CRIMINAL LAW FINAL OUTLINE

I. Actus Reus
*CL = At least one voluntary act
*MPC = At least one voluntary act
- Lists involuntary, read out voluntary acts (habit, hypnosis, sleepwalking,
epilepsy)
- Justification: need at least one act, otherwise no deterrence
- Omissions - Duty to act, but dont
*CL Duties:
a. Contract
b. Voluntary assumption of care/seclusion
c. Status relationship
d. Statutory duty
e. Creation of Peril
*MPC Requirements:
a. If omission is specified in the law
b. Legally required to act (under CL duties)

II.

Mens Rea

*CL = Default: Minimum of recklessness

*MPC- If no MR is stated, minimum recklessness for each element
- If MR is stated, that MR applies to every element
1. Purpose= It is his conscious object to engage in conduct of that nature
or to cause

such a result; and if the element involves the attendant

circumstances, he
is aware of the existence of such circumstances or he
believes or hopes
that they exist.
2.

Knowingly
a. CL = Deliberate ignorance = positive knowledge
b. MPC = satisfied if high probability of existence If the
element involves
the nature of his conduct or the attendant circumstances,
he is aware
that his conduct is of that nature or that such
circumstances exist;
and if the element involves a result of his conduct, he is
aware that it
is practically certain that his conduct will cause such a
result.

Reckless
Negligent
*MPC Analysis- How to determine MR required for conviction:
1. Determine material elements of an offense
3.
4.

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2. Determine which type of MR is required with respect to each element

III.

Mistake of Fact
1. Under both *CL and *MPC, not a defense SL
2. Can be a defense if it negates the Mens Rea

IV.

Strict Liability
1. Under both *CL and *MPC, SL for Public Welfare/Regulatory offenses
2. No SL for crimes that come with high punishment (ex. Murder) because,
MR requirement should fit the crime.
3. But for offenses that include bad drugs or anything that involves youths
SL
4. SL for Causation= But-for and PC; actual result needs to be probable
result

V.

Mistake of Law

*CL MOL not a defense

*MPC 4 exceptions to rule that MOL is not defense:
i.Based on official statement by person acting in official capacity (Police
Officer)
ii.
Mistake of different law which negates MR of this law
iii.
Mistake of same law which negates required MR (Ex: Tax or
environmental laws)
iv.
Mistake of existence of law if law outlaws passive/innocent
conduct or if the law is not yet published or made known.

VI.

Rape

a. Actus Reus
i.CL Elements:
a. Engaged in sexual intercourse AR
b. By force or threat of force AC
i. Shows no consent
ii.
Now includes emotional, psychological, moral,
intellectual
c. (Against the will) and without consent AC
i. Silence? Failure to resist? Coercion? Consent given
affirmatively doesnt necessarily mean it was given
freely.
d. (Some states require resistance)
i. Non-resistance excused when fear is reasonable
ii.
MPC Elements:
a. Compels to submit by force, threat, SBI, extreme pain, kidnapping,
b. Impaired power/control by intoxicating w/o knowledge
c. Female is unconscious
d. Less than 10 years old
*MPC: Differentiates degrees of the crime not based on MR, but on:

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a. Serious bodily injury

b. Involuntary, not previous partners (previous = 2nd degree)
b. Mens Rea
i.CL: Minimum for Consent= Negligence - would a reasonable person
think there was
consent in the situation? Unreasonable MOF is not defense SL
ii.
CL: Force = Might establish non consent SL

VII. Homicide = Requires at least gross negligence High likelihood, substantial,

unjustifiable harm
*CL Individual capabilities assessed, not personal peculiarities
*MPC Rejects individualized standards
A. Murder = Malice aforethought
*CL = Gross Recklessness
*MPC = Gross Recklessness committed with extreme indifference to life
1. Intent to Kill
a. Premeditation
b. *CL = Divides degrees by premeditation
i. Intentional and Instantaneous
ii. Intention and Time to Reflect
c. *MPC = Doesnt separate into degrees, rejects premeditation
Murder = P or K
2. Gross Reckless: Implied Malice
*CL = Awareness of high gravity, lower justification, reasonable
anticipation of death
- Awareness is inferred from conduct thats a gross deviation from
the standard of care (**being drunk isnt an excuse for lack of
awareness**)
- Ex: Russian roulette
*MPC = Extreme indifference to the value of human life
3. Felony Murder: Death ensues as result of other felony that is inherently
dangerous
a. Inherently Dangerous
ii.
Abstract, actual crime on its own; b/c always
dangerous when death ensues
iii.
As committed, because foreseeable
iv.
As committed, high probability of death
ensuing
b. Must have intent/purpose for original felony
*CL SL for killing
- If natural and probable result of act OR foreseeable
*MPC Rebuttable Presumption assumes Gross Recklessness
- Places burden of proof on D
c. Merger Doctrine
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- Burton Test = Independent felonious purpose (burglary)

Doesnt merge and is predicate for
FM.
- Ireland Test = Included in fact (assault with deadly
weapon)
Merges
d. In furtherance
- After felony ended escape counts
- By a co-felon, not in furtherance
- Killings by non-felons:
Ex: Group of men come to rob store, owner of the
store kills one of them and another one shoots the
store-owner. Other felons are liable for those
deaths.
Agency Theory = Foreseeable, in furtherance,
accomplice Limits FM
Proximate Cause = Direct foreseeable result
Doesnt limit FM

B. Manslaughter No Malice Aforethought

*CL Gross Negligence
*MPC - Recklessness = Conscious disregard of substantial and
unjustifiable risk of death
1. Voluntary = Intent to Kill with Provocation/EED; Mitigates murder to
manslaughter
a. *CL = Provocation Defense; Heat of passion - negates malice
aforethought
b. *CL = Reasonableness; provocation mitigates: (Words are
not enough)
- Extreme assault or battery
- Illegal arrest
- Injury to close relative
- Sudden discovery of spouse in act of adultery
c. *CL: Cooling Time = allowing too much time to lapse
between the
provocation and act may render provocation
ineffective
d. *MPC = Reasonableness (Jury decides); determined from view
of person in
actors situation under circumstances as he
believes them to be
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and which has an objectively reasonable

explanation or excuse.
i. Individualize if increases gravity of situation
ii. Very broad, unpopular
iii. Cultural/moral defenses generally not accepted
iv. Handicaps generally accepted
e. EED is distinct from the heat of passion because a
spontaneous response
isnt necessary.
2. Involuntary - Unintended
*CL = Substantial likelihood that significant and unjustifiable harm will
occur;
conduct = direct cause; **dont have to prove awareness of
risk**
3. Involuntary-Misdemeanor/Manslaughter = In commission of unlawful act
thats not a felony; not even ordinary negligence. (Very unpopular; only
adopted in a few jurisdictions).
C. Negligent Homicide
* MPC Lower punishment when not grossly negligent

VIII. Causation
* CL
iii.
Factual/ But for AND
iv.
Proximate Cause (sufficiently direct cause of death)
1. Test: Reasonably Foreseeable (both must be proven BRD)
2. Ds Act must:
a. Put P in vulnerable position AND
b. Continue to operate to make escape impossible
* MPC
i. Doctrine of Transferred Intent = If you kill someone other than target,
but had
blameworthy MR, then guilty of killing regardless of foreseeability.
A. Subsequent Human Actions
*CL - Voluntary human action breaks the chain, regardless of
foreseeability
(diff btwn leaving pills on side table for wife and actually administering
drugs)
*MPC Guilty if purposely causes anothers suicide by force, duress or
deception.
B. Irresponsible Actor
*CL: Bishop Test:
i. P was irresponsible
ii. D caused irresponsibility
iii. Irresponsibility was natural result of act
**Omission where had duty to act (seclusion)**
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*MPC
i. But for
ii. Foreseeability (Gross Recklessness/Negligence)
- Was the harm within the scope of risk that actor was or
should have been
aware of?
* Choice If V voluntarily assume the risk, no superseding intervening
actor*

IX. Attempt
A. Mens Rea (According to CL and MPC)
1. AR = Purpose (Every attempt requires specific attempt to
commit the target
crime even if the crime doesnt require intent for
its commission).
a. Unequivocal Intent Standard=Need act which shows
clear intent BRD
b. Unequivocal Act Standard=Act must speak for itself,
show on face,
unambiguous
c. Last Step Test Universally rejected
d. *CL - Dangerous Proximity - Physically proximate
e. *MPC Substantial Step Test
a. Prove Purpose (MR)
b. Prove AR (substantial step)
c. Prove step corroborates intent
2. R = Purpose (*MPC: may require knowledge)
3. AC = Parity principle
4. *CL - Locus Penitentiae = Opportunity to repent, change your
mind
5. *MPC Abandonment = Voluntarily and completely renunciate
criminal purpose
B. Impossibility
1. Factual Impossibility Not a defense
When the Ds intended end constitutes a crime, but he fails to
consummate the crime because of a factual circumstance unknown
to him or beyond his control
Ex: Pick-pocketing empty pocket
2. Legal Impossibility Defense
Criminal law doesnt prohibit Ds conduct, nor result he sought to
achieve
Ex: Alcohol seller, Prohibition was repealed, he didnt know

3.
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Hybrid Legal Impossibility: Subset of factual, with legal

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X. Complicity

significance
Ds goal is illegal, but the commission of the offense is impossible
due to a factual mistake regarding the legal status of some factor
relevant to criminality of Ds conduct.
*CL = Defense
*MPC = Not a defense
a. Mitigation = If attempt, solicitation or conspiracy is
particularly unlikely to result, can allow for mitigation of
lesser penalty

A. Accomplice Liability
Principal Actually engages in conduct
Accomplice Derivative Liability, Guilty of same thing as Principle; diff in
sentencing
1. Mens Rea for Accomplice
a. Actus Reus:
- Purpose that principle commit the act (Knowledge for some
major crimes)
- Intend to assist principle in act
i. Causation not necessary (doesnt have to cause
Ps act)
ii. *CL No liability for attempt if didnt in fact aid
iii. *MPC Liability for every attempt
1. Omissions
a. *MPC Can be accomplice if had legal
duty to aid and fails with Purpose of
facilitating/promoting crime
b. Attendant Circumstances
*CL = Ambiguous, may need Knowledge if materially affect
crim. character
*MPC = Silent, leave issue to courts
c. Result= Parity Principle; same as whatever the accomplice means
2. Mens Rea for Principal
a. *CL Actus Reus = Purpose
- Knowledge may be enough for a serious crime
- Natural and Probable Consequences Test = Negligence
Put chain of events in motion, should have known it would
happen, foreseeable
- Similar to FM, but no limitations
- Controversial, but adopted in many jurisdictions
b. Attendant Circumstances = Ambiguous
c. Result = Parity
3. Abandonment Principle = Terminate and warn police or make other effort
to prevent
commission of the offense
4. Criminal Facilitation Misdemeanor; lesser crime, only need Knowledge
or maybe
Recklessness to aid without purpose.
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5. Comparative Liability= Cant convict accomplice if you dont have a guilty

principle
- Dont have try him, but must have culpable mental state
*MPC Even if no guilty principal, can still be guilty of attempt (no
longer parity)

XI. Conspiracy
a. Agreement
d. *CL = Allows for conviction of 2 separate crimes
e. *MPC = Usually bars double punishment but if conspiracy involves
multiple object crimes, can be convicted of murder and conspiracy
to commit broader range of crimes.
A. Mens Rea
1. Intend to agree
*CL and *MPC require Purpose
2. Intend for crime
*CL and *MPC Purpose (*CL maybe knowledge for serious crimes)
- Stake in the venture
- Provided goods/services which have no lawful use
- Volume is grossly disproportionate to legit demand
- Sales for illegal use is high proportion of business
B. Actus Reus
1. Overt Act Requirement = any act by anyone, can be trivial
*CL = No act required at all, agreement is the act
- Express not necessary, tacit enough
- Parallel complementary (beneficial) action
*MPC = Overt Act, except for the most serious crimes
C. Accessorial Liability under Conspiracy
1. Pinkerton LiabilityFirst establish agreement then:
a. Act has to be within the scope of the conspiracy
b. Crime must be in furtherance of the conspiracy
c. Reasonably foreseeable as necessary consequence of
conspiracy
(If resulting crime was unintended, only liable if more than minor
role, or had actual Knowledge)
**If agreement + 3 elements, conspirator can be liable for acts of
co-conspirator**
2.

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Accessorial Liability broader than Accomplice Liability

-Accomplice Liability
a. AR Act
b. MR Purpose
- Pinkerton
a. AR - Just agreement
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b. MR Neg/foreseeable may be enough

XII. Exculpation
A. Justifications - Defendant responsible, but the act is not bad under the
circumstances
i. All center around necessity
ii. Can only defend yourself with deadly force if threat was made
with deadly force

1. Self Defense
*CL Elements:
i. Actual/Apparent threat of force
ii. Threat has to be unlawful
iii. Imminent Threat
iv. Subjective Belief that response is necessary
v. Belief has to be objectively reasonable
*MPC Elements:
i. Leaves out objectively reasonable
ii. If belief that force was necessary was made Negligently or
Recklessly,
then self-defense is not an justification.
Retreat:
*CL Must retreat if possible to do so safely (b/c no longer
necessary)
No retreat from you own home, unless aggressor lives
with you
(Not the law in all jurisdictions)
*MPC No self-defense for initial aggressor (b/c no longer
necessary)
B. Excuses - Conduct is bad, but defendant is not responsible under the
circumstances
1. Duress
i. Coercion by threat of force
ii. Imminent and unlawful
iii. Reasonable person would not have been able to resist the threat
*CL = Duress is not an excuse for homicide
*MPC: Duress may be an excuse for homicide if youre killing one to save many
*MPC: Duress is not an excuse if Negligently/Recklessly put yourself in a situation
where youd
probably be under duress.

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