Criminal Law Checklist

1) ACTUS REUS (p. 1) a. Common Law: i. Voluntariness. ii. Involuntary Acts: Unconscious, Sleepwalking iii. Foreseeable involuntary Act? iv. Omissions no duty unless St, Rel, K, Vu, Peril b. MPC i. Voluntary act also required ii. Not voluntary act: reflex, unconscious, hypnosis iii. Omission or duty must be specified MENS REA (p. 2) a. Common Law: i. Traditional wickedness ii. Modern intent, purpose (knowledge?), recklessness, negligence iii. Strict Liability if no MR in statute, limited list: 1. regulatory, small penalties, recent, low stigma, reasonable prevention b. MPC: i. No strict liability. ii. Purposely, knowingly, recklessly, negligently iii. If no MR in law: recklessly, purposely, knowingly... iv. MR in law: applies to all elements of offense. MISTAKE OF FACT (p.3) a. Common Law: i. Moral Wrong Doctrine ii. Lesser Crime Principle iii. Policy b. MPC: i. Want match between MR & law ii. Lesser crime principle MISTAKE OF FACT - RAPE (p. 3) a. Common Law: i. Honest & Reasonable is full defense. (majority) ii. Honest is full defense. (minority) iii. Strict liability. (minority) b. MPC: i. Honest is full defense. MISTAKE OF LAW (p. 4) a. Common Law: i. No defense unless: 1. Official int. of law later determined erroneous. 2. Due process requires fair notice. 3. Reliance on public officials who interpret law. ii. Collateral Mistake of Law iii. Statute establishes MR requirement. b. MPC: i. Generally no defense, unless: 1. Ignorance negates the MR 2. Lesser crime principle! 3. Law not known to AND not promulgated. 4. Reasonable reliance upon official statement. 6) MURDER (p. 5) a. Common Law: i. First - willful + premeditated + deliberate. ii. Second: 1. Willfull, but not premed, or not delib. 2. Intent to commit grievous injury. 3. Depraved heart murder. b. MPC: no degrees. i. Purposely, knowingly, OR ii. Recklessly if BARREK. (like FM) FELONY MURDER (p. 6) - Common Law only. a. First - BARREK. Second - others. b. Causation: i. Stamp: But-for is enough. ii. Serne: Also requires foreseeability. c. Limitations: i. Must be Inherently Dangerous: 1. As Committed (majority) 2. In the abstract (minority, Cal) ii. Merger Rule 1. Independent purpose test 2. Assaultive Nature test iii. Killings by non/co-felons: 1. Agency Theory (in furtherance, not frolic) 2. Prox. Cause Theory (Any foreseeable death) 3. co-felons by non-felons. MANSLAUGHTER (p. 7) a. Common Law: i. Voluntary: Heat + Provocation + No Cooling ii. Involuntary: 1. Gross / Criminal Neg. 2. Recklessness. 3. Misdemeanor Manslaughter. b. MPC: i. Manslaughter: Recklessly. Disturbance. ii. Neg. Homicide: Negligently. ATTEMPT (p. 8) a. Common Law: i. Traditional: 1. Mens Rea: Purpose or intent required. 2. Actus Reus: Dangerous Proximity Test Equivocality Test Substantial Step Test ii. Parity: Any MR for crime is ok. b. MPC: i. Complete: Parity ii. Incomplete: substantial step test. iii. Long list of corroborative conduct.

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10) IMPOSSIBILITY (p. 9) a. Common Law: i. Traditional View: 1. Factual Impossibility: NOT a defense. 2. Legal Imposs: Defense. 3. True Legal Imposs: Defense. 4. Inherent Imposs: Defense. ii. Objective View: Is act alarming to 3rd party? b. MPC: i. Impossibility is no defense, unless Inherent. 11) CAUSATION (Common Law, p. 10) i. Actual Cause: 1. But-for 2. Accelerating given result. 3. Concurrent sufficient result. ii. Proximate Cause: 1. Foreseeability Test Result Only Result & Triggering Clause 2. Intervening Cause breaks chain of causation Unless made victim more vulnerable. Or if its the same type of risk. 3. Subsequent Human Actions Intending to Cause Death o Willful, intentional actions break chain of causation. o Final Overt Act: Must participate in it. Recklessly Risks Death o Subsequent reckless actions that also risk the result break chain of causation. o Unless works concurrently as cause of harm. o Public Policy may also establish causation. Overall: If & decedent contributed equally, casual chain is not broken. If decedent contributed more, then the chain is broken. 12) CAUSATION (MPC, p. 11) a. But-for Cause required. b. If Mens Rea does not match with the conduct/result No Causation unless same injury. c. Causing another to commit suicide is crime only if purposely causes such suicide by force, duress, or deception. d. Aiding to commit suicide. 13) COMPLICITY a. Common Law: (crime must be attempted/completed; attempting to aid is not enough) i. Mens Rea

Words or actions must have specific intent to aid principal. 2. Knowledge is not usually enough. (except for most serious crimes) 3. liable if actual crime committed was natural & probable consequence. 4. In the ordinary course of things. 5. Parity complicity = completed crime. ii. Actus Reus 1. Aid or encouragement enough. 2. Presence WITH PURPOSE/prior agreement. 3. Omission only if theres duty to intervene. iii. No Causation requirement. b. MPC: (attempting to aid is enough, crime need not be attempted) i. Mens Rea 1. Just requires purpose of promoting offense. ii. Actus Reus 1. Soliciting, aiding, agreeing to aid, attempting to aid 14) CONSPIRACY a. Common Law: (conspiracy doesnt merge) i. Mens Rea 1. Intent to agree to achieve unlawful goal. 2. Lauria Criteria. ii. Actus Reus 1. Agreement to do unlawful acts. 2. Sometime overt act required. 3. Agreement may be implicit; inferred. 4. But must be logically necessary for their actions! iii. Pinkerton Rule 1. All co-conspirators can be convicted of crimes by other if naturally foreseeable consequenses in furtherance of the agreement. 2. No retroactive liability; only for evidence. 3. Limited if has minor role, or contribution or lack of knowledge. b. MPC: i. No Pinkerton rule. ii. Agreement + overt act (with purpose) iii. Merger. 15) JUSTIFICATION a. TBD 16) PUNISHMENT THEORIES (p. 15) a. Retribution b. Rehabilitation c. Deterrence d. Incapacitation

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