Bar Anxiety

Criminal Law Factoids I Keep Forgetting!!!

SELF-DEFENSE

Retreat is only required by NEW YORK and a minority of jurisdictions. The MAJORITY/MBE RULE is that RETREAT IS NOT REQUIRED WHEN ATTACKED WITH DEADLY FORCE!

INSANITY TESTS

Irresistable Impulse: Because of mental illness, defendant was unable to control his actions or conform his conduct to the law.

Durham: The crime was a product of mental disease or defect. But for the mental illness, he would not have committed the crime.

M'Naghten: The mental disease of defect caused the defendant to not know that his act would be wrong or not understand the nature and quality of his action.

MPC: The mental disease of defect resulted in a lack of substantial capacity to either 1) appreciate the criminality of his conduct (a la M'Naghten) or 2) conform his conduct to the requirements of law. (a la Irresistable Impulse).

CONSTITUTIONAL REQUIREMENTS BINDING ON STATES

The Fourth, Fifth, Sixth, Eight Amendment rights are binding on the states through the Fourteeth Amendment.

GODDAMMIT I AM GOING TO FAIL THE BAR EXAM.