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Criminal Law

Criminal Law and Procedure Attack Outline

MBE: ~40% Constitutional Protection, ~40% General Principles (acts, omissions, responsibility, causation). Crime requires Duty, mental state, act.

I. Homicide

A. Murder

  • Premeditated Murder: Unlawful killing with malice aforethought or premeditation deliberation (conscious thought). Malice: intent to kill, injure, or cause serious bodily harm. Provocation may negate premeditation.
  • Felony Murder: Unintentional killing during serious felony
  • foreseeable death. Felonies: Burglary, Arson, Rape, Robbery, Kidnapping. Guilty of underlying felony required; co-felons liable if death foreseeable. Not based on felony assault/battery (merger).
  • Depraved Heart Murder: Unintentional killing
  • reckless conduct involving extremely high risk of death.

B. Ma

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