Florida Bar Exam: Criminal Law

Front 1

Jurisdiction

Back 1

Authority of a sovereign to create and enforce substantive criminal law.

Rule: A state has juris over a crime if:
1. Any act that was an element of the offense was committed in the state
2. Act outside the state caused the result in the state OR
3. The crime involved neglect of a duty imposed by the state law
4. Omissions: where an act should have been performed ex. taxes

Front 2

Merger

Back 2

At common law if a person engaged in conduct that is both a felony and a misdemeanor, she could be convicted of the felony. The misdemeanor merges into the felony. NO MERGER IN AMERICA.

Exception:

1. Solicitation merges into the completed crime
2. A person who completes a crime after attempting it. Attempt merges into the completed crime.

3. Conspiracy DOES NOT merge w/ the completed offense. You can be convicted of conspiracy and the completed crime.

4. You cannot merger where there are 2 victims

Front 3

Essential Elements of a Crime

Back 3

Crime requires proof of a:

1. physical act and a mental state...
a. act is a bodily movement
b. def must have either performed a voluntary act, or failed to act under circumstances imposing a legal duty to act

2. and the concurrence of the act and the mental state.

Exception: involuntary conduct

There is no legal duty to rescue

Front 4

Omission as an "Act"

Back 4

Failure to act gives rise to liability only:

1. Duty to act imposed by the law
2. Def has knowledge of factor giving rise to the duty
3. Reasonable possible to perform the duty

When is there a Duty, or Omission that is a Breach
1. State demands action (taxes)
Contractual obligation of the def to act
3. Relationships (parent-child, spouse-spouse).
4. Voluntarily assume care of somebody
5. Create a peril (hit a pedestrian)

Front 5

Mental States

Back 5

Distinguishes between inadvertent or accidents

Rule:
1. Specific Intent
2. Malice
3. General Intent
4. Strict Liability

Front 6

Mental States: Specific Intent Crimes

Back 6

Crime requires not just doing the act, but doing it w/ specific intent

1. Intent cannot be inferred from the act. P must produce evidence that proves the intent
2. Defenses: voluntary intoxication and unreasonable mistake of fact

Front 7

Mental States: Malice

Back 7

Reckless disregard of an obvious or high risk that a bad result will occur

2. 2 malice crimes: MURDER and ARSON
a. Murder: the unlawful killing of a human being w/ malice aforethought
b. Arson: the malicious burning of the dwelling house of another

3. Voluntary intoxication does not apply

Front 8

Mental States: General Intent Crimes

Back 8

Awareness of all factors that constitute the crime.

Example: rape, battery

Front 9

Mental States: Transferred Intent

Back 9

Def intends the harm that is actually caused. Defenses and mitigating circumstances may be transferred. (Shooting at 1 person, hitting another person)

Applies to: HOMICIDE, BATTERY, ARSON. Does not apply to ATTEMPT.

A person found guilty of a crime on the basis of transferred intent is guilty of 2 crimes. The actual crime, and an attempted crime.

Front 10

Mental States: Strict Liability

Back 10

Does not require any awareness of the factors that constitute a crime. Ex: selling liquor to minors and statutory rape

Any defense that negates intent cannot be used to avoid strict liability.

How do you identify a strict liability crime? Admin, regulatory, moral area AND no adverbs like "knowingly"

10 Specific Intent Crimes
1. Solicitation
2. Attempt
3. Conspiracy
4. 1st Degree Premeditated Murder
5. Assault
6. Larceny/Robbery
7. Burglary
8. Forgery
9. False pretenses
10. Embezzlement

Front 11

Accomplice Liability

Back 11

All parties to the crime can be found guilty of the principal offense. Anybody who engages or aids the principal to commit the crime. Must be active in the crime and want the crime to happen.

Liable for the crime and all other foreseeable crimes involved

Front 12

Inchoate Offense

Back 12

Incomplete

3 Inchoate Offenses: Solicitation, Conspiracy, Attempt

Front 13

Inchoate Offenses: Solicitation

Back 13

Rule: Solicitation consists of inciting, counseling, advising, urging, or commanding another to commit a crime w/ the intent that the person solicited commits the crime
A. Not necessary that the person solicited agree.
B. It is not a defense that the person solicited is not guilty.
C. Solicitation merges into the completed crime.

Front 14

Conspiracy

Back 14

Rule: Conspiracy is an agreement between two or more persons to commit a crime. There must be:

A. Agreement between 2 or more
B. Intent to enter agreement
C. INtent by 2 people to achieve objective of conspiracy

Conspiracy does not merge w/ the substantive crime committed.

Liability: Each co-conspirator is liable for the crimes of the other co-conspirator if done in furtherance of the conspiracy and that were foreseeable

Express or implied agreement. No need for spoken or written

You can be part of a conspiracy if you don't know the other people in the conspiracy

Must be an OVERT ACT done in furtherance of the conspiracy before a person can be charged w/ conspiracy (any little act will do)