MBE Criminal Law Comprehensive Review

Sources of Criminal Law

• Common law, statutory law (modern trend), and Model Penal Code (MPC)

• Apply generally accepted principles unless fact pattern specifies otherwise

Basic Elements of an Offense

• {Actus reus} + {Mens rea} + {Causation} + Concurrence

• Strict-liability crimes: no ext{mens rea} required

Actus Reus

• Must be a voluntary physical act (incl. speech, possession) or a legally required omission

• Omission liability only if: statute, contract, special relationship, voluntary undertaking, or defendant’s peril creation

Mens Rea (Common Law)

• Specific intent (FIAT crimes)

• Malice (murder, arson)

• General intent (battery, rape, kidnapping, false imprisonment)

• Strict liability (e.g., statutory rape)

Mens Rea (MPC hierarchy)

• Purposely > Knowingly > Recklessly > Negligently

• If statute silent \rightarrow at least “recklessly” required

Common Law vs. Model Penal Code (MPC)

Mistake

• Fact: defense if honest; must be reasonable unless crime is specific-intent

• Law: usually no defense; MPC allows if it negates required mental state or fits statutory exemption

Transferred Intent

• Applies to completed crimes (homicide, battery, arson) when wrong victim harmed; does NOT apply to attempt

Parties to a Crime

• Principal = actor;

• Accomplice = aids/encourages with intent;

• Accessory after the fact = helps avoid capture

• Accomplice may withdraw by: repudiating aid, neutralizing effect, timely warning police

Vicarious & Corporate Liability

• Employers/companies vicariously liable for agents’ strict-liability/regulatory offenses; MPC lists specific grounds

Homicide Overview

• Murder: unlawful killing with malice aforethought (intent to kill, SBI, depraved heart, felony murder)

• Degrees (statutory): 1st = premeditated or BARRK felony murder; 2nd = all other murder w/ malice

• Manslaughter: Voluntary (heat of passion / imperfect self-defense); Involuntary (criminal negligence or non-BARRK unlawful act)

Property Crimes (Core Distinctions)

• Larceny = trespassory taking & carrying away ext{(asportation)} of personal property w/ intent to permanently deprive

• Embezzlement = lawful possession \rightarrow fraudulent conversion

• False pretenses = obtain title by material misrepresentation

• Larceny by trick = obtain possession (not title) by fraud

• Robbery = larceny from person/presence by force/intimidation

• Burglary (CL) = breaking & entering dwelling of another at night w/ intent to commit felony

• Arson (CL) = malicious burning (charring) of another’s dwelling

Inchoate Offenses

• Solicitation: urging another to commit crime w/ intent they do so (merges if crime committed)

• Conspiracy: agreement + intent + (modern rule) overt act; no merger with completed crime

Each conspirator liable for foreseeable crimes of co-conspirators (Pinkerton)

• Attempt: substantial step toward crime + specific intent; impossibility no defense unless legal impossibility; merges on completion

Defenses (Highlights)

• Insanity tests: M’Naghten, Irresistible-Impulse, Durham, MPC substantial-capacity; defendant bears burden in most states

• Intoxication: voluntary \leftrightarrow defense only to specific-intent if it negates intent; involuntary \leftrightarrow defense to all but strict-liability acts may negate voluntariness

• Self-Defense: reasonable non-aggressor may use proportional force; deadly force only to prevent death/SBI; retreat (castle doctrine exceptions)

• Defense of Others/Property: same reasonableness; deadly force never for property alone (except dwelling intruder)

• Necessity: natural forces, lesser-evil choice; Duress: human threat of death/SBI (not defense to intentional homicide)

• Entrapment (majority subjective): govt inducement + no predisposition

• Mistake, Consent, Public/Parental authority as situational defenses

Merger & Double Jeopardy Quick Check

• Attempt + solicitation merge into completed offense

• Conspiracy does NOT merge

• Lesser-included offenses barred by Double Jeopardy after conviction/acquittal

Exam Flags

• Use ext{BARRK} to spot felony-murder & first-degree statutes

• Remember continuing-trespass for larceny intent timing

• MPC uses “substantial step,” not dangerous-proximity, for attempt

Majority vs. Minority Rules