Law School Resources
A. A state acquires
jurisdiction to try a crime if that state is the
situs of the crime. The situs means
1. the conduct
happened in the state
2. the result
occurred in the state.
B. Crimes of
omission: jurisdiction is where the act should have
there is no merger of law.
solicitation and attempt merge into the
substantive offense. The ironic but complete
defense to attempting a crime is completing it.
does NOT mercy with the substantive offense. You
can be convicted of conspiring to do something and
with doing it.
III. Elements of Crime
1. Act or
a) Act – any
bodily movement. Watch for those that do not
qualify for criminal liability:
(1) Conduct that
is not the product of your own volition. Ex:
someone pushes you.
(2) A reflexive
or convulsive act. Ex: epileptic seizure. –OR-
(3) An act
performed while you are unconscious or asleep. Ex:
sleep walking. Falling asleep at the wheel does not
fall under this exception.
b) Omission –
There is no legal duty to rescue, but there is a
legal duty to act in 5 situations:
(1) By statute,
e.g., filing taxes
(2) By k, e.g.,
nurse or lifeguard
(3) B/c of the
relationship b/w the parties, e.g., parent/child,
(4) *B/c of your
voluntarily assuming a duty of care toward someone
else, then failing to perform it. Ex: start saving
someone who is drowning. You have a duty to finish
(5) Legal duty to
act where your conduct created the peril, e.g., you
push someone in a pool.
2. Mental State
[usually 10 questions]
4 mental states
intent – qualifies for additional defenses not
available for other kinds of crime (memorize these,
(2) Malice -
there are only two malice crimes:
intent – catch-all category. Virtually every crime
in the AL Code. E.g., rape, battery.
liability – the “no intent” crimes. Any defense
that negates intention cannot be a defense to a no
(1) The 3
(a) If just
“murder” on the exam, they are referring to CL
murder, or murder in the 2d degree. This is a
malice crime, not a specific intent crime.
(b) If you see “1st
degree murder”, it is a specific intent crime and
you should use the additional specific intent
defenses to reduce this specific intent crime to a
malice crime of murder.
(3) Assault (see
(4) All CL
felonies against property
The Malice Crimes
– all other crimes not so far mentioned are general
intent crimes (unless they qualify for the strict
liability formula, below).
intent – X intended to shoot A, but he missed
and hit B. The intent to kill A is transferred to
govern the death of B. Guilty of murdering
(a) There are 2
crimes that fit here, attempted murder and murder.
Why don’t these merge? Never merge crimes that have