Criminal Law-Bar Exam

A state acquires jurisdiction over a crime if either the conduct or the result happened in that state.

Generally, ther ei sno merger of crimes in American law. EXCEPT: solicitiation and attempt do merge into the substantive offense. So, if you complete a crime, cannot be charged with attempt to commit that crime.

1) An act (or omission)
2) An mental state

An act can be any bodily movement, but the act must be a voluntary movement. Examples of bodily movement that do NOT qualify: conduch which is not the priduct of your own volition, a reflexive or convulsive, an act performed while uncounscious or aspleep.

Generally, no legal duty to rescut but a legal duty to act can arise: 1) by statute; 2) by contract (ex: lifeguards on duty); 3) B/c of the relationship between the parties (parents, spouses); 4) Because you voluntarily assumed a duty of care and then failed to adequately perform it; 5) your conduct created the peril.

1) specific intent crimes; 2) malice crimes; 3) general intent crimes, and 4) strict liability crimes.

They will qualify for additional defenses (voluntary intoxication and unreasonable mistake of fact) that are not avialable for other types of crimes.

1) Solicitation (inchoate); 2) Conspiracy (inchoate); 3) attempt (inchoate): 4) First degree murder; 5) assault; 6) larceny; 7) embezzlement, 8) false pretenses; 9) robbery; 10) Burglary, 11); Forgery

Students can always fake a laugh, even for ridiculous bar facts.

YOu need a reckless disregard to the risk that the harmful act would occur. Murder and Arson

General intent is the big catch-all category. All crimes not in other category are general intent. Most common to see are rape and battery.

Applicable in criminal law. You will ALWAYS be charged with TWO crimes!!

Any defense that negates intention cannot be a defense to the no intent crimes of strict liability. If the crime is in the administration, regulatory or morality area and you dont see any adverbs in the statute such as "intentionally, knowingly, or willfully" then the statute is meant to be a no intent crime of strict liability.

These only come into play if specified in MPC state.
1) Purposely: one acts purposely when it is his conscious objective to engage in certain conduct or cause a certain result
2) knowingly: one acts knowingly when he is aware that his conduct will very likely cause the result
3) Recklessly: one acts recklessly when he consciously disregards a substantial and unjustifiable risk
4) negligently: one acts negligently when he fails to be aware of a substantial and unjustifiable rusk.

One who aids, advises, or encourages the principal in the commission of the crime charged. Must have the requisite intent that the crime be committed.

The crime itself and all other foreseeable crimes.