Criminal Law

What are the two theories of punishment?

Define the Utilitarian and the Retributive theories of punishment.

True of False: No crime is without law.

What are the 7 points of analysis when interpreting a statute?

What is the rule of lenity?

What are the 3 policy goals we have for criminal statutes?

True or False: Vagueness in a law is good because it allows for wholesale legislative delegation of lawmaking authority.

What 3 questions do we ask to test vagueness?

When analyzing statutory intent, what do we look at?

True or False: Criminal statutes are strictly construed.

Under statutory interpretation, what is the Constitutional Avoidance Rule?

True or False: When interpreting a statute, the court must always choose to decrease, rather than enlarge the scope.

What is the difference between a rule and a standard?

What are the two requirements for a crime?

Define Actus Reus.

True or False: Voluntariness in the actus reus is presumed.

What are the 5 types of INVOLUNTARY bodily movements under actus reus?

Under actus reus, for the affirmative defense of an involuntary act performed during an automatistic state due to mental illness, how are the courts split?

When showing actus reus, what time frame/act do we use?

In general, is there liability for crimes of omission?

What are the 5 CL exceptions to the general omission rule (that you are not liable)?

What is the MPC exception for the general omission rule?

Looking past from Mens Rea and Causation, what are the unique requirements to showing liability for omission crimes?

What is the difference between an act and an omission?

Define Mens Rea.

What are the two background sources for Mens Rea?

What are the 3 types of elements under mens rea?

At a minimum, a mental state must attache to ___ of the elements of an offense.

What is the scale of culpability from highest to lowest.

What is the MPC 2.02(2)(a) definition of "Purposely"?

Differentiate between "Purposely" and "Knowingly".

Under MPC 1.13(12) what does "Intentionally" or "with intent" mean?

Under CL, what is the TRADITIONAL definition of "Intentionally"?

Under CL, what is the CURRENT definition of "intentionally"?

Under CL, when does the Doctrine of Transferred Intent apply?

When DOESNT the CL Doctrine of Transferred Intent apply?

How does the MPC address the Doctrine of Transferred Intent?

True of False: MPC 2.02(5) allows for the substitution of a more serious mental state required by the statute with respect to a particular element.

What are the four things we look at when determining mens rea when the statute is silent about it for a particular element?

What are the two types of intent?

What are general intent crimes?

What are specific intent crimes?

True or False: There is a presumption against specific intent.

What does 2.02(4) of the MPC say about assigning a culpable state of mind?

What two things can determine a contrary purpose (in regards to assigning culpable states of mind)?

True or False: Under 2.02(1), every material element has an associated mental state.

True or False: Under 2.02(3), if no mental state is listed, the default mental state is criminal negligence.

True or False: The MPC and the CL definition of "Knowingly" are the same.

Define "knowingly".

Under the MPC 2.02(7), what is Willful Blindness?

Under CL, how is Willful blindness treated?

True or False: The MPC and CL are significantly different when it comes to the definitions of "recklessly" and "negligently".

What are the two questions you ask to determine criminal negligence?

When determining whether the risk was "unjustifiable" under recklessness or negligence, what are the 3 things we look at?

What is the difference between negligence and recklessness?

What is the Learned Hand Formula and to what does it apply?

What is the CL Presumption of Scienter Mens Rea Principle?

Under the Presumption of Scienter, what is the analysis to identifying what elements the rule applies to?

True or False: If an element of a crime does not make it criminal and the offense is not a public welfare offense, then the culpable state of mind must be assigned, regardless of legislature.

What is the definition of Strict Liability?

How does the MPC treat Strict Liability crimes?

True or False: There is a presumption against SL.

What is the difference between Strict Liability and Absolute Liability?

True or False: Mistake of Fact is always a defense.

What is the analysis for mens rea?

How does "Mistake in Fact" apply to general and specific intent?

True or False: There are no exceptions where mistake of fact takes the place of mens rea.

What are the two types of crimes?

True or False: Mistake of Law is a defense.

What is Entrapment by Estoppel?

What does Constitutionality have to do with Entrapment by Estoppel?

To what element of a crime does causation matter?

What are the 2 folds of Causation?

What is the test for Cause in Fact?

What do you do if there are 3 assailants in a But For Test?

What are the two things that you look for when establishing Proximate Cause?

What is the MPC approach to Proximate Cause?

What is the CL analysis to Proximate Cause?

Under CL, for proximate cause, during the 3rd step of "Other Factors", what is each one?

What does Concurrence of the Elements mean?

True or False. Homicide is a crime. It is the same under CL as under MPC.

Using the CL term of art, if you see the word "murder" in a statute, what does it mean?

What 4 types of mental states does "malice aforethought" encapsulate?

What are the 3 types of homicide that fall under "manslaughter"?

True or False: First Degree murder is a term of art.

Under the premeditation requirement for First Degree murder, what are the 3 different ways to analyze premeditation?

What are the 6 points of analysis for looking at evidence of premeditation under First Degree Murder?

True or False: Extreme Emotional Disturbance and Heat of Passion are defenses to homicide​.

What are the 3 components to EED and Heat of Passion defenses?

For a Heat of Passion defense, to fulfill the objective part, what are the points of analysis?

For an Extreme Emotional Disturbance defense, under the objective part of the components, what are the 3 things to remember when analyzing?

Depraved Heart homicide is basically _______________.

What are the 3 elements of Depraved Heart homicide?

What is Depraved Heart homicide per se?

Define Criminal Negligence.

What are the steps for determining criminal negligence?

Reckless Homicide is like _________ plus.

True or False: Felony Murder is a statutory crime.

Under the CL, the what is the standard for Felony Murder?

What does the MPC have to say about felony murder?

True or False: Prosecutors always have the option of foregoing the felony-murder rule and proving the mens rea for the homicide.

What are the 3 limitations on the felony-murder rule?

Under the Felony Murder Rule, what is the inherently dangerous felony limitation?

Under the Felony Murder Rule, what is the Merger Doctrine?

Under the Felony Murder Rule, what are the independent purpose exceptions?

Under the Felony Murder rule, under independent purpose exception, what is the agency rule?

Under the Felony Murder rule, under independent purpose exception, what is the proximate causation?

Under the Felony Murder rule, under independent purpose exception, what is the co-felon rule?

For Self-Defense, what are the 4 factors to consider?

Define the Triggering Condition under the CL and the MPC.

Under self-defense, for necessity, what are the general requirements under CL and MPC?

Under SD, for necessity, what are the refinements?

Under SD and necessity, define immanence under CL and MPC?

Under SD and necessity, what is the Duty to Retreat?

What is the Castle Doctrine?

True or False: Deadly force in self-defense is permitted always.

Under SD, explain the rules regarding Initial Aggressor and Provocation.

Through what lens do we determine whether SD was justified?

True or False: In SD, sincere but unreasonable belief still allows you to use SD.

What are the 3 elements of the Necessity defense?

How is the Necessity defense judged?

True or False: When raising a Necessity Defense, it doesn't matter if the D was the one who caused the conditions of the defense.

What are the 2 unrelated uses of diminished capacity?

True or False: Under diminished capacity, there is a partial responsibility defense.

What is the CL basic rule for Attempt Mens Rea?

What are the 2 types of Attempts under the MPC when determining attempt mens rea?

Under the MPC approach to attempt mens rea, what mens rea is required for Completed Attempts?

Under the MPC approach to attempt mens rea, what mens rea is required for Incompleted Attempts?

How do we deal with attendant-circumstance elements when figuring out attempt mens rea?

True or False: You should always charge attempt crimes if you can.

What is the general rule for Actus Reus for attempt?

What are the 4 test for Attempt Actus Reus for determining whether D went far enough?

What is the Dangerous Proximity Test for attempt actus reus?

What is the Probable Distance Test for determining actus reus in an attempt crime?

What is the Res Ipsa/Unequivocally Test for determining actus reus in an attempt crime?

What is the MPC's Substantial Step Test for determining actus reus in an attempt crime?

Under the MPC, how does the Affirmative Defense of Abandonment work?

What are the differences between Mistake and Impossibility as Affirmative Defenses?

What are the 3 classifications of impossibility?

Though hardly used, what are the CL categories of accomplice liability?

What is the majority approach that states employ for accomplice liability?

What are the components of intentional accomplice liability?

For Unintentional Accomplice Liability, what is the general rule (as seen in Riley)?

For Unintentional Accomplice Liability, what is the "Natural and Probable Consequence" Rule?

Generally, how do excuses work?

What are the 5 elements of Duress under Common Law?

True or False: Under the CL, duress is NOT a defense to homicide.

True or False: Under the MPC, duress is NOT a defense to murder.

What are the 3 elements of a Duress Defense under the MPC?

Explain the difference between Duress and Necessity.

What are the two types of intoxication defenses?

Under CL, voluntary intoxication will only work as a defense if it negates ________.

For an Involuntary Intoxication defense, what are the requirements?

True or False: Under the MPC, voluntary intoxication cannot negate recklessness or negligence.

Name the 4 Test for Insanity.

What are the 3 parts for the M'Naghten Rule?

What is the irresistible Impulse Test for Insanity?

What is the Durham or Product test?

What are the elements for an Insanity Defense under the MPC?