What are the basic elements of a crime?

A crime usually requires a voluntary act or qualifying omission, the required mental state, concurrence between act and intent, causation where required, and social harm.

What is malice aforethought for murder?

Malice aforethought is established by intent to kill, intent to inflict serious bodily injury, reckless indifference to an unjustifiably high risk to human life, or intent to commit a qualifying felony under the felony-murder rule.

What is the difference between attempt at common law and under the MPC?

Attempt requires specific intent to commit the target crime plus an act beyond mere preparation. Common law often uses dangerous-proximity language, while the MPC uses a substantial-step test strongly corroborative of criminal purpose.

What is required for accomplice liability?

An accomplice must aid, encourage, or assist the principal with the intent that the crime be committed. Mere presence or knowledge alone is usually not enough.

What is felony murder?

Felony murder makes a defendant liable for a killing caused during the commission or attempted commission of a qualifying felony, subject to limits such as merger and causation doctrines.

What is the difference between larceny and embezzlement?

Larceny is a trespassory taking and carrying away of another's personal property with intent to permanently deprive. Embezzlement is the fraudulent conversion of property by a person already in lawful possession of it.

Robbery is larceny from the victim's person or presence by force or intimidation.

When is self-defense justified?

A person may use reasonable force when they reasonably believe it is necessary to protect against imminent unlawful force. Deadly force is allowed only when the person reasonably believes they face imminent death or serious bodily harm, subject to jurisdictional limits.

What is the insanity defense?

Insanity excuses criminal liability in limited circumstances when, because of mental disease or defect, the defendant lacked the capacity required by the governing insanity test, such as M'Naghten or the MPC formulation.

How does mistake of fact operate in criminal law?

For specific-intent crimes, any mistake of fact that negates the required intent is a defense, even if unreasonable. For malice and general-intent crimes, the mistake usually must be reasonable. Mistake is generally no defense to strict liability crimes.

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Criminal Law MBE Flashcards | Bar Exam Prep | Critical Pass Flashcards

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Criminal Law MBE Flashcards | Bar Exam Prep | Critical Pass Flashcards

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Study 100 Criminal Law MBE flashcards covering mens rea, homicide, inchoate crimes, accomplice liability, property offenses, sex crimes, and defenses. Built for bar exam review with concise, high-yield rules.

MBE Bar Exam Prep

Criminal Law | MBE Subject | Critical Pass Flashcards

100 high-yield Criminal Law flashcards built for efficient bar review. Study the core rules on actus reus, mens rea, homicide, inchoate crimes, accomplice liability, property offenses, sex crimes, and defenses — without thin filler or duplicate fluff.

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