CRIM LAW SHORT OUTLINE & CHECKLIST

CHECKLIST
I. Principles of Criminal Law

II. Accomplice Liability

a. COMMON LAW V MODERN

III. Inchoate Offenses (3)

a. SOLICITATION
b. CONSPIRACY
c. ATTEMPT

IV. Common Law Crimes (5)

a. CRIMES AGAINST THE PERSON (7)
i. HOMICIDE (Murder, Voluntary/Involuntary Manslaughter)
ii. BATTERY
iii. ASSAULT
iv. FALSE IMPRISONMENT
v. KIDNAPPING
vi. RAPE
vii. MAYHEM
b. CRIMES AGAINST PERSONAL PROPERTY (5)
i. LARCENY
ii. EMBEZZLEMENT
iii. FALSE PRETENSES
iv. RECEIVING STOLEN PROPERTY
v. MALICIOUS MISCHIEF
c. CRIMES AGAINST PERSON/PROPERTY (2)
i. ROBBERY
ii. EXTORTION
d. CRIMES AGAINST REAL PROPERTY (2)
i. BURGLARY
ii. ARSON
e. CRIMES AGAINST PUBLIC
i. FORGERY
ii. PERJURY
iii. BRIBERY

V. Defenses (11)
a. SELF DEFENSE, DEFENSE OF OTHERS, DEFENSE OF PROPERTY
b. INSANITY
c. INTOXICATION
d. MISTAKE
e. ENTRAPMENT
f. AGE/INFANCY
g. DURESS/NECESSITY
h. CRIME PREVENTION
i. APPREHENSION/ARREST

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I. Principles of Criminal Law

A. ACTUS REUS
i. Actus Reus is the physical act – a bodily movement. It must be a voluntary act or a failure by DF
to act when he had a legal duty to act.
ii. An omission as an “act” requires:
1. (1) A specific legal duty to act
2. (2) DF knew of the facts giving rise to the duty to act, and
3. (3) It is reasonably possible to perform the duty.

B. MENS REA
i. Mens Rea is the mental state that the DF must possess when committing a crime.
ii. Common Law States of Mind:
1. Specific Intent:
a. Δ has a specific intent
b. Required for solicitation, attempt, conspiracy, 1st degree premeditated murder,
assault, larceny/robbery, burglary, forgery, false pretenses, embezzlement
c. Opens up defenses of voluntary intoxication and unrsbl mistake of fact
2. General Intent:
a. Awareness of factors constituting the crime with knowledge of a high likelihood
that the circumstances will occur. Can infer intent from doing the crime
b. Required for battery, rape, kidnapping, or false imprisonment.
3. Malice:
a. Four types: 1) intent to kill 2) GBI 3) Reckless and 4) felony murder rule
b. Reckless disregard of an obvious or high risk that the particular harmful result
will occur.
c. Required for common law murder and arson.
4. Strict Liability:
a. Does not require awareness of all of the factors constituting the crime – DF can
be found guilty by the mere fact that DF committed the act.
b. Available for statutory rape, selling liquor to minors, and bigamy (some jdx).
iii. MPC Fault Standards:
1. Purposely
a. A person acts purposely when his conscious object is to engage in certain
conduct or cause a certain result.
2. Knowingly
a. A person acts knowingly when he is aware that conduct is of a particular nature
or knows that conduct will necessarily or very likely cause a particular result.
3. Recklessly
a. A person acts recklessly when he knows of a substantial and unjustifiable risk
and consciously disregards it.
4. Negligently
a. A person acts negligently when he fails to be aware of a substantial and
unjustifiable risk, where such failure is a substantial deviation from the
standard of care.
iv. Doctrine of Transferred Intent - If intent to harm one person causes a second person to be hurt
instead, the intent to harm transfers to the second person
1. Always 2 crimes w/ transferred intent hypos - murder of 1 + attempt murder of another

C. CONCURRENCE b/w ACTUS REUS & MENS REA

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i. The Δ must have had the intent necessary for the crime at the time he committed the act
constituting the crime, and the intent must have actuated the act.

D. CAUSATION
i. Some crimes require causation – homicide – actual/proximate.

II. Accomplice Liability

A. PARTIES
i. Principle
1. One who, with the intent to commit the crime, commits the crime or causes an innocent
agent to commit the crime.
ii. Accomplice
1. One who, with the intent the crime be committed, aids, counsels, encourages the
principal.
a. Silent approval is NOT sufficient. Mere presence is NOT enough. Mere
knowledge that a crime will result is NOT enough.
2. Liable for the crime committed by the principal that the accomplice encouraged, AND
any other crime committed in the course of committing the encouraged crime that was
foreseeable.
iii. Accessory After the Fact
1. One who, with the intent to help a felon escape or avoid arrest or trial, receives,
relieves, or assists a known felon after the felony has been completed.
2. NOT liable for crimes principal committed, but instead liable for separate crime of
“obstructing justice.”

B. DEFENSES
i. Withdrawal
1. A person who effectively withdraws from a crime before it is committed cannot be held
guilty as an accomplice. Withdrawal must occur before the crime becomes
unstoppable.
a. (1) Repudiation is sufficient withdrawal for mere encouragement
b. (2) Attempt to Neutralize assistance is required if participation went beyond
mere encouragement (IE: retrieving a gun given) – must do everything possible
to neutralize.
i. Minority of JDX require notifying authorities.

III. Inchoate Crimes

A. ATTEMPT
i. Attempt is an act, done with intent to commit a crime, that falls short of completing the crime.
1. Specific Intent: Δ must have the specific intent to commit the crime.
2. Act of perpetration: Δ must do more than merely prepare to commit the crime; the
defendant must take substantial step toward its commission or come dangerously close
to completing the intending crime.
ii. Defenses:
1. Merger: Attempt merges into the target crime so a defendant who actually commits the
intended crime cannot be convicted and punished for both attempt and intended crime
2. Factual Impossibility: Exists when the acts Δ intended to commit would be a crime, if
the facts were as Δ believed them to be. NOT A GOOD DEFENSE.
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a. (Δ intended to commit crime but circs made it impossible)

3. Legal Impossibility: Exists when the acts that defendant intends to commit are not a
crime in the jurisdiction. A GOOD DEFENSE.
4. Abandonment – not a defense at common law. MPC approach allows abandonment as
a defense if fully voluntary and complete.

B. SOLICITATION
i. Inciting, counseling, advising, urging, or commanding another to commit a crime, with the
intent that the person solicited commit the crime.
1. If the party solicited actually commits the requested crime, the solicitor will also be
liable for the crime, but cannot be liable for both the crime AND solicitation.
2. If solicited party agrees, the solicitation merges into conspiracy
3. If the party refuses to commit the crime, it is no defense to the solicitor.
ii. Crime is committed/ends as soon as the Q is asked; acceptance not required

C. CONSPIRACY
i. A conspiracy requires:
1. (1) an agreement between two or more persons (express or implied by conduct)
2. (2) an intent to enter into an agreement for an unlawful objective, and
3. (3) an intent by at least two persons to achieve the objective of the agreement.
4. (4) A majority of states require an overt act in furtherance of the conspiracy, but mere
preparation will usually suffice.
a. Intent of Two or More Persons:
i. Traditional (MAJORITY) Approach – Bilateral Approach: both (or all)
conspirators must have the genuine criminal intent (no conspiracy with
undercover officer).
ii. Modern Trend (MINORITY) – Unilateral Approach: only one party is
required to have the genuine criminal intent (thus, can have conspiracy
with undercover officer).
iii. Wharton’s Rule: If the target crime requires two parties (e.g., dueling),
then there is no conspiracy unless there are three or more parties. (For
conspiracy, you always need one more party than is required to commit
the unlawful objective).
ii. Liability:
1. All conspirators are liable for crimes committed by any co-conspirator that are
a. (1) foreseeable and
b. (2) in furtherance of the conspiracy.
iii. Defenses:
1. Withdrawal
a. Withdrawal occurs when DF timely communicates to all other co-conspirators
that DF is no longer a participant in the conspiracy, before the target crime
occurs. It is only effective for the target crime, not the actual conspiracy.
Conspirator is still liable for conspiracy, just not the target crime or any other
subsequent crimes.
i. MINORITY RULE: if the withdrawing conspirator goes to the police in
time to permit the police to stop the target crime, the conspirator will
not be liable for conspiracy OR the target crime (a total defense).
2. Factual impossibility is not a valid defense.
3. Merger: there is no merger. Conspiracy is a separate offense – and a conspirator can
be charged with all completed crimes AND conspiracy separately.

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IV. Common Law Crimes

A. CRIMES AGAINST THE PERSON
i. HOMICIDE
1. Homicide is the killing of another human being caused by the DF, split into three
categories (murder, voluntary manslaughter, and involuntary manslaughter).

2. CAUSATION:
a. Δ's conduct (act or omission) must be the factual and proximate cause of the
death.
b. Factual Cause – “But-For”
c. Proximate Cause = Foreseeable
i. Death must be a foreseeable result of the act or omission
1. (intervening third party negligence is foreseeable)
ii. An act that hastens an inevitable result is still the legal cause.

3. MURDER
a. Murder is the unlawful killing of a human being with malice aforethought,
which is present if Δ has one of the following states of mind: 4 types malice
i. (1) intent to kill (by words or with a use of a deadly weapon in a deadly
manner),
ii. (2) intent to inflict great bodily injury,
iii. (3) reckless indifference to an unjustifiably high risk to human life
(depraved heart), or
iv. (4) felony murder rule (homicide committed during the commission of
an inherently dangerous felony).
1. Applies from inherently dangerous felony until the felon
reaches a place of temporary safety.
2. Felonies: BARRK (burglary, arson, rape, robbery, kidnap)
a. Minority of states include non-dangerous felonies
committed in a dangerous manner
3. Felony must be independent from the act that caused death
4. Must intend to commit the underlying felony – a defense to the
felony is also a defense to the felony murder charge
5. Death must be foreseeable result of felony
6. Vicarious liability: all felons are liable for the death caused by a
co-felon. No liability for death of a co-felon if death caused by
resistance of vx or cops
b. First Degree
i. Murder is in the first degree typically is by statutory per state, usually
during the commission of an inherently dangerous felony under the
felony murder rule. Under the common law if the murder is both
premeditated and deliberate, and.
1. Premeditated = Δ had time to think about killing before doing
so (even for a brief few seconds)
2. Deliberate = Δ acted in a calm and cool frame of mind.
c. Second Degree
i. Second degree murder is typically any murder that does not qualify as
first degree murder or by state statute.
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4. VOLUNTARY MANSLAUGHTER
a. A killing that would be murder but for the existence of adequate provocation,
which is adequate if:
i. (1) The provocation would arouse sudden and intense passion in an
ordinary person, causing to lose self-control (IE: threat of deadly force,
or finding spouse in bed);
ii. (2) Δ was in fact provoked;
iii. (3) There was not sufficient time between the provocation and the
killing for a reasonable person to cool off;
iv. (4) Δ in fact did not cool off.
b. Imperfect Self-Defense:
i. Some states allow this defense – where murder can also be brought
down to voluntary manslaughter if DF makes an honest, but
unreasonable mistake that deadly force was necessary.

5. INVOLUNTARY MANSLAUGHTER
a. A homicide committed without malice under one of the following:
i. (1) intent to inflict slight bodily injury
ii. (2) criminal negligence
1. Conduct that is a “gross deviation” from an ordinary standard of
care of a reasonable person.
iii. (3) misdemeanor-manslaughter rule
1. DF kills while committing a non-inherently dangerous felony
(felony not sufficient for felony murder) or a malum in se crime
(inherently dangerous – battery, larceny, public intox,
possession of drugs).

ii. ASSAULT
1. Two types of criminal assault:
a. (1) an attempt to commit a battery (harmful/offensive contact), or
b. (2) the intentional creation – other than by mere words – of a reasonable
apprehension of imminent bodily harm.
2. Aggravated Assault is assault with a deadly/dangerous weapon OR w/ intent to rape or maim

iii. BATTERY
1. The unlawful application of force to the person of another resulting in either bodily
injury or an offensive touching. Direct or indirect contact.
2. Aggravated Battery: (1) with deadly weapon, (2) resulting in serious bodily harm, and (3)
of a child, woman, or police officer.

iv. FALSE IMPRISONMENT

1. Unlawful confinement of a person w/o his valid consent
a. No confinement if there are alternate routes/means of escape
b. No confinement if there's consent to the confinement

v. KIDNAPPING
1. The unlawful confinement of another person, which requires either movement or
concealment of the victim
2. Aggravated Kidnapping: (1) for ransom, (2) kidnapping to commit other crimes, (3) child
stealing.

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vi. RAPE
1. A common law, rape is the unlawful carnal knowledge of a woman by a man, not her
husband, without her consent. Modernly, it is a gender neutral “sexual assault” which
only requires the slightest penetration.
2. Lack of consent =
a. (1) intercourse by actual force, (2) intercourse by threats of great and
immediate bodily harm, (3) the victim is incapable of consenting due to
unconsciousness, intoxication, mental condition, or (4) victim is fraudulently
caused to believe that the act is not intercourse.
3. Statutory Rape - Carnal knowledge of a person under the age of consent
a. Strict liability crime - Vx's consent/mistake of facts = still a crime

vii. MAYHEM
1. Under the common law, mayhem required either dismemberment or disablement of a
body part. The modern trend is to abolish mayhem and treat it instead of a form of
aggravated battery.

B. CRIMES AGAINST PERSONAL PROPERTY

i. LARCENY
1. (1) trespassory (without consent)
2. (2) taking and carrying away (asportation – slightest movement is enough)
3. (3) of the personal property of another with possession (not ownership)
4. (4) with the intent to permanently deprive
a. Must exist at the time of the taking unless there's a continuing trespass
b. Intent exists if Δ abandon’s the vx's property creating a substantial risk of loss.
c. Intent does NOT exist if Δ intends to return property
5. Taking property in the belief that it is yours is NOT larceny
6. Larceny by Trick = larceny with vx's “apparent” consent where consent induced by
misrepresentation. Consent is to transfer of possession only (of title is false pretenses)

ii. EMBEZZLEMENT
1. (1) fraudulent (must have intend to defraud)
2. (2) conversion (dealing with property inconsistent with victim’s grant of possession)
3. (3) of the personal property
4. (4) of another
5. (5) by one in rightful possession (vx first gives prop to Δ & Δ later fraudulently converts)

iii. FALSE PRETENSES

1. (1) acquisition of title
2. (2) to personal property of another
3. (3) by a false representation of past or existing fact
4. (4) with the intent to defraud.

iv. RECEIVING STOLEN PROPERTY

1. (1) receiving possession and control
2. (2) of “stolen” personal property
3. (3) known to have been obtained in a manner constituting a criminal offense
4. (4) by another person
5. (5) with the intent to permanently deprive the owner of his interest in it.

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a. Possession need not be manual possession – can put it in a place to get it ready
to sell to a third person

v. MALICIOUS MISCHIEF
1. (1) The malicious
2. (2) destruction of or damage to
3. (3) the property of another.

C. CRIMES AGAINST PERSON AND PERSONAL PROPERTY

i. ROBBERY
1. (1) taking
2. (2) of the personal property
3. (3) from the other’s person or presence (purse or from immediate vicinity)
4. (4) by force or threats of immediate death or physical injury (no future harm; future=extortion)
5. (5) with the intent to permanently deprive

ii. EXTORTION
1. Common Law – extortion consists of the corrupt collection of an unlawful fee by an
officer under color of office.
2. Modernly – obtaining property by means of threats to do harm or to expose info.
a. Different from robbery b/c threats can be of future harm and the taking doesn’t
have to be in the presence of the victim.

D. CRIMES AGAINST REAL PROPERTY

i. BURGLARY
1. (1) trespassory (without consent)
2. (2) breaking (physical movement of door/window - need at least minimal force)
a. Moving door to get in/while inside, maid using key for nonintended purpose, etc
3. (3) and entering (some portion of the Δ’s body – or instrument used by DF)
4. (4) of a dwelling (C/L had to be structure for sleeping, today, all structures included)
5. (5) of another (structure must be in possession of another – ownership is irrelevant)
6. (6) at nighttime (modernly, this requirement has been abolished)
7. (7) with the intent to commit a felony therein (must exist at time of entry)

ii. ARSON
1. (1) the malicious (intentional or with reckless disregard of obvious risk)
2. (2) burning (at least a charring – some damage to structure; scorching not sufficient)
3. (3) of the dwelling (modernly, any structure)
4. (4) of another in rightful possession (no arson if own home, so no transferred intent either)

E. CRIMES AGAINST PUBLIC

i. FORGERY
1. (1) Making or altering
2. (2) a writing with apparent legal significance
3. (3) so that it is false
4. (4) with intent to defraud
ii. PERJURY - Intentional lying in regard to a material matter in a judicial proceeding (can suborn perjury)
iii. BRIBERY - C/L - Corrupt pmt/receipt of anything of value for official action
1. Modernly extends to nonpublic officials and extends to offering the bribe
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V. Defenses
A. SELF-DEFENSE
i. Nondeadly Force: Δ may use as much for reasonably necessary to protect against the imminent
use of unlawful force upon herself.
1. No duty to retreat.
ii. Deadly Force: Δ may use deadly force if (1) Δ is without fault, (2) confronted with “unlawful
force” and (3) is threatened with death or serious bodily harm.
1. No duty to retreat
2. Minority jdxs require retreat if safe to do so, unless Δ in his/her home, a police officer,
or victim of a rape or robbery (only apply if Q says you're in a retreat jdx)
iii. Δ as First Aggressor: If Δ is the aggressor, Δ cannot use force to defend unless:
1. (1) effectively withdraws and clearly communicates the withdrawal, or
2. (2) the victim escalates the minor fight into a deadly altercation.

B. DEFENSE OF OTHERS
i. Defendant can use deadly force if it is reasonable and necessary to defend another. This needs
to be a reasonable belief as well.
1. Majority = rsbl mistake is OK if it rsbly appears that the other has the right to use force.
2. Minority = reasonable mistake NOT PERMITTED; limited to what other person is actually
entitled to use—stand in the shoes of the person trying to defend

C. DEFENSE OF PROPERTY
i. Reasonable non-deadly force may be used. Deadly force is not allowed unless there is also the
threat of a violent felony or threat of serious harm.

D. INSANITY
i. There are four tests that can apply:
1. (1) M’Naghten Test (head)
a. Δ, as a result of mental disease or defect, (1) did not know the wrongfulness of
his act OR (2) could not understand the nature and quality of his acts.
b. The “Right from Wrong” test.
2. (2) Irresistible Impulse Test (body):
a. Δ, as a result of mental defect, was unable to control his conduct or conform his
conduct to the law.
b. The “uncontrollable impulse" test.
3. (3) MPC Test (both head and body):
a. Δ, as a result of a mental disease or defect, lacked the substantial capacity
either to (1) appreciate the wrongfulness of his conduct or (2) to conform his
conduct to the requirements of the law.
b. A combination of the above two tests.
4. (4) Durham Test (broad)
a. Δ is not guilty if his crime was the product of a mental disease or defect.
b. A simple “but-for” broad test.
ii. Δ has burden of proof – majority of JDX require preponderance of the evidence. Some states
require beyond reasonable doubt.

E. INTOXICATION

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i. Voluntary intoxication: Exists when the Δ voluntarily and knowingly consumes an intoxicating
substance. Voluntary intoxication is no defense to strict liability, general criminal intent or
malice crimes. Only defense to specific intent crimes. N/a if Δ formed intent before drinking
ii. Involuntary intoxication: Exists if Δ taking substance (1) voluntarily w/o knowledge of its nature,
(2) involuntarily under duress of another, or (3) pursuant to medical advice
1. Involuntary intoxication treated as mental illness & is a defense to all crimes if the
intoxication renders Δ “insane” under the applicable test.

F. MISTAKE
i. Mistake of Fact:
1. Reasonable mistake of fact: If Δ makes a reasonable mistake of fact or is ignorant of a
fact that negates the required mental state for the crime, Δ is not guilty of that crime.
a. Defense to malice or general intent crimes
2. Unreasonable mistake of Fact (Specific Intent): If the Δ is mistaken or ignorant of a fact,
but the mistake is unreasonable under the circumstances, then the mistake is a defense
only if the crime is a specific intent crime.
ii. Mistake of Law:
1. A mistake or ignorance of the law is no defense if charged with violation of that law,
unless the crime was not yet published by the legislature, or Δ reasonably relied on a
statute or judicial decision.

G. ENTRAPMENT
i. A defendant’s will not have liability for a crime if committed because Δ was entrapped by
government officials. To succeed, Δ must show:
1. (1) the criminal plan originated with the government, and
2. (2) Δ was not predisposed to commit the crime prior to the contact with the gvt.

H. AGE/INFANCY
i. Under age of 7: No criminal liability.
ii. Between 7 and 14: Rebuttable presumption of no criminal liability b/c child is unable to
understand wrongfulness of his acts.
iii. Over 14: Treated as an adult

I. DURESS (human threat)

i. A defendant’s criminal liability is excused if the crime is committed under the threat of
imminent death or great bodily harm to Δ or a third person
1. Exception: homicide.

J. NECESSITY (natural force threat)

i. No criminal liability if, as a result of pressure from natural forces, Δ rsbly believes conduct was
necessary to avoid a greater societal harm

K. CRIME PREVENTION
i. Nondeadly Force can be used by police officers if reasonably necessary to effectuate arrest.
Deadly force can be used by officer OR private citizen to prevent commission of dangerous
felony involving risk to human life – even with a reasonable mistake.

L. APPREHENSION/ARREST OF CRIMINAL:
i. A police officer or private person may use deadly force if reasonably necessary to
apprehend/arrest a dangerous felon.

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ii. A private person cannot make a mistake, even if rsbl, as to whether the person is actually guilty
of the felony, but a police officer may make such a mistake.

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VI. COMMONLY TESTED ON THE BAR

A. ACTUS REUS
i. Bodily movements that do not qualify for criminal liability
ii. Omission as an act - legal duty to act b/c
1. Voluntarily assumed duty then failed to adequately perform it
2. Where your conduct created the peril
B. MENS REA
i. Statutes requiring interpretation that are S/L statutes
1. If crime is in the administrative, regulatory, or morality area and there aren't any
adverbs such as "Knowingly," "Willfully," or "Intentionally" then the statute is meant to
be a S/L statute
2. Rape and Battery are the two most commonly tested S/L crimes
C. HOMICIDE (tested a lot)
D. INCHOATE CRIMES
i. Attempt (tested a lot on MBE)
ii. Solicitation
iii. Conspiracy (tested a lot)
E. PROPERTY CRIMES
i. Larceny
ii. Embezzlement
iii. Robberty
iv. False pretenses v larceny by trick (tested a lot on MBE)
1. False pretenses = vx intended to give thief title
2. Larceny by trick = vx intended to give thief possession
v. Burglary
F. DEFENSES
i. Self defense
ii. Defense of property (spring traps)
iii. Insanity
iv. Intoxication
1. Voluntary intox as defense to specific intent crimes
v. Mistake of fact (don't confuse w/ factual impossibility)
1. Strict liability = not a defense
2. Malice/General intent = mistake must be rsbl
3. Specific intent = valid whether mistake rsbl or not
G. TRICKS
i. Self defense Qs - hypo includes language re ability to retreat but not told we're in retreat jdx
ii. Entrapment - if there's undercover officers, think entrapment
iii. Burglary - no burglary if person comes in through wide open door
iv. Larceny - no intent at first but occurs later through continuing trespass
v. Intent answers are usually better than causation answers
vi. On essays there will almost always be some defense in play
vii. Trigger words giving rise to issues:
1. Trapped/confined = testing false imprisonment
2. Touched = testing battery
3. Fearful of another's actions = testing assault

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