Crim Pro Essay Rules

Specific Intent Crimes

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

• Solicitation: intent to have person solicited commit the crime

• Conspiracy: intent to have crime completed

• Attempt: intent to complete crime

• First Degree Premeditated Murder: premeditated intent to kill

• Assault: intent to commit battery

• Larceny: intent to permanently deprive other of their interest in property taken

• Embezzlement: intent to defraud

• False Pretenses: intent to defraud

• Robbery: intent to permanently deprive other of their interest in property taken

• Burglary: intent to commit felony in the dwelling

• Forgery: intent to defraud

Malice

• common law murder and arson

• reckless disregard of an obvious or high risk that particular harmful result will occur

General Intent

D has awareness of all factors constituting the crime i.e. that they are acting in the proscribed way and there is high likelihood that required attendant circumstances will occur

Strict Liability

• selling liquor to minors, statutory rape

• D can be found guilty from mere fact that they committed the act

MPC - Purposely

conscious act is to engage in certain conduct or cause a certain result

MPC - Knowingly

• aware that their conduct is of a particular nature of that certain circumstances exist

• aware of high probability that certain circumstances exist and deliberately avoid learning the truth

• conduct will necessarily or very likely cause particular result

MPC - Recklessly

consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow, and this disregard constitutes a gross deviation from the standard of care that a rxbl person would exercise in that situation

MPC - Negligence

fail to be aware of a substantial and unjustifiable risk where such failure is a substantial deviation from the standard of care

Principals in the 1st Degree - Common Law

• persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so

• at common law, principal was required for conviction of accessory, but most jxs have abandoned

Principal - Modern

one who with requisite mental state actually engages in the act or omission that causes the criminal result

Accomplice - Modern

one who aids, advises, or encourages the principal in the commission of the crime charged