HOW TO ANSWER A CRIMINAL LAW BAR EXAM ESSAY QUESTION

What should you do you when given an essay about a crime? You should not just regurgitate the canned rule. You have to analyze the crime’s general elements.

Common law murder is the unlawful killing of another with malice aforethought. Actus reus, mens rea, concurrence, and causation must exist for a defendant to be convicted of a crime. You’ll need the definitions of each of the general elements too. I just don’t want to take too much time spelling out the definitions here. If you don’t know what I’m talking about, you may need a QList. So…

WHAT DO YOU INCLUDE IN A CRIMINAL LAW BAR EXAM ESSAY QUESTION?

Review our first Law Tales to learn the answer.

Photo by Lorenzo Nafissi on Unsplash

Death by Spades

Rain lashed against the grimy windowpanes of Joe's Diner, the neon sign outside flickering in the downpour. Inside, the air hung thick with the aroma of stale coffee and greasy burgers.

Sarah, a young waitress with tired eyes, refilled the coffee pot, her gaze lingering on a solitary figure huddled in the corner. It was Henry "Hack" Jackson, a notorious local gambler with a reputation for shady dealings and an even shadier temper.

Tonight, Hack was uncharacteristically subdued, nursing a lukewarm slice of apple pie. Sarah knew better than to bother him.

A few hours later, as the rain finally dropped to a stop and the last stragglers shuffled out, Sarah found Hack slumped over his table, a single playing card clutched in his lifeless hand: the Ace of Spades.

Panic surged through her. She stumbled back, knocking over a glass of water that shattered on the floor.

The police arrived.

Detective Miller surveyed the scene. Hack's face contorted in a permanent grimace, his eyes wide open.

There were no signs of struggle, no forced entry. Just Hack, a spilled drink, apple pie, and the Ace of Spades.

The cause of death, according to the preliminary report, was a single, clean bullet wound to the temple.

The investigation unfolded quickly. Sarah, the only witness, recounted her encounter with Hack earlier that evening. He seemed down, she said.

There were no fingerprints on the murder weapon, a rare, unregistered pistol, found discarded in an alley behind the diner.

"Looks professional," Miller muttered, examining the gun. "Not an amateur job."

Days turned into weeks, and the investigation stalled.

The lack of a murder weapon, witnesses, or clear motive left Miller and his partner, Detective Williams, frustrated.

One evening, scouring old case files, Williams stumbled on a dusty folder labeled "The Spades Case."

It detailed the unsolved murder of a rival gambler, "Lucky" Lewiston, five years ago.

Lewiston was found dead in a similar fashion – a single bullet wound, an Ace of Spades clutched in his hand, and no clear leads.

Whispers of a phantom killer, "The Ace of Spades," circulated amongst the city's underworld, but the case went cold.

Whispers that Hack was The Ace of Spades.

Suddenly, a pattern emerged.

Both victims, Hack and Lewiston, were heavily involved in a high-stakes poker game scheduled for the night after Hack's murder.

The winner, according to rumors, would gain control of a lucrative illegal gambling ring.

And the winner?

Sarah, the seemingly innocent waitress.

Miller and Williams brought Sarah in for questioning. The read gave her Miranda warnings. She reluctantly agreed to talk and signed the waiver.

Nervous and fidgety, Sarah revealed a hidden past. She was no waitress; she was Lewiston's estranged daughter, skilled with firearms and desperate for revenge.

Confronted with the evidence, Sarah confessed.

She admitted waiting for Hack after closing time, luring him into a secluded corner with a story about a hidden stash of cash. When he was distracted, she pulled out the gun and fired a single shot. The Ace of Spades, her calling card for revenge fulfilled

So, did Sarah commit common law murder? Let's analyze the elements of a crime using the facts of the case:

• Actus Reus (Guilty Act): Sarah's act of firing the gun was not a reflex, which fulfills the actus reus element.

• Mens Rea (Guilty Mind): Sarah's desire to kill Hack, fueled by her revenge, satisfies the mens rea element.

• Concurrence: Both the act (shooting) and the intent (killing) occurred simultaneously, fulfilling the concurrence element.

• Causation: Sarah's action, the gunshot wound, directly caused Hack's death, fulfilling the causation element.

Based on this analysis, Sarah meets all the elements of murder. Right?

Now you know that you should analyze each of the general elements of the crime.

If you find this sort of content helpful, let me know in the comments below. What would you like to see in future installments of Law Tales?

❤️ Michele