Summary: (14) Mbe: Criminal Law + Procedure

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• MBE Criminal Law

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• Requisite Intent for Major Crimes (4 Kinds)

  1. Specific Intent
  2. General Intent 
  3. Malice
  4. Strict Liability

• Major Specific Intent Crimes: 10 total

  1. Solicitation (intent to have the person solicited commit the crime)
  2. Attempt (intent to complete the crime)
  3. Conspiracy (intent to have the crime completed)
  4. First degree premeditated murder (premeditated intent to kill)
  5. Assault (intent to commit a battery)
  6. Larceny + Robbery (intent to permanently deprive the other of his interest in the property taken)
  7. Burglary (intent to commit a felony in the dwelling)
  8. Forgery (intent to defraud)
  9. False pretenses (intent to defraud)
  10. Embezzlement  (intent to defraud)

• Malice (Common Law Murder and Arson) - Defined

  The intent necessary for malice crimes (common law murder and arson) requires a reckless disregard for an obvious or high risk that the particular harmful result will occur. Defenses to specific intent crimes (e.g., voluntary intoxication), do NOT apply to malice crimes.

• General Intent (Awareness of Factors Constituting Crime): Defined

  Almost all crimes require at least "general intent," which is an awareness of all factors constituting the crime; i.e., the D must be aware that he is acting in the proscribed way and that any required attendant circumstances exist. D need not be certain that all the circumstances exist; it is sufficient that he is aware of a high likelihood that they will occur. A jury may infer the required general intent merely from the doing of the act.

• Strict Liability Intent: Defined

  A strict liability (or public welfare) offense is one that does not require awareness of all the factors constituting the crime; i.e., the D can be found guilty form the mere fact that he committed the offense. Common strict liability offenses: (1) selling liquor to minors, (2) statutory rape. Defenses that negate the state of mind, such as mistake of fact, are NOT available.

• Major Strict Liability Crimes: 3

  1. Statutory rape
  2. Selling Liquor to minors
  3. Bigamy (some jurisdictions)

• State of Mind (Mens Rea) under the Common Law: 4 types.

  1. Specific Intent 
  2. General Intent 
  3. Malice
  4. Strict liability

• State of Mind (Mens Rea): MPC Fault Standards

  1. Purposely
  2. Knowingly 
  3. Recklessly 
  4. Negligently 

• CL State of Mind (2):  General Intent

  • State of Mind Required: Awareness of acting in proscribed manner
  • Subjective or objective test: Subjective 

• CL State of Mind (3): Malice

  • State of Mind Required: Reckless disregard of known risk 
  • Subjective or objective test: Subjective