Law Outlines Oklahoma Bar Bundle Outlines
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Oklahoma Bar Bundle Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Criminal Law
GENERAL MATTERS
Jurisdiction
Which State can prosecute a crime?
Key ?: Where did the significant portion occur
Easy Problem: Robbery in bricktown, OK has jursidiction cause all took place here
Complex: each state that can show a significant portion occurred in it can prosecute, and no issue w/ double jeopardy
Oklahoma Jurisdictional Issue: Indian Land
Indian Commits Crime on Indian Land= Federal or Tribal can prosecute
Non Indian on Indian Land= State can prosecute
Merger
Lesser included offenses become subsumed by or MERGE into the greater offense
A lesser included offense is merged into the greater offense
Lesser included offense=
One consisting of some but not all of the elements of the greater one
Ex. Possession of narcotics + "intent to sell"
Can be charged w/ both
Can be prosecuted for both
Can only be Punished for the greater if that one if guilty
Special Considerations: Inchoate Crimes
Attempt merges into the completed crime
Solicitation merges into the completed crime
Conspiracy does NOT merge into the completed crime
Burden of Proof
BEYOND A REASONABLE DOUBT
Always on the government
Never shifts; never reduced
CANT MAKE DEFENDANT DISPROVE ANY ELEMENT
ELEMENTS OF THE CRIME
Actus Reus- Physical Act
Must be voluntary:
A conscious exercise of will
Watch out for repeat offender: would define the act differently: "getting in the car knowing condition which could cause the act" is the actus reus
Failure to Act:
Generally no affirmative duty to act,
Failure to act may result in criminal liability where had LEGAL DUTY to act
By statute: child abuse reporting statutes
Contract: K as lifeguard- must save swimmer safely
Relationship: Spousal or parent
Voluntary Assumption of care: if stop rescue
Creation of Peril
Mental State
Model Penal Code States of Mind
Common Law States of Mind
Specific Intent
Malice
General Intent
Specific Intent
Highest state of mind
Certain defenses apply only to specific intent crimes
Voluntary intoxication; mistake of fact
Specific Intent Crimes
Inchoate Crimes: attempt, solicitation, conspiracy
Crimes against person: 1st degree murder, assault
Property Crimes: larceny, robbery, forgery, false pretenses, embezzelment
Crimes against Habitation: Burglary
Malice
Murder
Arson
General Intent: aware of all factors constituting crime
Rape
Battery
Kidnapping
Strict Liability- Exception to state of mind requirement:
No mental state required; proving the act proves the crime
Constitutional: Yes, but look for serious penalty: ?
What if statute silent on state of mind:
NO, presume against strict liability & read into statute a state of mind
Ex. Crime:
Statutory Rape
Transferred Intent
Scenario: D shoots as X, misses X but hits and kills Y
Valid Murder charge against D for Y death: Yes, cause intent to kill transferred to Y
What is it as to X: attempted murder
Does the attempt MERGE: No cause 2 distinct victims
Good intent transfers to establish a defense also
Temporal Requirement: Concurrence
Simultaneous act & state of mind
Rule:
Gov must show Defendant had the necessary state of mind either before the crime was committed or simultaneous w/ the crime, NOT AFTER
Hard case: mistake of death
Think dead but not, but die a different way when dispose of body
Assume kill when thought they did= single transacton w/ common intent
PARTIES TO THE CRIME- ACCOMPLICE LIABILITY
Modern Rule: Oklahoma
Individuals can be held responsible for crimes of others if government shows:
Individual provided assistance/aid
Provided Intentionally (knowledge not usually enough)
Intended to provide aid
Intended for crime to occur
If both met, then treated as Principal
Common Law- 4 Parties
These three establish liability for crimes- they are not crimes themselves
Principal in 1st degree: Present as scene & engage in at least 1 element of crime
Principal in 2nd degree: Present at scene, but only aid or encourage (driver or lookout)
Accessory Before the Fact: Not at scene, but provide assistance ahead of time
This IS A CRIME
Accessory AFTER the fact: not there but assist after the fact
Treated separately & lower punishment
Significance of Parties
Can be joined together in single prosecution: co-defendants
Each party held responsible for FORESEEABLE crimes of others-- even if not agreed upon
INCHOATE OFFENSES
Solicitation
Asking or encouraging another to commit a crime
Crime complete when words/act spoken-- no withdrawal
Specific Intent-- intend the crime actually be committed
Solicitor can be held responsible for completed crime
Because encouragement becomes the "aid" required for accomplice liability
Oklahoma: held criminally liable as Principal
Solicitor can be held liable for attempted crime
BUT, if pull off the crime that was solicited, the solicitation merges and can't be held liable for both (but can be charged for both)
Conspiracy
Punishes the AGREEMENT to commit other crimes
Objective must be unlawful
Conspiracy Requires
Agreement between 2 or more people (must have capacity to agree) with:
Intent to enter into the agreement
Specific Intent: Intent to achieve the unlawful objective
IN Oklahoma: Need overt act in furtherance of the objective
Mere preparation is enough
So, is an agreement w/ an undercover cop to commit a crime a conspiracy?
Unilateral Approach (modern trend)
Allow conviction if D believes other person (undercover cop) is agreeing
Bilateral Approach
Parties need capacity & intent
Scope of Liability:
Liable for crimes of all...
Buy the full version of these notes or essay plans and more in our Oklahoma Bar Bundle Outlines.
I entirely handwrote my notes for each subject of the bar exam and then used my notes to create my outlines for each subject. I passed the exam in 2012 on the first attempt. ...
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