This is an extract of our Criminal document, which we sell as part of our California Bar Exam - Simple Study Guide Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our California Bar Exam - Simple Study Guide Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
*Act + intent, concurrence, actual and proximate causation Actus Reus: Voluntary, conscious and non-reflexive act by [?]. Once completed, it cannot be undone. Omission: Duty via parent, H/W, employer/ee, K, statute, created peril, assumed care; knowledge of facts; physical ability to act. Specific Intent: SCAAFFFLERB Solic, Consp, Attempt, Assault, Forg, First Deg, False Pret, Larc, Embez, Rob, Burgl. Malice: Intentional or reckless conscious disregard of obvious high risk that result will occur. Arson and murder (CL/2nd) General Intent: All other crimes, incl rape, battery, false imp, kidnap. Presumed to intend natural & prob result of conduct. Transferred intent: Two crimes: actual crime against victim, plus attempted crime against intended victim. Strict liability: No intent required. Any defense which negates intent is N/A. Incl statutory rape, bigamy, traffic offenses. MPC: Purposely, knowingly (willfully), recklessly (conscious disregard of subst. risk), negligently (failure to be aware of risk) Accomplice Liability: Liab for all foreseeable crimes if aids/encourages principal, and specifically intended to aid/encourage crime. Defenses: Mere presence/knowledge; member of protected class; withdrawal. Inchoate Offenses: Solicitation and attempt merge into target crime; conspiracy is an independent crime. Solicitation: TP [?] intent (cop ok). Merges to conspiracy on agrmnt. Liab for foreseeable crimes. Withdrawal [?] to future crimes. Conspiracy: AIAIA(OA) Agmt; Intend Agree; Intend Achieve; Overt Act; Liab for Foreseeable, in Furtherance Attempt: SISS Specific intent to commit crime + substantial step (>prep). Factual impossibility is no defense Homicide Murder: Unlawful killing w/malice aforethought (intent to kill; to inflict grave bodily injury; depraved heart; or during dang. felony) Felony mrdr: Foreseeable death during (to safety) comm indep dangerous felony (burg,arson,rape). [?] must be guilty of felony. Voluntary manslaughter: Adeq provocation (RP lose control; actual provocation; RP no cool, no actual cool), Imperfect Self-defense. Involuntary manslaughter: Manslaughter with criminal negligence, or commission of misdemeanor or non-dangerous felony. First degree murder: Murder + premeditation & deliberation, specific intent to kill; or some felony murder. Larceny: Wrongful taking and carrying away of chattel of another w/ spec int. to permanently deprive (later if continuing trespass) Larceny by trick gives possession, but not title, by misrepresentation. Embezzlement: Fraudulent conversion or misapprop. of another's chattel by one in lawful possession with sp int to deprive. False pretenses: Getting V to transfer title to chattel by fraud or misrepresentation (V voluntarily gives title to item).
Buy the full version of these notes or essay plans and more in our California Bar Exam - Simple Study Guide Outlines.