barbri_outline_-_mbe-ny_(2005)_-_criminal_law_&_procedure

barbri_outline_-_mbe-ny_(2005)_-_criminal_law_&_procedur...

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C RIMINAL L AW (20 OF 33 Q S ) (OTHER 13 ARE C RIM P RO ) I. General Matters (Jurisdiction) A. Jurisdiction 1. State acquires jurisdiction if: conduct happened there OR result happened there 2. For crimes of omission, jurisdiction lies where the act should have been performed B. Merger 1. Generally NO merger of crimes in American Law 2. EXCEPT – Solicitation & Attempt merge into the substantive offense - Conspiracy does NOT merge with the substantive offense – You can be convicted of conspiring to rob and robbery. II. Essential Elements of Crime (An Act or an Ommision) A. Act 1. Any bodily movement ; EXCEPT a. Conduct not the product of one’s own volition (someone pushes you into a 3 rd person) b. Reflexive or convulsive acts (epileptic seizure) c. Unconscious or asleep (sleepwalking - not falling asleep at the wheel) 2. Omission when there is a legal duty to act a. Statute (filing a tax return) b. Contract (lifeguard) c. Relationship between parties (parents have duty to protect their children) d. Voluntary assumption of duty of care inadequately performed (on MBE often). (you assume duty when you say you will save someone drowning, then turn back b/c you don’t like the person) e. Conduct created peril Creation of peril for the victim by the defendant (push person into pool) B. Mental State (Very important topic - 8 ~ 10 Qs on this topic) TIP: Learn 2nd degree of a crime, Take 2nd degree and add a gun = 1st degree, Take 2nd degree and remove an element = 3rd degree SPECIFIC INTENT (11): MALICE (2): GENERAL INTENT (4/5): STRICT LIABILITY (3) (1) solicitation (2) conspiracy (3) attempt (4) 1 st degree “premeditated” murder (statutory), in contrast to 2 nd degree/common law murder, a malice crime (5) assault * (6) larceny (7) embezzlement (8) false pretenses (9) robbery (10) burglary (11) forgery (1) murder (common nd degree statutory murder) (2) arson (1) battery (& assault if it’s defined as a threat, rather than as an attempted battery) (2) rape (3) kidnapping (4) false imprisonment (1) statutory rape (2) selling liquor to minors (3) bigamy (in some jurisdictions) mistake (reasonable or unreasonable), is a valid defense mistake is a defense as long as it’s reasonable mistake is a defense as long as it’s reasonable only defense: statute is unconstitutional 1. Specific Intent intent to engage in proscribed conduct Qualifies for 2 additional defenses not available for other types of crimes (i) Mistake of fact (ii) Voluntary Intoxication 2. Malice reckless disregard of an obvious or high risk that the particular harmful result will occur 3. General Intent (big catch-all category) awareness of factors constituting a crime Transferred Intent (always two crimes for this) 1
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(i) D intends the harm that is actually caused, but to a different victim or object (e.g. Murder for B, Attempt of murder for B) (ii) No merger here - Never merge any crimes that have different victims 4. Strict Liability – the “no intent crimes” so you can’t use any defenses that negate intent
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This note was uploaded on 09/22/2011 for the course LAW LAW taught by Professor Concordia during the Spring '11 term at Concordia AB.

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barbri_outline_-_mbe-ny_(2005)_-_criminal_law_&_procedur...

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