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Criminal Law Super Summary Outline

Law Outlines > Criminal Law - Bar Exam Outlines

This is an extract of our Criminal Law Super Summary document, which we sell as part of our Criminal Law - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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CRIMINAL
*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).

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