im in ur casebook, finding hard eksam quesjuns for ur finals...
It’s time to get serious about Criminal Law
Common law murder requires malice aforethought
No mitigating factors if the homicide is premeditated
Remember that a felony + a killing = felony murder
But murder can be downgraded to manslaughter if there is adequate provocation.
Mayhem is a felony that originally consisted of injury permanently impairing the victim’s ability to defend himself--i.e. the cutting off of an arm.
Battery is the unlawful application of force to another
But assault puts the victim in apprehension of a battery
No duty to retreat before using deadly force in self-defense in most jurisdictions.
Can’t use deadly force to defend property
Involuntary intoxication is always a defense while…
Voluntary intoxication is not generally a defense, but it can negate the required Mens rea.
Some crimes don’t need Mens rea. These are strict liability crimes, i.e. statutory rape
Must look at the chain of causation such as “but-for” and proximate cause when deciding whom to charge with a crime
Larceny is as easy as taking candy from a baby, or is that robbery?
Must try to understand the difference between larceny by trick and
Embezzlement.
Might have something to do with fiduciary duties…
Don’t forget about Solicitation and
Conspiracy
And remember Criminal Law Defenses, the most important being…
Insanity! There’s the M’Naughten rule and the irresistible impulse defense.
So while you’re busy studying for your final exam, you will go through some or all of these stages…
Studying makes you tired
You meet with your study group to discuss the law
Then you get busy studying more, blocking out all unnecessary distractions
You get tired of reading, studying, and looking at the law
You mix in a little yoga,
And try to grab some sleep now and then
Maybe the stress even gets to you some…
After a while, the stress begins to show
Try to remember to take breaks
And that others care about you…
On the day of the exam, you know you’ll face the exam with no fear and give it your best shot
The criminal law exam will look something like this with a long fact pattern
You will have to do lots of issue-spotting
And you will be thankful and joyous when the exam is over. Hallelujah!
And maybe even celebrate some. But don’t celebrate TOO much!
REMEMBER…
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