BLL Crim Law

Question 1

what are the specific intent crimes?

Answer 1

Burglary
Attempt
Murder

Assault
Conspiracy
Theft
Solicitation

Question 2

what are the general intent crimes?

Answer 2

battery
rape
kidnapping
false imprisonment

Question 3

what are the malice crimes?

Answer 3

CL murder
arson

Question 4

what are the SL crimes?

Answer 4

statutory rape
selling liquor to minors
bigamy

Question 5

what is the purposely state of mind?

Answer 5

conscious object to engage in prescribed conduct

Question 6

define the knowingly mens rea

Answer 6

awareness that conduct is of a particular nature or will cause a particular result

Question 7

define reckless mens rea (MPC)

Answer 7

consciously disregarding a substantial and unjustifiable risk

Question 8

define negligence (MPC)

Answer 8

failure to be aware of a substantial and unjustifiable risk

Question 9

What is a principal liable for?

Answer 9

the principal crime

Question 10

what is an accomplice liable for (or accessory before the fact)?

Answer 10

principal crime if accomplice intended to aid or encourage the crime

Question 11

what is the purposely state of mind?

Answer 11

conscious object to engage in prescribed conduct

Question 11

what is an accessory after the fact liable for?

Answer 11

liable for separate, less serious crime of being an accessory after the fact

Question 12

what inchoate crimes merge?

Answer 12

solicitation and attempt

Question 13

what is an accessory after the fact liable for?

Answer 13

liable for a separate, less serious crime of being an accessory after the fact

Question 14

define murder

Answer 14

unlawful killing of another human being with malice aforethought

Question 15

what is the purposely state of mind?

Answer 15

conscious object to engage in prescribed conduct

Question 16

define first degree murder

Answer 16

1. felony murder
2. deliberate and premeditated murder

Question 17

define first degree murder

Answer 17

deliberate and premeditated murder, includes felony murder

Question 18

define second degree murder

Answer 18

killing done w/ reckless indifference to an unjustifiably high risk to human life

Question 19

what is the purposely state of mind?

Answer 19

conscious object to engage in prescribed conduct

Question 20

felony murder

Answer 20

any death caused in the commission or or in attempt to commit a felony

Question 21

what felonies are included under the felony murder rule at CL?

Answer 21

Burglary
Arson
Rape
Rrobbery
Kidnapping

Question 22

define voluntary manslaughter

Answer 22

killing that would be murder but for the existence of adequate provocation

Question 23

when is provocation adequate to decrease murder to voluntary manslaughter?

Answer 23

1. provocation that would arouse a sudden and intense passion int he mind of an ordinary person, causing them to lose self control
2. D was in fact provoked
3. not sufficient time between provocation and killing for a reasonable person to calm down
4. D in fact did not cool off

Question 24

define involuntary manslaughter

Answer 24

a killing committed w/ criminal negligence (recklessness standard under MPC) (failure to be aware of a substantial and unjustifiable risk)

Question 25

define criminal battery

Answer 25

unlawful application of force to the person of another resulting in either bodily injury or offensive touching

Question 26

define criminal assault

Answer 26

1, an attempt to commit a battery OR 2. intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 27

define criminal false imprisonment

Answer 27

unlawful confinement of a person without the person's valid consent

Question 28

define kidnapping

Answer 28

unlawful confinement that involves movement of the victim or concealment of the victim

Question 29

define larceny

Answer 29

a taking and carrying away of tangible personal property of another by trespass with intent to PERMANENTLY deprive

Question 30

define embezzlement

Answer 30

fraudulent conversion of personal property of another by a person in lawful possession fo that prop

Question 31

define the crime of false pretenses

Answer 31

obtaining TITLE to personal prop of another by an intentional false statement with intent to defraud

Question 32

DEFINE THE CRIME OF LARCENY BY TRICK

Answer 32

tricking victim into giving up CUSTODY OR POSSESSION or prop

Question 33

define robbery

Answer 33

a taking of personal prop of another from the person's presence or person by force of threats of imminent force with the intent to permanently deprive

Question 34

define burglary at CL

Answer 34

a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony therein

Question 35

define arson at CL

Answer 35

malicious burning of the dwelling of another

Question 36

what is the M'Naughten rule for the insanity defense?

Answer 36

a D is entitled to acquittal only if, because of their mental illness, they were unable to control their actions or conform their conduct to the law

Question 37

what is the Durham test for insanity?

Answer 37

a D's crime was the product of their mental illness

Question 38

what is the MPC test for insanity?

Answer 38

id D had a mental disease or defect, and, as a result, they lacked substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the reqs of the law

Question 39

when is voluntary intoxication a defense?

Answer 39

only to specific intent crimes BAM ACTS

Question 40

when is involuntary intoxication a defense?

Answer 40

all crimes

Question 41

is a mistake of law a defense to a crime?

Answer 41

no

Question 42

what is the purposely state of mind?

Answer 42

conscious object to engage in prescribed conduct

Question 43

what is the purposely state of mind?

Answer 43

conscious object to engage in prescribed conduct

Question 44

what is the purposely state of mind?

Answer 44

conscious object to engage in prescribed conduct