Criminal Law Mnemonics & Memory Aids

The Model Penal Code's four levels of culpability, from most to least blameworthy. The MPC hierarchy is: Purpose > Knowledge > Recklessness > Negligence.

• Purpose — conscious object to engage in the conduct or cause the result
• Knowledge — awareness that conduct is of a particular nature or that a result is practically certain
• Negligence — should be aware of a substantial and unjustifiable risk (objective standard)
• Recklessness — conscious disregard of a substantial and unjustifiable risk (subjective standard)

Four of the most commonly tested affirmative defenses in criminal law. Each completely negates criminal liability if successfully established.

• Duress — defendant committed the crime under threat of imminent death or serious bodily harm (not available for murder)
• Insanity — defendant lacked mental capacity (M'Naghten, irresistible impulse, Durham, MPC substantial capacity)
• Necessity — lesser evil chosen to prevent a greater harm (objective balancing, no fault in creating the situation)
• Entrapment — government induced the defendant to commit a crime they were not predisposed to commit

Mnemonic for organizing the spectrum of criminal homicide from most to least culpable.

• Murder (first degree) — premeditated and deliberate killing
• Murder (second degree) — depraved-heart murder (extreme recklessness manifesting indifference to human life)
• Felony murder — killing during the commission of an inherently dangerous felony (BARRK: Burglary, Arson, Robbery, Rape, Kidnapping)
• Involuntary manslaughter — criminal negligence or misdemeanor-manslaughter
• Voluntary manslaughter — heat of passion killing (adequate provocation, no cooling off)
• Each type has distinct mens rea and potential sentencing ranges

The three inchoate (incomplete) crimes. Each punishes conduct that falls short of completing the target offense.

• Attempt — substantial step toward completing the crime with specific intent (MPC) or dangerous proximity (common law)
• Conspiracy — agreement between two or more persons to commit a crime, plus an overt act (MPC requires overt act; some common law jurisdictions do not)
• Solicitation — asking, encouraging, or requesting another person to commit a crime

The traditionally enumerated inherently dangerous felonies that support felony murder liability. These are the most commonly tested felonies that serve as predicates.

• Burglary
• Arson
• Robbery
• Rape
• Kidnapping

The four tests for the insanity defense used across various jurisdictions. Know which test applies in the jurisdiction being tested.

• M'Naghten — did not know the nature and quality of the act, or did not know it was wrong
• Irresistible impulse — could not control actions even if knew act was wrong
• Durham (product test) — the crime was a product of mental disease or defect (rarely used)
• MPC substantial capacity — lacked substantial capacity to appreciate criminality or conform conduct to law

The common law elements of burglary. Modern statutes have broadened many of these requirements.

• Breaking — creating an opening or enlarging an existing one
• Entering — any part of the body or an instrument enters the structure
• Nighttime — traditionally required at common law (most modern statutes drop this)
• Dwelling — the structure must be a dwelling house of another (modern statutes expand to any structure)
• Intent to commit a felony inside at the time of entry (specific intent crime)

Robbery is essentially larceny plus two aggravating factors. Understanding the elements distinguishes robbery from larceny and extortion.

• Taking — trespassory taking and carrying away of personal property
• Another's property — the property must belong to someone else
• Force or threat of immediate force — violence or intimidation applied to the victim
• Presence — the taking must be from the victim's person or presence

To be liable as an accomplice, a person must satisfy these requirements. Mere presence at the scene is insufficient.

• Act of assistance — the accomplice must actually aid, abet, counsel, or encourage the principal
• Active participation — more than mere presence or knowledge
• Intent — dual intent: intent to assist and intent that the principal commit the crime
• Mens rea — accomplice must have the same mens rea required for the underlying offense

The elements of common law larceny. Distinguish from embezzlement (lawful possession) and false pretenses (title passes).

• Trespassory taking — without consent or authority
• Carrying away (asportation) — even slight movement suffices
• Another's personal property
• Purpose to permanently deprive — specific intent to steal (intent to borrow and return is not larceny)

The requirements for a valid claim of self-defense. Deadly force has additional restrictions.

• Reasonable belief of imminent threat of harm
• Imminent — the threat must be immediate, not future
• Necessary — force used must be no more than necessary to counter the threat
• Duty to retreat — in retreat jurisdictions, must retreat if safe to do so before using deadly force (except in one's home under the castle doctrine)