Criminal Law Attack Sheet for the Florida Bar Exam

# Florida Bar Exam Criminal Law Attack Sheet

## I. Overview of Florida Criminal Law
– Sources of Law: Florida Statutes, Florida Standard Jury Instructions, and Case Law
– Substantive vs. Procedural Law
– Florida Criminal Offenses: Felonies, Misdemeanors, and Noncriminal Violations
– Burden of Proof: Beyond a Reasonable Doubt
– Principle of Legality: No Common Law Crimes in Florida

## II. Actus Reus (The Criminal Act)
– Voluntary Act or Omission when there is a legal duty
– Possession as an Act (Actual, Constructive, Joint)
– Omissions as a Basis for Liability (Legal Duty to Act)

## III. Mens Rea (The Mental State)
– General Intent vs. Specific Intent
– Transferred Intent Doctrine
– Strict Liability Offenses (no mens rea required)
– Levels of Mens Rea in Florida: Intentionally, Knowingly, Recklessly, Negligently

## IV. Causation
– Factual Cause (But-for Test)
– Legal Cause (Proximate Cause)
– Intervening Causes (Superseding vs. Concurrent)

## V. Homicide
– First-Degree Murder (Premeditated, Felony Murder)
– Second-Degree Murder (Depraved Heart, Accompanying Felony)
– Third-Degree Murder (Unintended Killing During Commission of Non-enumerated Felony)
– Manslaughter (Voluntary, Involuntary)
– Justifiable Homicide (Self-defense)
– Excusable Homicide (Accident, Heat of Passion)

## VI. Other Crimes Against Persons
– Assault and Aggravated Assault
– Battery and Aggravated Battery
– False Imprisonment
– Kidnapping
– Robbery
– Sexual Battery

## VII. Inchoate Offenses
– Attempt
– Solicitation
– Conspiracy
– Withdrawal and Abandonment as Defenses

## VIII. Accomplice Liability
– Principals (Actual Perpetrators, Constructive Principals)
– Accessories (Before the Fact, After the Fact)
– Vicarious Liability

## IX. Defenses to Criminal Liability
– Justifications (Self-defense, Defense of Others, Defense of Property)
– Excuses (Insanity, Involuntary Intoxication, Duress, Necessity)
– Procedural Defenses (Statute of Limitations, Double Jeopardy, Speedy Trial)

## X. Crimes Against Property
– Burglary
– Theft and Grand Theft
– Robbery
– Arson
– Criminal Mischief
– Trespass

## XI. White Collar Crimes and Fraud
– Fraud
– Embezzlement
– Forgery
– Bribery

## XII. Drug Offenses
– Possession
– Sale and Delivery
– Trafficking
– Manufacturing

## XIII. Weapons Offenses
– Carrying Concealed Weapon
– Improper Exhibition of Firearm
– Possession of Firearm by Convicted Felon

## XIV. Defenses to Specific Crimes
– Review specific defenses to crimes not covered above (e.g., entrapment for drug offenses)

## XV. Sentencing
– Florida Sentencing Guidelines
– Determinate vs. Indeterminate Sentencing
– Death Penalty Issues
– Habitual Offender and Three Strikes Laws

## XVI. Constitutional Issues
– Fourth Amendment (Search and Seizure)
– Fifth Amendment (Self-Incrimination, Miranda Rights)
– Sixth Amendment (Right to Counsel, Speedy and Public Trial)
– Eighth Amendment (Cruel and Unusual Punishment)

## XVII. Application: Practice Analysis
– Identify the elements of the crime
– Determine the applicable defenses
– Evaluate the conduct of law enforcement
– Consider any constitutional challenges
– Apply facts to the law in a clear and organized manner

Remember, the Florida Bar Exam may have nuances specific to Florida law, so it’s critical to reference the Florida Statutes and recent case law when preparing. This attack sheet is not exhaustive but provides a structured framework to approach criminal law questions on the Florida Bar Exam.

Discover more from Legal Three

Subscribe now to keep reading and get access to the full archive.

Continue reading