Criminal Law SSG // Week 8 (I think) – Wednesday October 21

Midterm Review
Leben suggests you divide your about equally between (a) thinking and outlining and (b) writing.

Orphan Annie grew up in an orphanage. The orphanage was run by Miss Hannigan, who tormented the
orphans by telling them no one loved them and forcing them to clean the bathrooms. Years later, Annie
is in law school and has a professor, Professor Jones, who looks a little like Miss Hannigan. One day in
class, Professor Jones says aloud in class that “no one loves orphans.” Annie snaps, reacting with strong
but silent anger. When class ends, 30 minutes later, Annie walks up to Professor Jones and stabs her.
Professor Jones dies from the injuries.

What offenses might Annie be convicted of under the common law and the Model Penal Code?

Main Issues when outlining – what is this question looking for? How should it be organized?

Option #1 – Divide by murder and manslaughter

1. Introduction
a. No degrees of murder (for common law or MPC)
b. Mention how the MPC & common law differ in their approach to defining murder and
their approach to mitigation.
2. Murder – Common law
a. Start with introduction/state the law
i. Under the common law, murder is:
1. The unlawful killing of a human being (actus reus)
2. With malice aforethought (mens rea)
a. Cases to illustrate?
b. Apply the facts to the law
3. Murder – MPC
a. State the law
i. Under the MPC, murder is:
1. A killing
2. Done purposefully or knowingly
a. Purposefully definition under 2.02(a)
b. Cases to illustrate?
b. Apply the facts to the law
4. Under both the common law and MPC, an intentional murder can be mitigated to a lesser
offense. differences are…
5. Manslaughter – Common Law
a. Talk about pigeon holes
b. Words alone do not suffice
i. Cases to illustrate?
c. Too much time
i. Cases to illustrate?
6. Manslaughter – MPC
a. No pigeon holes
b. Extreme emotional disturbance
i. Any cases that illustrate?
ii. Jury question
iii. Maybe not the best defense?

This is not a substitute for attending lectures or completing the assigned readings. This handout is created solely
to assist students in reviewing concepts.
 Criminal Law SSG // Week 8 (I think) – Wednesday October 21

Option #2 – Divide by Common Law // MPC

2. Introduction
a. No degrees of murder
b. Mention how the MPC & common law differ in their approach to defining murder and
their approach to mitigation.
3. If this jurisdiction was following the common law, this is my analysis, blah blah
a. Murder – Common law
i. Start with introduction/state the law
1. Under the common law, murder is:
a. The unlawful killing of a human being (actus reus)
b. With malice aforethought (mens rea)
i. Cases to illustrate?
ii. Apply the facts to the law
b. Manslaughter – Common Law
i. Talk about pigeon holes
ii. Words alone do not suffice
1. Cases to illustrate?
iii. Too much time
1. Cases to illustrate?
4. However, if this jurisdiction had fully enacted the MPC, the court will likely find…
a. Murder – MPC
i. State the law
1. Under the MPC, murder is:
a. A killing
b. Done purposefully or knowingly
i. Purposefully definition under 2.02(a)
c. Cases to illustrate?
c. Manslaughter – MPC
i. No pigeon holes
ii. Extreme emotional disturbance
1. Any cases that illustrate?
2. Jury question
3. Maybe not the best defense?

Drug Offenses Review – Possession of a controlled substance 871-894

Proving Constructive Possession
 In general
o All States criminalize the possession of a controlled substance
 Elements of unlawful possession of a controlled substance
o

 Actual Possession
o

This is not a substitute for attending lectures or completing the assigned readings. This handout is created solely
to assist students in reviewing concepts.
 Criminal Law SSG // Week 8 (I think) – Wednesday October 21

 Constructive Possession
o

o In re K.A.


o Sierra v. State (prosecution for drug trafficking by possession)



o Constructive Possession of multiple parties.

 Cottman v. State


Mens Rea as to Drug Types and Quantities

 In General
o

 U.S. v. De La Torre


o Quantity
 Whitaker v. People

This is not a substitute for attending lectures or completing the assigned readings. This handout is created solely
to assist students in reviewing concepts.
 Criminal Law SSG // Week 8 (I think) – Wednesday October 21

This is not a substitute for attending lectures or completing the assigned readings. This handout is created solely
to assist students in reviewing concepts.