Criminal Law

Dudley v. Stevens
Necessity (extreme hunger) does not
justify murder. Starving sailors eat the
flesh of one of their own.
Lawrence v. Texas
A law classifying homosexual intercourse
as illegal sodomy violated the privacy and
liberty of adults to engage in private
intimate conduct under the 14th
amendment. Two men arrested after found
to be engaged in sodomy.
Commonwealth v. Mochan
Court can uphold a conviction for
misdemeanor based only in common law.
An act that outrageous decency and
injurious to public morals is a
misdemeanor under common law. An
arrest made for making very indecent
phone calls.
United States v. Bergman
Reputation and age may be taken into
account, but court will still punish for
general deterrence and to not depreciate
the seriousness of crime. A good man in
his old age committed Medicare fraud.
Martin v. State
Convictions require a voluntary act.
Drunken man arrested and taken by police
to a highway where he was arrested for
public drunkenness.
People v. Newton
Unconsciousness is an allowed defense to
homicide. Newtons shot in stomach and
supposedly became unconscious and then
killed a police officer.
Jones v. United States
Omission of a duty owed to another may
be liable for homicide. Critical issues of
fact must be passed on to the jury.
Defendant failed to take care of a 10
month illegitimate baby who died.

Led to questions of why punish? 1) Retribution

2)Deterrence 3) Rehabilitation 4) Incapacitation
2+3+4 = utilitarian, forward looking, 3 =
humanitarian, 1 = back looking
-Morals have changed, justices said in the past they
got it wrong, not always simple what morality is
-The defendants in the case had an interracial
relationship
-Over criminalization: If laws are too broad, then
there is potential for discriminatory enforcement
-People can engender disrespect for the law
-Resources are diverted
Legality: vague/ambiguous common law crimes
transfer law making ability from legislature to
judiciary, separation of powers issue
-Nowadays, we followed the dissent, only legislature
makes criminal law
-Need concepts of notice, consistency, and fairness

Voluntary is required because that is part of the

purpose of punishment

Main issue was that jury did not get to decide the
unconsciousness issue.
Cogdon case woman acquitted after axing her
daughter to death when asleep.
Decina case woman liable for knowing and not
taking epilepsy pills, leading to an epileptic attack
and crashing
-Policy: We have a right to personal freedom, but
also the freedom to waive that freedom and assume a
duty.

Pope v. State
Moral duty w/o legal duty to act precludes
liability. Pope watched as a mother abused
the mothers child (both living with her),
leading to their death.
Barber v. Superior Court
Euthanasia is an omission (of treatment)
and not liable for murder. A doctor has no
legal duty to continue futile life support.
Family asked doctors to take patient in
vegetative state off life support.
Regina v. Cunningham
Redefining, malice requires 1) intent to do
the particular kind of harm or 2)
recklessness despite forseeability of harm.
Appellant stole a gas meter, releasing
noxious gas and endangering his future
mother-in-law.
State v. Hazelwood
Negligence is when one fails to perceive
an unjustifiable risk that a result will
occur. Criminal negligence requires
greater risk, and you dont need to be
aware of the risk. Conviction reinstated;
captain (was drunk) ran ship into reef and
spilled oil.
United States v. Jewell
Willful blindness is not an excuse (for not
looking in a known compartment
regarding possession). Knowledge
established if aware of a high probability
of existence. Defendant was convicted of
knowingly transporting marijuana in a car
from Mexico to the US.
Regina v. Prince
No statement of mens rea in a statute can
be strict liability (instead of recklessly).
Some acts are wrong and forbidden in
itself. Defendant a girl under 16 from her
father and claimed he didnt know the
age.

Misprison of felony is an old common law statute,

and that criminal law should be made by the
legislature.
People v. Beardsley No legal duty to help a
mistress who overdosed on pills.

-malicious = reckless
-unlawful = theres no defense
Regina v. Faulkner Conviction quashed; a sailor
stealing run from ship but burned the entire ship. He
could not be guilty of acting maliciously (recklessly)
unless he considered the risk of a fire and
disregarded it.
-culpability how criminally responsible, is tied to
your mental state
-Applied only ordinary negligence (not criminal),
since criminal punishment should be imposed only
when conduct is something society can deter
Santillanes v. New Mexico defendant cut 7 year
old nephews neck. Applied criminal negligence.

-Willful blindness ostrich defense

-High suspicion + intentionally avoid = knowingly (a
legal fiction)
Purposely w/ intent to
Purposely/Knowingly Specific Intent
Recklessly General Intent
Motive the why
AR (taking) + MR (knowingly) + Circumstance [1)
unmarried, 2) w/o dads consent, and 3) under age
16]
-Did not know 3), but knew 1) + 2), but 1) + 2)
argued not inherently wrong (in 1875)
-1) + 2) = material, 3) = jurisdictional
-Case is mistake of fact, if its a material element
(something you need to know) and you dont know
it, you are not guilty
-What you need to know is what makes your conduct

wrong
-If its jurisdictional element, we dont care
United States v. Feola
AR (assault) + MR (knowledge) + Circumstance [1)
Knowledge of victims official identity
person 2) federal officer], crime to knowingly assault
must be proved to convict on conspiracy
fed. officer
to assault officers. Defendants tried a
-To see if it is a material element, in this order, look
narcotics rip off and charged with
at 1) language of statute 2) legislature intent 3)
conspiring to assault and assaulting
policy (to provide maximum protection, or conduct
federal officers.
was wrong)
-Policy (from dissent) different crimes should have
different punishments, if they are punished different
then they should know of it and can be deterred
-Jurisdictional = prosecutor does not have to prove
defendant knew it
Morissette v. United States
Jurisdictional vs. Strict liability
Defendant must have knowledge of the
-Argued didnt need to know it was government
facts that made conversion wrongful.
property strict liability part
Strict liability does not apply where the
-General rule crimes require mens rea
offense is not a public welfare offense.
-Exceptions strict liability (S/L)
Mere mission of mens rea from statute
-For S/L, you look at 1) statutory language 2) legal
does not make it strict liability (general
history
presumption is against it), it doesnt mean -S/L crime indicia public welfare (health &
anything. Junk convicted of taking bomb
welfare, highly regulated areas, small penalties, not
casing and argued he did not know it
like common law crimes (mala prohibitum), high
belonged to government.
volume
-Criticism making criminals out of regulatory
crimes
Staples v. United States
-charged with possession of unregistered firearm
If a statute doesn't mention a mens rea
-government argued it was a strict liability crime for
requirement, the Court must infer intent of unregistered
legislature and can impute a mens rea.
-argued S/L here can overdeter
Strict liability is generally reserved for
-defense to S/L, S/L can knock out mens rea, but you
crimes with light punishments (not the 10 can argue actus reas
years imprisonment here). Defendant
-MPC rejects S/L because its all about culpability
possessed unregistered firearm, claimed
and mens rea
he did not know it was automatic.
State v. Guminga
Criminal penalties of imprisonment under
vicariously liability violate due process,
but may be liable to fines/suspensions.
Strict liability carried too heavy of a
penalty for this conviction. Waitress
delivered alcoholic beverages to minors
and employer was charged.
State v. Baker
Defendant argues despite strict liability

(no mens rea needed) on speeding he had

no actus reus due to cruise control
malfunction. In placing the cruise control
to the "on" position, defendant had an
actus reus. Defendant was convicted of
speeding, but his cruise control was stuck
in the accelerate position.
US v. Central District of CA (Kantor)
Reasonable mistake of fact should be
allowed as a defense in strict liability due
to 1st amendment and policy reasons.
Congress is analyzed to have preferred the
law of no minors in sexually explicit
visuals to allow a reasonable mistake
defense. Three people are convicted of
making a porno with a minor (Traci
Lords).

-Court finds middle ground here

-Defendants argue S/L here would violate 1st
amendment rights
-Prosecutors said statute language + legislature intent
said it should be S/L
-Based on statute language, legis. Intent, and policy
it is S/L, but result seems unfair, called it counter
intuitive
-Defense has burden of good faith, but still S/L
-court was bothered by how statute disturbed 1st
amendment, and 10 year punishment
People v. Marrero
-general rule: mistake of law = not defense, policy
Mistake of law is not a defense even if
reason (would open floodgates, legal chaos,
one acts in reasonable reliance upon an
exceptions swallow rule, laws based on societys
official statement of the law. A federal
morals)
correction officer was arrested at a club
-cultural defense Generally are no defense, may be
for carrying an unregistered weapon
given sympathy in sentencing, mercy when
which he thought was allowed.
prosecutors decide who to prosecute
-in Gardner, misreading and found guilty
-in Weiss, negates material element of crime = not
guilty
-in Liparota, food stamp crime, knowing using it in
unauthorized manner, he needs to know it is
unauthorized by law, if not the mens rea is negated
-knowing transporting versus knowing
transportingthe defendant identifies, adds mens
rea to 2nd part
Cheek v. United States
Exceptions to mistake of law: 1) negates material
A mistake in law may be a valid defense if element 2) estoppel theories - no fair theories, right
it is reasonable and in good faith.
to rely on law established at the time, sort of ex post
Defendant convicted of not filing taxes
facto a) official mistake of law, b) judicial
and claimed he honestly believed he
decision, c) admin order, or d) official interpretation
didnt have to.
3) Lambert exception w/ a) no notice, b) for a
regulatory offense c) omission
-purposes of punishment dont work w/o notice
-an unreasonable but good faith belief can negate the
mens rea, just have to be honest, unreasonable may
affect credibility but prosecutors must prove mens
rea

Lambert v. California
Knowledge of a statute is generally
required to convict someone of a notice
offense (a passive act). Defendant, a felon,
was convicted of failing to register
pursuant to a California statute requiring
registration.
Homicide
Commonwealth v. Carroll
A brief space of time is immaterial if the
killing was in fact intentional, willful,
deliberate and premeditated.
Premeditation only requires defendant
acted deliberately or purposely. Defendant
pleaded guilty to the murder but he argued
he suffered a psychiatric disorder and
killed impulsively.

State v. Guthrie
There must be some length of time that
lapses between the intent to kill and the
actual murder. Defendant had psychiatric
problems and stabbed coworker after
coworker hit him in the nose (a sensitive
body part).
People v. Anderson
Premeditation and deliberation is required
for first degree murder, despite shocking
nature of the crime. A preconceived
design is required instead of an explosion
of violence for 1st degree murder.
Defendant stabbed (60 times) and killed a
10 year old girl many times as he chased
her around the house.
Girouard v. State

-if you know the law but disagree with it, does not
negate exception 1) negates mens rea
-willfully means knowingly in this case
-without authority/unauthorized, key indicator of
mistake of law exception 1) negating element of the
defense

-homicide is in common law (C/L) is unlawful

killing of another human being
-A.R. = kill, M.R. = ??? (it depends), Circum
Another human being
-Fetus = may be a human being, it depends,
legislatures decide
-in C/L:
-1st degree murder: premeditation (Carrol
purposely, Guthrie prior calc. or design, preexisting reflection, preconceived design)
-2nd degree murder: catch all - malice
-Voluntary manslaughter (VM) heat of passion,
provocation doctrine
-Involuntary manslaughter (IM) negligence
Premedication/preconceived evidence (California
standard): 1) planning, facts what was done prior to
killing, 2) motive, prior relationship and conduct w/
victim, and 3) manner of the killing
-in MPC:
Murder, Manslaughter, and Negligence Homicide

Provocation/Heat of Passion (HOP) requires

Verbal provocation alone is not enough to

mitigate a charge of murder to
manslaughter. Defendant stabbed his wife
19 times after his wife taunted him.

1) actual HOP (subjective)

2) legally adequate provocation (objective),
categories extreme assault/adultury
3) inadequate cooling time, this is related to 1)

Maher v. People
It is a question of fact (for the jury)
whether the defendant was provoked by
knowledge of an adulterous relationship
between his spouse and the victim. This
provocation may include anything that
causes ordinary men to act rashly.
Defendant, after learning that his wife was
having sexual intercourse with the victim,
walked into a saloon and non-fatally shot
the victim in the ear.

-Here HOP defines 2) as whether reasonable person

(RP) would have been provoked, contrary to the
categorical approach
-this gives jury discretionary power
Categorical (more objective) RP (middle),
Camplin EED (more subjective), Cassassa
-more subjective = greater chance defendant wins
-EED gives reasonable person emotional qualities
-RP gives them physical characteristics
(age/gender/size)
-defense wants subjective, prosecutor wants
objective
-Gounagias case instead of cooling, time can do
the opposite
-Approaches regarding non-provoking victims
-Mauricio you get to use HOP regarding nonprovoking victims, other jurisdictions get to say no,
and that person who provoked had it coming

People v. Cassassa
Extreme emotional distress (EED)
requires 1) act under the influence of EED
(subjective), and 2) a reasonable
explanation or excuse for the defendant's
EED (objective). Defendant stalked then
killed his ex-girlfriend and claimed
extreme emotional disturbance.
Commonwealth v. Welansky
A criminal (instead of civil) liability exists
for unintended homicide depends on 1) a
higher likelihood of harm, 2) risk of a
particularly serious harm, and 3) actual
awareness, or greater likelihood of
awareness, of that harm. A fire broke out
in the night club due to the lack of
available exits, a great number of people
died and owner found guilty of
involuntary manslaughter.

-RP look at physical characteristics

-EED (from MPC) allows to look at emotional
characteristics
-Many jurisdictions only prefer to keep physical
characteristics
-Much gray area regarding emotional/physical
(alcoholism, battered women syndrome, senility,
homosexuality, race)
-court says gross negligence and reckless is the same
-Court was bothered by: -easy prevention, owners
interest first, high chance of harm, type of danger
-Social utility of conduct vs. Magnitude of risk (not a
formula, an approach)
-Social utility benefit, cost of alternatives
-Magnitude high likelihood of harm, type of
danger was serious
Social Utility
Magnitude of Risk
-Benefit to society
-type of danger of harm
-Cost of alternatives
-likelihood of harm
-these factors use to help determine gross negligence

People v. Hall
Reckless manslaughter requires one to
recklessly cause death of another. One
must disregard a substantial and
unjustifiable risk. Specific facts of case
hold he was skiing too fast, creating a
substantial and unjustifiable risk.
Defendant flew off a knoll while skiing.
He collided with victim who died.

State v. Williams
Under Washington statute, crime
committed if death if proximate result of
only simple or ordinary negligence.
Ordinary negligence requires caution
exercised by a man of reasonable
prudence under similar conditions. Child
died after parents did not supply necessary
medical attention.
Commonwealth v. Malone
Malice there is an act intentionally done
by the defendant, in reckless and wanton
disregard of the consequences. So long as
the act itself was intentional, it is
irrelevant that the death of the victim was
unintended. If there is malice, one is liable
for murder. Defendant kills his friend
while playing russian roulette.
United States v. Fleming
A drunk driver can be convicted of
murder, even where there is a separate
vehicular manslaughter statute. Malice
may be established by reckless and
wonton conduct that is a gross deviation
from a reasonable standard of care.
Defendant was speeding and driving

-ask if it was substantial and unjustifiable risk

-ask if it is gross (ask the same question again)
-both criminal negligence and recklessness require
gross negligence
-if you use reckless, you still have to use substantial
and unjustifiable risk
-dangerous instrumentality doctrine use
dangerous instrument in negligent manner, it is
automatically involuntary manslaughter (car, knife,
fireworks, gun), does not apply to murder 2, only ti
involuntary manslaughter
-contributory negligence is not a defense, crime is
against society
-see that there are a lot of risky activities we do, but
is it an substantial and unjustifiable risk, and any
good reason (unjustifiable risk)
-didnt get to argue social utility, where there was a
reason for what they did
-pushing negligence to the limit
-this case is the exception, it shows dangerous of
purely objective standard
-he didnt realize the risk and he should have (step 1)
-substantial and unjustifiable risk (step 2)
Malice not wickedness or evil
-Intent to kill (not premeditated)
-Intent to cause GBH (grievous bodily harm)
-Gross recklessness (implied malice)
-magnitude of risk outweighs the social utility for
this game
-Are drunk driving cases murder 2 or involuntary
manslaughter
-defense argues hes so drunk he didnt realize the
risk, prosecution counters that he drove so crazily for
so long he must have realized the risk
-the drivers state of mind at the time of the crash is
argued, or stretch that mens rea has already been
formed

recklessly while drunk when he crashed.

Regina v. Sern
In common law, malice aforethought can
be defined as killing of another by an act
done with an intent to commit a felony, or
done with knowledge that act will
probably cause the death of some person.
Defendant burned down his house for
money, and his two sons died in the fire.
People v. Phillips
Only felonies as are in themselves
inherently dangerous to human life can
support the application of the felonymurder rule. Grand Theft (theft by
deception) is not inherently dangerous to
human life. An 8 year old child died after
a chiropractor failed to cure her eye
cancer since he deceived them to not go
through surgery and use his method
instead.
People v. Stewart
Whether a felony is inherently dangerous
to human life is a question of fact for the
jury. Defendant goes on a 2 to 3 day
cocaine binge, during which time her
child dies of dehydration due to negligent
care.
Hines v. State
A felony is inherently dangerous when it
is dangerous per se or by its circumstances
creates a foreseeable risk of death. A guy
mistook his friend for a turkey and shot
him dead.
People v. Burton
Felony murder can apply to crimes even if
the rule itself already requires a deadly
weapon. The felonious purpose is the key
factor to felony murder. Defendant killed
a person in the course of committing an
armed robbery.

-regarding being stoned/intoxicated, prior notice

whether defendant realized the risk
People v. Stamp Robber found strictly liable via
felony murder when the shopkeeper he robbed died
of a heart attack.
-Can argue felony murder is a bad luck doctrine
-MPC creates a presumption regarding felony
murder
-judge here wants to narrow the doctrine of felony
murder
-felony murder parallels misdemeanor-manslaughter
rule
Limitations: 1) inherently dangerous, since in those
the person did realize the risk
-prosecutor tries to name it cleverly as grand theft
medical fraud
-look at the inherently dangerous in the abstract or as
committed
-defense wants abstract that a felony can be
committed without anyone getting hurt, if you look
at it as committed since someone died
-all BARKRM are inherently dangerous even in the
abstract
Another limitation: What is the predicate felony?
-this court believes that a better approach is to
consider the facts and circumstances of the case
-in the abstract you need high likelihood it is
inherently dangerous
-felony as committed approach, this is really no
limitation at all
-Uses either in the abstract or as committed, either
standard can be applied, an objective view
-Lots of ways a felon can possess a firearm or hunt,
but court looks at this circumstances
-if you commit a manslaughter is that automatically
a murder, no we cant do that, cannot use
bootstrapping
-ex: underlying felony (conscious disregard of
childs life), already had to prove malice
-if felony is just part of the action of killing, it is not
an independent felony, just prove what the person
did

State v. Canola
A felon cannot be charged with felony
murder for the death of a co-felon, caused
by the act of one other than the felon
himself or those associated with him.
Defendant is charged with felony murder
when a co-felon was shot and killed by a
jewelry store owner during an armed
robbery

Tison v. Arizona
Major participation in the felony
committed along with reckless
indifference to human like satisfies the
Emmund culpability requirement (for the
death penalty). While trying to break a
relative in jail, defendants partners shot
down an innocent family that stopped to
help them when their car broke down.
People v. Acosta
Proximate cause looks at whether the
result highly extraordinary and
foreseeable. Defendant stole a car and
police chased him for over 40 miles. He
was accused of murder resulting from two
helicopters that collided during the chase.
People v. Arzon
Conduct doesnt have to be sole and
exclusive factor in the victim's death. One
is criminally liable if his conduct was a
sufficiently direct cause of the death.
Defendant set fire a building to prevent
druggies from using it. Fireman who tried
to rescue died but from a second fire that
appeared independently.
People v. Campbell
Suicide excludes homicide; giving a
person a gun to kill himself is not murder.

-felony was never meant for people who kill, but to

deter people from killing negligently
-does it merge? Depends on if theres another
purpose other than the killing
-FM limited to deaths during the course of the felony
and in furtherance of the felony (limits scope)
-During felony (time), planning or escape
-Whose acts is felony responsible for?
-Agency theory death caused by co-felons (not
guilty)
-Shield cases (proximate cause of felons acts), this
is the proximate cause theory, however this makes it
okay for non-felons to shoot
-court adopt the agency theory
-Wont apply FM to death of co-felon, his death was
justified, we want to protect the innocent, but life
matters even if hes a felon
-can get death penalty for felony murder if they have
a major participation in the felony committed and
reckless indifference to human life

Causation - Who do we want to hold responsible?

-transferred intent, if you have bad aim you are still
responsible
-MPC focuses on culpability, hold for lesser crime,
common law would hold for greater crime
Superseding intervening cause breaks chain,
dependant intervening cause does not
People v. Warner-Lambert gum company w/ dust
not held liable for explosion because lacking
sufficiently direct cause and for policy reasons, also
did not know what caused the explosion
-the deceased had free will and choice to kill himself
or not

The defendant must have the present

intention to kill to commit murder (hope
that another will suicide insufficient).
Defendant helped a man who slept with
his wife suicide by giving him guns and
ammo.
People v. Kevorkian
Merely providing the means with which a
person kills themselves is not enough.
Death must be a direct and natural result
of a defendant's act to hold him liable.
Doctor assisted two women in committing
suicide by providing the apparatus for
them.
Stephenson v. State
Defendants acts and conduct that
rendered deceased distracted and mentally
irresponsible combined with criminal
treatment, he may be found guilty of
murder for the suicide. Defendant
sexually assaulted a girl and took her back
to his home. She tried to suicide when
captured and died later from many causes.
Commonwealth v. Root
A conviction for manslaughter requires
conduct to be both reckless and a
sufficiently direct cause of the death of
another. Competitor died in the course of
a drag race.
State v. McFadden
Reckless and voluntary participation in a
drag race does not itself bar one from
being convicted of involuntary
manslaughter. Ordinary proximate cause
principles should be used to determine
causation in a criminal prosecution.
Defendants competitor crashed in a drag
race and killed third parties.
Commonwealth v. Atencio
Persons who participate in a game of
Russian roulette can be convicted of
manslaughter for the death of one of them.
Defendants played Russian roulette and
someone died.

-No proximate cause here due to the acts of the

victims
-victim had the free choice to kill himself

-victim was rendered irresponsible by the wound,

and lacked the will to choose, then defendant liable

Related additional perpetrators more than one

person can be the cause, who is guilty (if one person
stabs then second shoots in the head) depends on the
jurisdiction and how argued
- this case considered complimentary human
action
-rejected tort concept of proximate cause
-Difference between this case and Root, a 6 year old
died and someone has to be responsible

-could be found to be mutual encouragement in a

joint enterprise
-policy blame the defendants, they are playing
deadly games and need rehabilitation

Smallwood v. State
Attempted murder requires a specific
attempt to kill. Additional evidence is
required to support an intent to kill,
exposing rape victims to a risk of HIV
alone is insufficient. Defendant raped
several women. He was aware that he was
HIV positive and did not use a condom.

People v. Rizzo
In determining what acts constitute
attempt, the law considers acts so
immediately near to its accomplishment
that in all reasonable probability would
have led to the crime itself without
interference. Defendant was driving with
three accomplices looking for a guy with
$1,200 but didnt and was arrested for
attempted robbery.

Attempt: AR + MR No Result, an inchoate crime

-purposes of punishment apply to punishing attempt
-some jurisdictions punish the same attempt as the
crime, and some jurisdictions punish less (1/2 as the
crime), there are arguments for and against how to
punish attempt
-court says he required a mens rea of purposely, set
this high mens rea since no harm caused, want to be
sure theres culpability
-MPC 5.01(1)(b) adds a knowing plus, if you
believe people will die, it is close enough for attempt
-for jurisdictions that doesnt use the year and a
day rule, the attempts are punished the same as the
crime so it doesnt matter
-Though we cant get him for attempted murder, still
liable for rape, assault
-if you dont need to know it for the completed
crime, you dont need to know it for attempt
-there is generally no attempted felony
murder/misdeamnor manslaughter
Actus reus, how much do you have to do?
-difference between mere preparation and attempt
-approaches: 1st step (not used), last step (not used),
dangerous proximity (what have they done, and
whats still left), unequivocality test (res ispa
loquitur, merging intent and act), MPC 5.01(1),(2)
substantial step strongly corroborative of intent,
combining unequivocality and dangerous proximity
test,
-argue all 5 steps on exam
-MPC and dangerous proximity is the most prevalent
(and important) steps
-abandonment/renunciation not recognized in
common law (attempt didnt happen until the last
step, and if youve taken the last step there was no
turning back)
-but as actus reus is pushed back, MPC allows an
affirmative defense 1) voluntary (true change of
heart, not of fear or looking for better opportunity)
and 2) complete renunciation

McQuirter v. State
The jury must be satisfied beyond a
reasonable doubt that defendant intended
to have sexual intercourse. Social customs

and racial differences were allowed here.

A black man was convicted of an attempt
to commit an assault with intent to rape. A
white woman testified he was following
her but stopped once she went in a house.
United States v. Jackson
Attempt requires 1) act with same
culpability as the crime charged with
attempting, and 2) conduct that constitutes
a substantial step towards commission.
Defendants conspired to rob a bank and
one conspirator was captured and ratted
them out. Defendants were arrested on
their way to the bank.
People v. Jaffe
If a person intends to commit an act that
would not be a crime if complete, the
person cannot be convicted of an attempt
(impossibility doctrine). Defendant is
charged with attempting to receive stolen
goods but the goods were not stolen.
People v. Dlugash
One is guilty of attempt when engaging in
conduct to effect the commission of a
crime. Factual or legal impossibility is not
a defense if crime if the crime was
committed as such person believed them
to be. Defendant shot the victim in the
head. The victim was shot earlier in the
chest and might have been alive.
People v. Luparello
Intent to encourage or facilitate an offense
committed is not required for an
aider/abettor. Defendant not only guilty of
crimes encouraged, but those that may
foreseeably result. Defendant got a
married woman pregnant who left with
her husband. Defendant and his friends
planned to beat the husband up but his
friends killed the husband.
Wilcox v. Jeffery
When someone encourages another in the
commission of an illegal act, they satisfy
the actus reus of accomplice liability.

-Factual impossibility is not a defense, still guilty of

attempt
-Legal impossibility is a defense, and not guilty
-Called this case legal impossibility by the court, but
other courts have gone the other way, legally
impossible to complete the crime, not illegal to take
the goods
-Or fact is that the goods are not stolen
-This court calls it factual impossibility, this case
was a lot more dangerous than Jaffe
-Under MPC, impossibility is not a defense, if
circumstances as D believed them to be, you would
have crime, with an exception of mitigation, when
theres no danger the court can mitigate the crime
using impossibility
-if you believe something will happen but dont have
the purpose you dont have attempt
Aiding and abetting, complicity, accomplice,
solicitation are all the same thing, they help people
commit crimes, guilty of the same crime (accomplice
liability is a theory of liability)
-helping someone to do it, or causing someone to do
it results in liability
-court here says it does not have to be the exact
crime you had purpose for, it could be reasonably
foreseeable (this is majority)
-encouragement is enough for actus reus
-help does not actually have to make a difference
-principals dont need to know youre helping
-guilty of what the principals are guilty of (analyze

Defendant was convicted of unlawfully

aiding a jazz musician get employment in
the UK, because he went to the concert
and paid for a ticket.

principals first, so you know what accomplice are

liable for)
-if principals is not guilty, accomplice may be guilty,
depending on why principals are not guilty
(diplomatic immunity, not found, dead)
-if you have a duty to act, omission suffice for actus
reus
Hicks v. United States
-do not have to convict the principal to convict the
An accomplice must intentionally aid,
accomplice
abet, or encourage the principal in order to -but if the principal is found not guilty, the
be found guilty. Defendant was present
accomplice can be found guilty, we allow for
when shooter killed. Witnesses said he
inconsistent juries (if the same jury then not
encouraged the shooting while defendant
allowed), you still look at the elements for
claims he didnt.
accomplice
State v. Gladstone
There must be a nexus between the
individual accused and the party whom he
is charged with aiding and abetting.
Defendant did not have any marijuana, but
offered the name of someone who did
have marijuana to an undercover agent.

-defendant can argue he was indifferent and didnt

care about the weed being sold
-some courts hold that purpose required for lesser
crimes and knowledge suffices for major crimes
(minority)
-Regarding negligence crime, as long as you have
the same mens rea as the principal, then the
accomplice only needs negligence if principal only
need negligence
-MPC, for accomplice liability, you need to have
only the same culpability as the principal
-Regarding strict liability to be an accomplice, only
need the purpose to do the acts that lead to the strict
liability, if the principal didnt need to know, neither
did the accomplice

-can be an accomplice to an attempt, analyze the

primary actor first
-when accomplice liability is a separate crime, it is a
conspiracy,
United States v. Alvarez
-conspiracy is an inchoate crime
Mere participation or association in an
-defense using 1st amendment, right of association
offense can be conspiracy. Knowledge of
-conspiracy requires an agreement between 2 or
all details of conspiracy or joining the
more qualified people
conspiracy at its inception is not required -concerted action agreeing to a conspiracy by
for liability. Alvarez was going to be at the action or performance
unloading site in the US when others
conspired to smuggle 100,000 pounds of
marijuana from Colombia by air.
Gebardi v. United States
Bilateral rule both can be prosecuted

Acquiescence by the woman transported

was not intended to be punished for
conspiracy. No liability for conspiracy
when theres a recognized rule of justice
or policy exemption. Defendants indicted
for conspiring together to transport a
woman from one state to another to
engage in sexual intercourse.
Garcia v. State
It is no defense that person the accused
conspired with was a police informant. A
unilateral approach to conspiracy was
taken, where culpability of the actor
determined liability. Defendant convicted
of conspiracy of murder when the only
person defendant conspired with was a
police informant.
People v. Lauria
Conspiracy requires both knowledge of
illegal use and intent to further that use.
Intent can be inferred from knowledge 1)
when purveyor has a stake in the venture,
2) when no legitimate use for the
goods/services exists, 3) when volume of
business is disproportionate, or 4) when
supplier knows the equipment supplied
will be used for felonies. Lauria ran an
answering service that prostitutes used.
Pinkerton v. United States
When a defendant joins a conspiracy, all
defendants still part of the conspiracy are
liable for substantive crimes committed to
advance that conspiracy. Defendant
convicted for violating the tax code and
claimed his brother who lived with him
committed substantive acts.
Kotteakos v. United States
Though defendants may all be engaged in
a similar criminal enterprise, they are not
necessarily involved in the same criminal
conspiracy. Defendants are guilty only of
separate conspiracies they participated in.
Defendants are convicted as part of a
conspiracy to fraudulently procure

Unilateral rule only one can be prosecuted (MPC

-minority)

-Intent can be established by 1) direct evidence of

intent to participate or 2) by inference through his
special interest in the activity or aggravated nature of
the crime
-knowledge + more = inference of purpose
Conspiracy gives prosecutor benefits of evidence,
venue (forum shop), easier to prove, point fingers,
extends statute of limitations just for the conspiracy
-Conspiracy to cover up usually seen as a separate
conspiracy, a cover up can also show purpose of a
crime

-Wheel conspiracy, the rims were missing here

(interest in others to succeed creates rims)
-To connect the rims, for the guy in the middle to
stay in business, everyone has to participate

government loans, where government

argued there were 8 separate conspiracies
with one common person.
United States v. Bruno
When each link knew that the other links
were necessary components in the scheme
of distribution and were all parts of a
single undertaking, there is one
conspiracy. Defendants were indicted
along with 86 others for a conspiracy to
import, sell, and possess narcotics and
argued it was a series of conspiracies
rather than one.
People v. Goetz
Self defense is not purely subjective. The
actor must not only have the subjective
belief that deadly physical force is
necessary, but those beliefs must also be
objectively reasonable. Goetz shot 4
young men on a train (who had
screwdrivers for theft on them) after they
asked him for money.
State v. Kelly
Evidence relating to battered spouse
syndrome was relevant in determining
whether a reasonable fear of danger
existed for a self-defense claim. Kelly
(who had battered woman syndrome)
killed her husband with scissors.
State v. Norman
Self defense requires imminent danger of
death of great bodily harm. Defendant did
not have a reasonable belief the husband
would kill her in the near future. Wife
suffered years of abuse and shot husband
while sleeping.
State v. Abbott
One cannot use deadly force in self
defense if the actor knows that he can
avoid the necessity of using such force by
retreating to safety. Neighbors get into a
fight, in which their families joined in
with hatchets, knives, and pitchforks.
United States v. Peterson
When a person provokes or is the initial
aggressor, he can not later claim self

-Chain conspiracy
-United States v. Borelli a wheel and chain
conspiracy
-again can argue that even the local drug dealers are
competitors, they are tied to each others success
since the importer needs all of them to stay in
business
United States v. Peterson defines self defense 1)
when necessity begins and before it ends, 2)
necessity appears necessary, 3) must exist a threat of
unlawful and immediate deadly force 4) believed by
the defendant

-standard for imminence should not be here and now,

but reasonable person who lives life of battered
woman would believe it is imminent

defense. Deceased was stealing

windshield wipers from defendant.
Defendant went inside to get a gun,
approached the deceased as he was about
to leave, and shot the deceased who
charged at him with a wrench.
People v. Ceballos
Deadly force could not be used solely for
the protection of property. The character
and manner of the alleged burglary did not
reasonably create a fear of great bodily
harm and therefore there was no cause for
the use of deadly force. Defendant set up a
trap gun to prevent burglaries in his
garage, and a burglar was killed.
Tennessee v. Garner
A cop chasing a suspect may use deadly
force only to prevent escape if the officer
has probable cause to believe that the
suspect poses a significant threat of death
or serious physical injury to the officer or
others. Cop shot the suspect as he was
climbing a fence to escape. The cop could
see the suspect was unarmed. The suspect
only took 10 dollars and a purse.
People v. Unger
Necessity can be an affirmative defense to
the crime of escape. Relevant factors
include 1) threat of death, rape, or serious
bodily injury, 2) no possibility of a
complaint to authorities, 3) no time for
courts, 4) no evidence of violence used in
escaping, 5) prisoner immediately reports
to authorities after escape to a safe
position. Defendant tried to escape after
he walked off of an "honor farm" while
serving a sentence for auto theft and
claimed necessity since other inmates
threatened to kill and rape him.
United States v. Schoon
The necessity defense is inapplicable to
cases involving indirect civil
disobedience. Defendants appeal their
conviction (stemming from a protest) for
obstructing the activities of the IRS office
and failing to comply with the order of a

Life > Property

-distinction between direct and indirect civil

disobedience is a red herring
-MPC More lives > fewer lives

federal officer.
Public Committee Against Torture v. State
of Israel
The General Security Service (GSS) does
not have the authority to torture in certain
ways, and that judgment for this will be
suspended for a year.
State v. Toscano
We hold that duress is an affirmative
defense to a crime other than murder, and
that it need not be based upon an alleged
threat of immediate bodily injury.
Defendant was convicted of conspiring to
defraud insurance companies and argued
duress for the safety of his family.
MNaghtens Case
The MNaghten Test is an insanity test. A
defendant is not culpable if at the time of
the criminal act if as a result of a mental
diseases, he did not know the nature of the
act he was doing or did not know what he
was doing was wrong. Defendant believed
he was the victim of an international
conspiracy and shot a guy.
Blake v. United States
MPC adapted, where a substantial (rather
than complete) lack of capacity was
required for the insanity defense either to
appreciate the criminality or to conform
his conduct to the requirements of law.
Defendant robbed a bank and pleaded
insanity.
United States v. Lyons
A person is not responsible for criminal
conduct on grounds of insanity only if at
the time of that conduct, as a result of a
mental disease or defect, he is unable to
appreciate the wrongfulness of that
conduct. Defendant was convicted of
several narcotics violations and claimed
that he was unable to conform to the law
due to a drug addictions.
State v. Crenshaw
The court concluded that the defendant
knew his acts were morally wrong and
illegal and thus his personal belief cannot

Necessity for torture cannot be pre-authorized, you

cannot say you should torture in advance

-No economic defense of duress

-know the name of this case

-abandoned the volitional prong (irresistible impulse)

part of the MPC

Insanity doesnt mean there was no mens rea, there

was just no culpable mens rea

exculpate him. It is societys morals and

not the individuals morals that are the
standard for judging moral wrong.
Defendant brutally murdered his wife
after he suspected that she had been
unfaithful. He claimed he did it because
he followed the Moscovite faith.
State v. Guido
The court would not fault defense counsel,
defendant, or defendant's witnesses
because the psychiatrists changed what
their understanding of what the law means
by disease. Defendant was so distraught in
her marriage that she decided to end her
life but at the last second shot her
husband. Psychiatrists first said defendant
was sane but after meeting the defendant
said she was insane.
State v. Cameron
What is right and wrong refers to
knowledge of a person at the time of
committing an act that he was acting
contrary to the law. A narrow exception is
made when a party performs an act he
knows is legally and morally wrong but
believed the act is ordained by God
because of a mental defect. Defendant
stabbed his stepmother over 70 times and
used the insanity defense.
United States v. Brawner
The court found a rule that permits the
introduction of expert testimony as to
abnormal conditions if it is relevant to
negate, or establish the mens rea. After
examining the test of legal insanity as a
complete defense, the court considered
whether mental health evidence should be
admissible apart from its bearing on the
insanity issue.
Clark v. Arizona
Due process does not prohibit Arizona's
use of an insanity test stated solely in
terms of the capacity to tell whether an act
charged as a crime was right or wrong.
The state could also constitutionally limit
a defendant's evidence of mental defect to

Spot insanity issue someone drooling, taking

medication, seeing a doctor, acting weird
-does he have a disease or defect, assuming he has a
disease or defect
-MNaghten standard, common law additions, MPC
standard
-voluntary intoxication can be used to specific
intent crimes, and drops from higher intent crimes to
lower ones
-this case why fearful of diminished capacity,
worried about battle of the experts
-Brawner why they want to use diminished
capacity

only what is relevant to that insanity test.

A man with paranoid schizophrenia killed
a police officer who pulled him over.
People v. Hood
The court held that on re-trial the court
should not instruct the jury to consider
evidence of defendant's voluntary
intoxication. Voluntary intoxication can be
a factor for specific intent crimes but not
general intent crimes. Defendant, while
resisting arrest, grabbed the officer's gun
and shot the officer twice in the leg.
Regina v. Kingston
If a defendant is secretly drugged causing
loss of self control and forms an intent he
wouldnt have formed, the defendant
should be exculpated. Penn lured
defendant over to his place and drugged
him, causing defendant to abuse a boy
sexually.
United States v. Russell
Government agent's active participation in
criminal conspiracy was not entrapment.
Law enforcement officers may participate
in the procedural commission of certain
crimes such as drug manufacturing, so
long as they do not implant criminal
designs in the minds of the accused. A
federal agent locating a meth lab helped
supply lab proprietors an ingredient.
People v. Barraza
Californias objective test for entrapment
(unlike the Supreme Court) seeks to deter
overreaching police conduct and looks to
see if officers actions would induce a
normally law-abiding person to commit
the crime. Defendants character and
predisposition is irrelevant.
Police kept calling a man and got him to
give her a note about getting heroin.
Gregg v. Georgia
The imposition of the death penalty does
not, automatically, violate the Eighth and
Fourteenth Amendment. If the jury is
given standards, the death sentence may
be constitutional. If the death penalty is

-stayed with predisposition standard here

-prosecutors loved entrapment, since it is a loaded
standard and allows them to bring in extra evidence

Death penalty bifurcated trial

-arbitrary: race, location of killing (death penalty for
rural killing, unlikely for urban killing),
-does not apply to mentally retarded, minors
-whether it applies to child rape is open

mandatory with no provision for mercy,

then it is unconstitutional. A jury found
Gregg guilty of armed robbery and
murder and sentenced him to death.

-syndromes can be used to motivate or as an

additional aggressor and used offensively rather than
defensively
Thursday 12-5pm, Friday 10:30 to 11:30 am,
Part 1 - 70 minutes MC, 50 questions, 5 min break,
Part 2 Question 1, 90 minutes, Question 2, 60
minutes, Question 3 45 minutes (Part A more time,
B less time)
-FM analyze the felony (AR + MR +
Circumstances), assuming they are, analyze the
limitations, merger, does the felony require malice,
discuss malice, during the course of, in furtherance,
who caused the death, agency theory, proximate
cause, provocative act doctrine, who dies
-Insanity must mention the disease or defect is a
legal term
-Regarding MNaghten talk about hallucinating
versus wrong
-Regarding MPC conform part, can refer to
irresistible impulse part
-If there is a mental illness, you have to talk about
insanity, diminished capacity, and maybe
intoxication
Outline to Hypo 2
1) disease or defect, symptoms, history,
medication versus unclear diagnosis, number
of odd people, easily faked, can be brought
upon himself since he can drink to reduce
medication effectiveness
2) MNaghten, D is presumed sane at time of
the crime, did not know nature or quality of
acts or act is wrong, Buford goes to work,
does immigration work (whether one is
normally insane can be used as an
argument, did not know nature because he
thinks hes in a different
universe/hallucinating), for not know his act
was wrong thought he was better than
society
3) Lacks substantial capacity, does not simply
have to be insane al the time
4) Diminished capacity, attempt = specific

intent, but nothing to drop to

5) Voluntary drinking it, not involuntary
Accomplice liability, conspiracy, and think about
felony murder
1.
2.
3.
4.
5.
6.

Sue twice in criminal/tort law?

State v. Hazelwood (oil spill) ordinary negligence applied, is that crim/civil?
Criminal negligence, super negligence = more than reasonable person?
No mens rea listed = no possibility for mistake of fact, law?
You can transfer intent (purpose), can you transfer knowingly/recklessly?
People v. Marrero (calling a girl) overrule MPC2.04 regarding mistake of law, law is
vague? A federal correction officer was arrested at a club for carrying an unregistered
weapon which he thought was allowed.
a. Why do we even have to look at legislature intent, if they dont make the laws
clear, how can people follow them?

7.
8. Notephysician removes heart when patient is brain dead, but law defines death as
cessation of heart function, conviction for intentionally killing patient?
9. Punishment for strict liability = cruel and unusual punishment? Youve done nothing
wrong.
10. Jurisdictional vs. Strict liability? Morsette case, knowing taking casing of air force, or
staples case, proving unregistered firearm is jurisdictional or strict liability.
11. Strict liability, not like common law crimes, must be mala prohibitum? Common law
crimes are mala in se?
12. Knowingly when strong suspicion and avoids learning the truth, reckless or knowledge?
13. Mens rea multiple personality disorder

14. When do we use MPC vs. common law, strict liability or something since theres two
opinions for everything
15. Where does the reasonable person play into criminal law, mental physical disabilities,
children, professionals, is it different from the reasonable person in tort law
16. What do you mean when you have us say the law giveth, taketh away
17. Causation?
18. Can lawyers and law students sit on the jury?
19. Every injury caused that does not lead to a instantaneous death = omission?
20. Omission requires physical capability? Use impossibility/insanity as defense? Fear
insufficient?
21. Try your best to do duty and fail?
22. Does every crime require social harm (actual dmg not needed)?
23. Technical defense, when waiving jury = issue of law instead of issue of fact?
24. Can mistake of fact apply to negligence (or reckless), since mistake of fact works even if
belief is unreasonable, while negligenceis based on a reasonably care, also negligence
requires no intent

25. What you need to know is what makes your conduct wrong, does that include morally
wrong conduct, or also legally?
26. Marrero case, dont all personal misreadings of material element statute negate the mens
rea (unless strict liability, or you misread jurisdictional element),
27. Ignorance of the law is not a defense, but since it negates material element exception,
then ignorance of all material elements is a defense
28. Regarding jurisdictional elements, under common law youre held for the greater crime
even w/o mens rea, but under MPC youre held for the lesser crime (since it rejects
MPC)?
29. Regarding strict liability there is no mistake defenseat all
30. Killing non-provoking victims, is there mistake of fact defense? no
31. Welansky case, owner prosecuted for club fire, does it matter he was not really in charge
of everything. What if his employees blocked the exits, replaced the material with
flammable things over series of years and he didnt really know?
a. Is he being held criminally vicariously liable?
b. Can you be criminally liable for the criminal acts of third parties, a patient of a
doctor tells the doctor he will call someone, doctor does nothing and someone
dies
32. From today regarding involuntary manslaughter, you ask in step one if theres a
substantial and unjustifiable risk, what is the same question? Step one you look at
negligence, then you look at if its gross
a. (magnitude of harm > social utility then its gross?)
33. Intent to kill (malice) vs. purpose (Carrol standard murder 1)
34. Mastery of the law?
35. Look at Alice hypo

36. Set a trap, and I know it, and its murder?, take something from the left of the podium
37. What is your glannon guide? in the library
38. Lets say you were drunk driving, and you get home safely. The police for some reason,
was talking to the bartender or some other source who said you drank and then drove.
Can they go to your door and arrest you?
39. Clarify on what atmosphere of malice constitutes for the provocation act doctrine create
the atmoshphere
40. When looking at homicide do we also have to separately look at mens rea, or is like
analysis of the varying levels of homicide already include mens rea
41. Mens rea of knowingly, is that murder 2?
42. For a state that punishes the same for the attempt and the crime, can you get a death
penalty for attempt?
43. Practice midtermsand sample student answers?, like 20 or well 19 years would be nice
44. When youre provoked and you kill the wrong person, most courts do not recognize
manslaughter when youve killed the wrong person under heat of passion right?
a. Why dont they use transferred intent under common law?
45. Why is illegal arrest a legally adequate provocation?

46. Oh and to double check, adultery as a legally adequate provocation applies to women too
right in theory even though always male?
47. Distinction between a manslaughter with a long smoldering (when talking about a
cooling time), if youre long smoldering isnt that sort of like first degree murder? Youve
clearly premeditated the murder during this smoldering time where anger built up?
a. I mean since a good number of murderers have a motive and therefore make an
argument they provoked whoever to kill
48. Under the extreme emotional disturbance standard, cant that apply to a good number of
1st degree murders, since when you premeditate someone, youre automatically are
considered under an emotional disturbance (otherwise you wouldnt kill someone), isnt
technically everyone whos murdering (1st degree at least) someone under an emotional
disturbance and had a reason
a. Like in the Carroll case, when he shot his wife, he clearly had a reason and he was
obviously under extreme emotional disturbance
49. Generally, regarding felony murder, do we still look at causation? Is it simply no mens
rea needed or complete strict liability? I know courts look at proximate cause when
looking at whos acts and the agency theory,
50. If you attempt to kill someone, and theyre injured and paralyzed or something and kill
themselves later, youre generally liable? Or is that something arguable?
51. Regarding the arson hypo, fire breaks out from a spark, do you have a legal duty to put
out the fire?
52. Why is it a year and a day rule, why not just a year?
a. If you want to infect someone with HIV, then youre not liable for murder? HIV
takes many years to kill
53. 2 ppl shoot, each bullet would have killed in an hour, but with 2 bullets they both die in 5
minutes, regarding actual causation, do we look at but for their death? Or but for their
death in 5 minutes?
54. 2 people shoot at a guy with an arrow, but only one arrow hits, and they use the same
type of arrow, are they both responsible?
55. So when death is obvious (A shoots B) what do you say about proximate cause?
56. Complimentary human action, does that break the link or does it just depends?, arguable
57. Diff between mistake of fact and factual impossibility? Try to shoot the deer, but turned
out to be a man versus trying to shoot the man but it was a deer
58. Voodoo is factual impossibility?
a. How do we analyze impossibility if technically all legal impossibility can be
factual impossibility?
59. If someone is guilty under the dangerous impossibility doctrine for simply being
negligent, what do we have to analyze, just that a reasonable person should have known
the risk?
60. 3344Regarding shield cases, can that be argued as kidnapping and thus an inherently
dangerous felony?
61. Attempt, it only merges with the actual crime when the crime is complete right?
a. If you try to rob and someone dies, you are still guilty of attempted robberty,
b. But if you kill someone are you liable for assault/battery?
c. How about if youre guilty for 1st degree murder, can you be guilty of an
attempted second degree murder?

62. Attempted conspiracy?

a. IS the person making an offer to commit a crime guilty of conspiracy? What if the
other person joking says I agree but the offeror didnt realize it, is he still guilty
of conspiracy
b. Every conspiracy would also be an accomplice, you have helped by agreeing, it
automatically helps the offeror since hes reassured he has people helping him
c. Can you be guilty of a conspiracy under accomplice liability, you helped someone
commit conspiracy by say giving them a contact information to someone
63. If two people commit the crime, theyre both guilty because they actually did commit the
crime, but they would also each be guilty under accomplice liability for committing the
crime? So there is basically two ways for them to commit the crime?
a. Is it possible for the principal to be guilty for a crime under accomplice theory?
Isnt he helping others?
b. Cant you have two principals, and thus each principal is helping the other out?
64. Under conspiracy, and one of the co-conspirators is guilty of an attempt, can you be
guilty of that too?
65. Estoppel theories as an exception to mistake of law, what constitutes an administrative
order?
a. How high enough does a government official have to be?
b. I know we cant rely on the opinions of cops, but why not? But theyre the ones
that arrest you? You can violate plenty of laws but they ultimately decide whether
youre in trouble or not and are at the beginning of the criminal justice system
66. Mistake of law can be used as a defense for strict liability crimes? only for no notice
67. When talking about limitations of felony murder that must be in furtherance, it only
refers to acts of cofelons right? Use all approach
68. Lacking one element of self defense, what exactly is one element or two to mitigate to
manslaughter, can you mitigate from 1st to 2nd degree, or from VM to IM? What if ur
missing two elements of SD, generally only for honest but unreasonable
69. If you shoot someone, and accidentally kill someone else, transferred intent applies right?
Do you still get an attempt for the person you tried to kill?
70. If you ask us what crimes have we been committed, do we not mention defenses, and if
you ask us for what defenses can be asserted, that means only affirmative defenses of
justification/excuses, does it include like mistake of fact/law?
71. At common law, why wasnt abandonment allowed as a defense for accomplice liability
72. What happens when theres characteristics of both a wheel and chain conspiracy? Do
courts look at it as several conspiracies or is it a case by case basis on exactly how the
conspiracy works
73. the initial aggressor youre still allowed to use nondeadly force right?, doesnt mean give
you initiate a fight if you just wanted to hurt someone with nondeadly force and throw a
few punches
74. How does strict liability work for accomplice liability? And attempt? Courts split? MPC
rejects

75. For the merger doctrine, where the felony must have a purpose other than murder, there
cant malice or it merges, does that include the gross recklessness definition of malice?
(exam)
76. How do research assistants for professors work?
77. For felony murder inherently dangerous limitation, you look at the statute in the abstract
versus the act in the abstract?
78. Do you have sample student answers or at least grading rubrics for the sample exams on
the library? 1999, fall 2001, spring 2001, spring 2003, and any more since youve been
teaching like 20 years
79. Glannon guide, named after Joseph Glannon?
80. Does drunk driving generally (in real life) end up as murder 2 or involuntary
manslaughter or is that something that totally depends and is arguable
81. Choice of evils for necessity does the evil basically limited to death or serious bodily
harm or serious property harm
82. Can you also bring in experts for battered woman syndrome cases when the duress
defense is used (we talked about it for self defense), but theres like an
imminence/reasonableness factor for duress
83. Is intoxication a type of diminished capacity?
84. Under the MPC, diminished capacity can be a full defense? If it drops from a general
defense down to like nothing?
85. Is diminished capacity kind of like imperfect insanity defense, if youre missing elements
for insanity it drops down to diminished capacity
86. Does every duress case lead to a colorable issue of necessity? Is there always necessity
when there is a duress, because under duress you are forced to choose between someone
dying and you commiting a crime (someone dying), every duress situation gives you a
choice of evils
87. When choosing lesser evils, you have to choose the least most evil right? Like if you had
to choose between like destroying 5 houses, 4 houses, and 3 houses, you have to choose
the 3 houses right? You cant be like I chose the 4 houses over the 3 because my house
was in the 3?, better yet choose between 5 and 3 and 3, and your house is one of 3
88. Does the federal approach to entrapment strongly favor the prosecution since if the
defendant commited the crime, then you automatically have a strong argument that he
was predisposed to commiting the crime?
a. Can entrapment be used for strict liability crimes? Or does it matter which
approach is taken?
89. Provocation Act doctrine where defendant creates an atmosphere of malice, that also
applies if one of your co-felons starts the shooting right?
90. In determining whether it is specific or general intent crime, one of the things we look at
was the historical name, what does that mean?
a. Is there is a jurisdictional element in the statute, does that generally mean it is
more of a general intent crime?
91. Where theres an insanity problem, do we have to prove that the defendant is competent
to stand trial
92. If you know with virtual certainty that people will die, the only levels of murder that
suffice would be gross reckless for murder 2 and involuntary manslaughter right?
93. If youve taken the last step for attempt, that satisfies all the other tests as well.

94. Irresistible impulse test do we look at whether the defendant had no control at all? Or
just that he had no control even with police there, since a police could be at his elbow, but
he wanted to shoot the guy regardless of whether he was going to get caught
95. Law enforcement defense, can only be used by police?
96. Can you argue you thwarted the crime by going to the police?
97. Can I get participation points for moving the podium?