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Bar Exam Outline

Law Outlines > Criminal Outlines

This is an extract of our Bar Exam document, which we sell as part of our Criminal Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

MBE CRIMINAL LAW FREQUENTLY TESTED TOPICS: Homicide, inchoate crimes, 4th amendment rights GENERAL PRINCIPLES OF CRIMINAL LAW Malum Prohibitum = act wrong because it violates statute; Malum in se = act wrong because inherently evil, moral turpitude Constitutional Issues: Void for vaguness (state gives reasonable person fair notice of what conduct is prohibited); Ex Post Facto - retroactive law making conduct criminal, enforcing stricter punishment, or alters procedural/evidentiary rules to make D more easily convicted Actus Reus (voluntary and conscious, can be vicarious when D responsible for acts of another)
+ Mens Rea (SI = purpose, knowledge, malice, intent, willful; GI = recklessness, criminal negligence) (except in Strict Liability)
+ Actual Cause (but-for, substantial factor, acceleration of homicide)
+ Proximate Cause (superseding, foreseeability; unknown/special sensistivities are foreseeable) Specific Intent Crimes: first degree murder, theft - larceny, robbery, extortion, embezzlement, false pretenses - receiving stolen property, forgery, burglary, inchoate crimes, assault. General Intent Crimes: rape, battery, kidnapping, false imprisonment, involuntary manslaughter, depraved heart murder Malice Crimes: arson, common law murder Strict Liability crimes: regulatory offenses, publice welfare offenses, morality crimes, selling liquor to minors HOMICIDE Murder = unlawful killing + express or implied malice
? Express Malice = knowledge + intent (to kill, or inflict grievous bodily injury)
? Implied Malice = extreme recklessness or criminal negligence that manifests wanton disregard for value of human life (depraved heart)
? Deadly Weapons Doctrine = intent to kill inferred First Degree Murder = Express malice murder + premeditation and deliberation (or by statute)
? Voluntary intoxication may erase P & D Felony Murder = malice implied from malum in se conduct (BARRK) + collateral + inherently dangerous + killing foreseeable outgrowth of felony + killing occurred during commission of felony (when D could be convicted of attempt ? until D reaches place of temporary safety)
? Not collateral = manslaughter, aggravated battery, aggravated assault, mayhem
? Dangerous test: majority = abstract (all contexts); minority = context test
? Co-Felon liability o Modern Majority = Agency Rule: liability limited to killing committed at hands of cofelon o Minority = cofelon liable when non felon kills another non felon 1

o Original CL= liable for any death proximately caused by felony-murder
? Minority CL= Non Violent Felon Exception
? Minoirty CL = Deserving Victim Exception
? Redline Limitation CL = liability exempted when non felon kills justifiably Voluntary Manslaughter = intentional killing, where adequate provocation, diminished mental capacity, or imperfect self-defense erases malice
? Objective measure: provocation would lead reasonable person to lose self control and fly into homicidal rage. Mere words not enough.
? Rage must be hot
? Dimished capacity = minority rule. Where D not insane, diminished capacity may still strip malice.
? Imperfect self defense = honest but unreasonable judgment of necessity to use deadly force Involuntary Manslaughter = unlawful killing + no malice Misdemeanor Manslaughter = unintentional killing + commission of misdemeanor that is malum in se, or felony that is not inherently dangerous. Causation issues
? Acceleration = still murder, if caused death
? Common law 1 year and 1 day rule = mostly eliminated OTHER CRIMES AGAINST THE PERSON Battery: unlawful force (setting something into motion) + intentional, reckless, or criminal negligence
? Aggravated felony = serious bodily injury; use of deadly weapon; or V specially protected
? Defenses = consent; proportional self/others defense; proportional prevention of crime Assault: incomplete battery
? Failed attempt battery = D intended to commit battery; no defense that V not aware
? Fear/Apprehension of battery = D puts V in fear of imminent offensive touching o Fear = reasonable person standard
? Aggravated felony = dangerous weapon, intent to rape or murder, V specially protected Mayhem: dismembering, or disabling use of body part useful for fighting
? Modern: expanded to permanent disfigurement
? JXs without Mayhem = aggravated battery False Imprisonment = intentional and unlawful confinement, no reasonable exit Kidnapping = unlawful restraining of person's liberty by force/threat + movement (asportation)
? CL: intent to send V to another country Rape = Forced sexual touching without victim's consent
? Objective test for lack of consent
? Force of sexual penetration = sufficient to satisfy force 2

?Traditional CL = vaginal penetration, against will, by force/threat (force proves no consent) Statutory rape = strict liability. Age usually 16.

Bigamy = strict liability, regardless of mistake of fact. Incest PROPERTY CRIMES Larceny = trespassory taking + intent to permanently deprive
?????Trespassory = custody ? possession
?????Continuing trespass = still liable even if original intent was not to steal o Can be guilty, even if D returns property
?????Intent issues o D recklessly exposes property to loss = larceny o Abandoning property with hope it will be returned to rightful owner = larceny o Pawning not larceny, if intent to redeem pawn check o Not larceny if D intends to replace or pay for property later o Honest but unreasonable mistake = defense
?????Abandoned property = no larceny
?????Lost property = larceny if 1) intent to permanently deprive; and 2) know who owner is or reason to believe finding out identity is possible Robbery = larceny + force/threat
?????Taking from V, area within V's control
?????Threat must place V in actual fear at time of taking. Slight force okay, but must be more than required to just take property. Embezzlement = unlawful conversion of prop in D's possession + intent to permanently deprive
? Slight movement/limited use = not enough. Must seriously interfere with rights of owner
? Abuse of entrustment
? Intent issues o Intending to later substitute prop for equivalent prop = embezzlement o Honest but unreasonable mistake = defense Theft by False Pretenses = obtaining title to property through fraud + intent to steal Larceny by trick = obtaining possession through fraud + intent to steal Extortion = obtaining property through use of threat of future harm to V or property
? Completion issue: jx split between completion upon threat, or upon taking Receiving Stolen Property = receipt + knowledge + intent to permanently deprive Forgery = fraudulent writing + apparent legal significance + intent to make wrongful use of doc
? Alternation must be material. 3

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