Memory tricks for criminal law

Q: What does MA + AC stand for and explain the elements of a crime?

A: MA + AC (Mens Rea + Actus Reus + Attendant Circumstances): the building blocks of every crime. Actus Reus (guilty act): the voluntary physical act (or omission where there is a legal duty) that constitutes the criminal conduct. Involuntary acts (reflex, seizure, sleepwalking, hypnosis) are NOT actus reus. Omissions create liability only where a legal duty exists: statute (required by law to act), contract (lifeguard), relationship (parent to child), voluntary undertaking (began rescue and abandoned it), or created the peril. Mens Rea (guilty mind): the mental state required for the crime (see PKRN). Strict liability crimes require NO mens rea — typically regulatory offenses (traffic violations, statutory rape in some states, selling alcohol to minors). Attendant Circumstances: additional facts that must exist for the crime to be committed (e.g., for receiving stolen property: must know goods are stolen). Causation: defendant's act must be the actual cause (but-for) AND proximate cause (foreseeable, not broken by a superseding intervening cause) of the result.

Q: What does PKRN stand for and explain the MPC mental state hierarchy?

A: PKRN (Purpose, Knowledge, Recklessness, Negligence): the four mental states from the Model Penal Code (MPC), from highest to lowest culpability. Purpose (intentionally in common law): the defendant's conscious object is to cause the result or engage in the conduct — the most culpable state. Knowledge: the defendant is aware that their conduct is practically certain to cause the result — not hoping or desiring, but aware it will happen. Recklessness: the defendant consciously disregards a substantial and unjustifiable risk — the defendant is AWARE of the risk and ignores it. This is the minimum for common law murder (implied malice). Negligence: the defendant SHOULD HAVE BEEN aware of a substantial and unjustifiable risk but was not — the objective standard. Below what a reasonable person would have done. Criminal negligence requires a gross deviation from the standard. Key MPC rule: if a statute doesn't specify the mental state required, recklessness is the minimum. If a statute uses purpose, knowledge, or recklessness as to any element, it applies to all material elements unless otherwise specified.

Q: What does MIRANDA stand for and explain the 5th and 4th Amendment rights in criminal procedure?

A: MIRANDA (Must Inform Rights Before Any Questioning Done Anywhere): before custodial interrogation, police must inform suspects: (1) You have the right to remain silent. (2) Anything you say can and will be used against you in court. (3) You have the right to an attorney. (4) If you cannot afford an attorney, one will be appointed for you. Miranda warnings required when: in custody (not free to leave — objective reasonable person test) AND being interrogated (express questioning or its functional equivalent). Waiver must be knowing, voluntary, and intelligent. Invoking right to silence: police must stop questioning. Invoking right to counsel: police must stop and cannot resume without counsel present. 4th Amendment: protects against unreasonable searches and seizures. Warrant required with probable cause and particularity, OR exception applies: search incident to lawful arrest, automobile exception, plain view, consent, exigent circumstances, Terry stop (reasonable suspicion). Exclusionary rule: evidence obtained in violation of 4th or 5th Amendment is excluded from trial.

Q: What are the homicide levels (1·2·VM·MK) and what distinguishes each?

A: 1·2·VM·MK (First-degree murder, Second-degree murder, Voluntary manslaughter, Murder/involuntary manslaughter — MK/Manslaughter Killing): First-degree murder: premeditated and deliberate killing (specific intent to kill, planned in advance) or felony murder during BARRK felonies. Some states include other highly aggravated murders. Second-degree murder: intent to kill without premeditation (heat of passion without adequate cooling time), intent to cause serious bodily harm resulting in death, or depraved heart (extreme recklessness showing callous disregard for human life — pointing a loaded gun into a crowd). Voluntary manslaughter: intentional killing with adequate provocation (heat of passion with inadequate cooling time — reasonable person test). Classic provocation: catching a spouse in the act of adultery. Involuntary manslaughter: unintentional killing from criminal negligence or recklessness (misdemeanor manslaughter rule in many states). Key distinctions: premeditation separates first from second degree; heat of passion reduces to voluntary manslaughter; recklessness/negligence is involuntary manslaughter.

Q: What is the BARRK felony murder rule and what are its limits?

A: BARRK (Burglary, Arson, Robbery, Rape, Kidnapping): the predicate felonies triggering the felony murder rule — if any death occurs during the commission of or flight from one of these inherently dangerous felonies, all co-felons are guilty of murder, regardless of intent. Rationale: the law treats the intent to commit the dangerous felony as a substitute for the intent to kill. Extensions: deaths during flight count (continues until felon reaches a place of temporary safety). Deaths by police or victims: agency theory (majority) — only liable if one of the felons caused the death; proximate cause theory (minority) — liable for any foreseeable death resulting from the felony. Limits: the predicate felony must be independent of the killing (merger doctrine — assault resulting in death cannot be predicate for its own felony murder because the assault merges with the homicide). Res gestae: the killing must be in furtherance of the felony and causally connected to it. Many states have reformed felony murder to require that the defendant be present or that the death be foreseeable.