines
Criminal outline lays out complex criminal law in easy-to-understand format. This outline is color coded, so that MPC sections and case law is easy to find on your exam day. Outline subjects include: basics, elements of culpability, homicide, rape, inchoate crimes, aiding and abetting, conspiracy, and defenses. There is a Model Penal Code key, a case guide key (with brief, one line descriptions of relevant cases), a short attack outline, and an outline for bar exam preparation (MBE & UBE). This p...
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Elements of offense – MPC 1.13
Actus reas
MPC 2.01 –(1)(2) (omission = (3))
Common law in accord with MPC
Duty
Statute, special relationship, contract, creating peril, voluntary assumption of care of another (seclusion)
Kuntz, Jones, Pope
Mens rea
MPC 2.02
Purposely: conscious object
Intentionally/designedly
Knowingly: practically certain (subjectively aware)
Recklessly: consciously disregards substantial and unjustifiable risk (gross deviation from standard of conduct) (subjective and objective)
Negligently: should be aware ^ (objective)
Default rules:
2.02(3)recklessness(4)applicable to all(5)negligence=all
Common law: malice = reckless +
Cunningham
Absence of MR as SL
Common law assumption: no criminal culpability without MR
Consider – nature of offense, hard to prove MR, how widespread harm is, penalty and stigma, is conduct traditionally protected (notice)
Morissette – no SL, when to read in MR
Staples – no SL
X-Citement – uses awkward grammatical construction to apply term “knowingly” to all elements, no SL
Dotterweich, Balint – SL for drugs
Olson – MR for statutory rape is usually SL, some jxns moving to negligence with MoF
Mistake of Fact
Common law
The mistake has to be reasonable: Sherry, Zachary
Moral wrong principle: when things are so morally wrong (Prince), then a reasonable mistaken belief about AC is not a defense
Lesser crime principle: if you assault a cop and you didn’t know he was a cop, you’re still on the hook for assaulting a cop (Olson)
MPC 2.04 – only culpable for what you thought you were committing
MPC 213.6– age gradations for statutory rape
MPC: 2.04(1)(a) – figure out MR first, then decide whether mistake-of-fact negates the MR (Kelly)
Mistake of law
Common Law: ignorance of law is never an excuse
Marrero, Weiss (kidnapping), Cheek, Smith
MPC 2.02: only a defense if it negates MR
1.13(9) = legality of an act is not an AC
Specific intent – crime that requires as an element that the D have a specific intent to do something
Premeditated murder, intentional (non premeditated) murder, assault with intent to rape, burglary (entering house with intent to commit felony)
General intent – you only have to intend the act
Hitting someone, driving too fast, having forcible sex, shooting into a crowded room
Then what MR do you need for the AC?
Like lack of consent in rape
Or what MR you need for the result
Like in manslaughter
Causation
MPC 2.03 & Common Law
But-for – substantial, but not necessarily only
Proximate – foreseeable (under MPC – dictated by MR)
Acosta, Root, Arzon, Kibbe, Warner-Lambert, Welansky, Deitsch, Lane, Main, Kern
Homicide
Murder
MPC 210.2
Purpose or knowingly
Or recklessly under circumstances manifesting extreme indifference to human life
Felony – murder (during course of felony)
Common law
Malice aforethought
General rule: no time is too short to show premeditation
Carroll
Premeditated distinction – splits into first/second degree murder
Guthrie
Willful
But they need to be able to see that you weighted the decision
Guthrie (not deliberate, impulsive)
Anderson Factors for premeditation
Forrest
Extreme Recklessness
Implied Malice: Serne, Malone, Roe, Fleming
Felony-murder
MPC: 210.2 = robbery, rape, arson, burglary, kidnapping, felonious escape
Common law: inherently dangerous felonies (if unenumerated felony)
Killing must be in furtherance of the felony and
In the course of the felony
“Frolic & detour” theory = creates an “in furtherance” issue, ask yourself about proximate cause and foreseeability
Phillips
Stamp (eggshell), Wilkins (escape), Washington
Causation issue
King – nexus between conduct and cause of death
Williams – misdemeanor-manslaughter (unrenewed license)
Wilkins: nexus = part of continuous transaction
Merger doctrine: If the felony you committed was manslaughter, then they can’t upgrade it to murder because you “committed it in the course of the felony of manslaughter”
Agency theory (majority rule)
Canola
Proximate cause theory
Depends on foreseeable
Abstract test – looks to the felony as it appears in the statute books and just decides in the abstract whether it’s dangerous or not
Phillips
“As committed test” – how felony was committed in particular case
“child neglect” – not necessarily dangerous, but it turns dangerous when the person is a crack addict who doesn’t feed her kid for a week
Manslaughter
MPC 210.3
EED
Cassasa (bathtub killer- EED not a defense)
Walker (bread knife stabber, drugs, no EED)
Reckless
Common law – voluntary manslaughter
Result of heat of passion from provocation
Must be provoked by adequate and reasonable provocation
Strict approach: established categories of reasonable provocation (Being attacked, seeing your wife cheat on you)
Flexible approach: reasonableness up to jury
Must have sense of immediacy, with no time for the blood to cool
Strict: judge determines as a matter of law
Flexible: jury determination
Berry (waits for V in apt for 20 hours)
Maher’s 4th element: as a result of temporary excitement, rather than cruelty or recklessness of disposition
Girouard (words)
Involuntary manslaughter
Some states require recklessness and some require criminal negligence
Williams: only one that allows civil negligence for involuntary manslaughter
Civil = violation of a duty of care (should have known risk of harm)
Criminal = gross deviation from standard of care, and typically involves a substantial risk of harm (MPC)
Bicycle case (civil negligence)
Conrad Murray
Welansky (recklessness), Hall
Negligent homicide
MPC 210.4
Common law: some jxns
Rape
Common law
AR
Physical force + no consent = always rape (even in MD)
Force
No force required under MTS (except penetration)
Resistance
Rusk: must have...
Buy the full version of these notes or essay plans and more in our Criminal Outlines.
Criminal outline lays out complex criminal law in easy-to-understand format. This outline is color coded, so that MPC sections and case law is easy to find on your exam day. Outline subjects include: basics, elements of culpability, homicide, rape, inchoate crimes, aiding and abetting, conspiracy, and defenses. There is a Model Penal Code key, a case guide key (with brief, one line descriptions of relevant cases), a short attack outline, and an outline for bar exam preparation (MBE & UBE). This p...
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