Criminal Law Final Exam Attack Checklist
Final exam attack checklist covering actus reus, mens rea, inchoate crimes, homicide, defenses, and accomplice liability.
Pre-Exam Preparation
- Memorize the Model Penal Code mens rea hierarchy: purposely, knowingly, recklessly, negligently — and know how each maps to common law terms (specific intent, general intent, malice)
- Create a homicide flowchart: first-degree murder (premeditated, felony murder), second-degree murder (depraved heart, intent to cause serious bodily harm), voluntary manslaughter (heat of passion, imperfect self-defense), involuntary manslaughter (criminal negligence, misdemeanor manslaughter)
- Review all defenses: self-defense (force proportional to threat, duty to retreat in retreat jurisdictions), insanity (M'Naghten, irresistible impulse, MPC substantial capacity), necessity, duress, intoxication (voluntary vs. involuntary)
- Outline inchoate crimes: attempt (specific intent + substantial step), conspiracy (agreement + overt act + intent), solicitation (encouraging another to commit a crime)
- Review accomplice liability: actus reus (aid, abet, encourage, assist) + mens rea (intent that the crime be committed) — distinguish from mere presence or knowledge
- Map out felony murder: inherently dangerous felony, merger doctrine, during and in furtherance of the felony, agency vs. proximate cause approaches for co-felon liability
Issue-Spotting Checklist
- Identify the actus reus: was there a voluntary act or an omission where there was a legal duty to act (status, contract, relationship, creation of peril, voluntary assumption)?
- Determine the mens rea: what level of intent does the statute require, and does the defendant's mental state satisfy it under both MPC and common law?
- Classify the homicide: first-degree murder, second-degree murder, voluntary manslaughter, or involuntary manslaughter — check for felony murder
- Check for inchoate liability: did the defendant attempt, conspire to, or solicit the crime, even if the crime was not completed?
- Analyze accomplice liability: did anyone aid, abet, or encourage the principal with the requisite intent?
- Look for conspiracy: agreement between two or more people to commit a crime plus an overt act in furtherance — check for Pinkerton liability for co-conspirators' crimes
- Identify all available defenses: self-defense (reasonable belief of imminent threat), necessity (lesser of two evils), duress (threat of imminent death or serious bodily harm), insanity, intoxication
- Check for mistake of fact: was the defendant's mistake reasonable, and does it negate the required mens rea?
- Spot merger issues: solicitation merges into conspiracy, attempt merges into the completed crime, but conspiracy does not merge
- Look for causation issues: but-for causation and proximate causation, particularly in homicide cases with intervening acts
Common Essay Structure (IRAC)
- Issue: Identify each crime the defendant could be charged with (e.g., 'Whether D is guilty of first-degree murder for the killing of V')
- Rule: State the elements of the crime, distinguishing between common law and MPC approaches where they differ
- Application: Analyze actus reus, then mens rea, then causation (for result crimes), then attendant circumstances — apply facts to each element
- Defenses: After establishing the prima facie case, analyze every plausible defense — professors expect this even if the defense is weak
- Accomplice/inchoate: If multiple actors are involved, analyze accomplice liability and conspiracy after the principal's liability
- Conclusion: State the most likely charge and whether defenses are likely to succeed, noting close calls
Key Rules to Memorize
- MPC mens rea hierarchy: purposely (conscious object), knowingly (aware of high probability), recklessly (conscious disregard of substantial and unjustifiable risk), negligently (should have been aware of substantial and unjustifiable risk)
- First-degree murder: premeditated and deliberate killing — premeditation can be formed in an instant in some jurisdictions
- Second-degree murder (depraved heart): reckless killing manifesting extreme indifference to human life — no specific intent to kill required
- Voluntary manslaughter (heat of passion): killing in the sudden heat of passion after adequate provocation, with no reasonable cooling time
- Involuntary manslaughter: unintentional killing through criminal negligence or during the commission of a non-inherently-dangerous felony or misdemeanor
- Felony murder: any death caused during the commission of an inherently dangerous felony (BARRK: burglary, arson, robbery, rape, kidnapping)
- Attempt: specific intent to commit the crime + a substantial step (MPC) or beyond mere preparation (common law)
- Conspiracy: agreement between two or more persons (bilateral, common law) or unilateral agreement (MPC) to commit a crime, plus an overt act
- Self-defense: reasonable belief of imminent unlawful force; deadly force only when facing death or serious bodily harm; duty to retreat (majority) vs. stand your ground (minority/MPC)
- Insanity (M'Naghten): defendant did not know the nature and quality of the act, or did not know the act was wrong
- Accomplice liability: intentionally aided, abetted, or encouraged the principal with the purpose that the crime be committed — mere presence is insufficient
- Mistake of fact negates mens rea if the mistake is reasonable (general intent crimes) or even unreasonable (specific intent crimes, where any honest mistake suffices)
Last-Minute Tips
- Always analyze both common law and MPC approaches when they differ — many professors expect both frameworks
- For homicide questions, start with the highest charge (first-degree murder) and work your way down — this ensures you don't miss any theory
- Remember that voluntary intoxication can negate specific intent but is never a defense to general intent or strict liability crimes
- When you see multiple defendants, always consider conspiracy (Pinkerton liability makes each conspirator liable for foreseeable crimes of co-conspirators) and accomplice liability
- Don't forget that necessity is not a defense to murder under either common law or MPC
Time Management
- Criminal law essays often test multiple crimes in one fact pattern — quickly list all possible charges before writing detailed analysis of each
- Spend the most time on the homicide analysis if someone dies in the hypothetical — it typically carries the most weight
- For each crime, follow a strict order: elements, then defenses — do not mix them together
- If the essay has an accomplice or conspiracy component, leave enough time for it — these issues often carry significant point value