Crim!

Question 1

Merger

Answer 1

Solication mergers with conspiracy, and underlying
Conspiracy does not merge
Attempt will merge with underlying

Question 2

Specific intent crimes

Answer 2

Soliciation, Conspiracy, Attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

SCA

FA

LEF

RB

F

Question 3

MPC recklessness: consciously disregarding substantial and unjustifable risk

MPC negligence: failure to be aware fo a substantial and unjustifiable risk

Question 4

Accomplice liability

Answer 4

(i) intent to assist principal and (ii) intent that principle commit underlyng crime
(ii) aids, counsels, advises, or encourages before or during teh commission of the crime

Question 5

criminal negligence

Answer 5

(1) fails to be aware of a substantial and unjustifiable risk
(ii) failure constitutes a substantial deviation from standard of care that RP would have eercised

Question 6

Trasnferred intent

Answer 6

applies to homicide, battery, arson only

Question 7

Liable for co-conspirator if

Answer 7

in furtherance of conspiracy and f

forseeable

Question 8

Conspiracy - withdrawal

Answer 8

can’t withdraw from conspiracy, can withdraw from crimes commited in furtherance

Question 9

Third party deaths in felony murder

Answer 9

Proximate case: D liabile for death of third parties caused by smomoen OTHER than co-felon (but for the commission of that felony, person would still be alive)

Agency theory: D only liable for deaths caused by co-felon

NOT liable for death of co-felon

Question 10

Murder + imperfect self-defense; murder but provocation

Answer 10

voluntary manslaughter!

Question 11

car driving negligently?

Answer 11

involuntary manslaughter - criminal negligence

misdemeanor manslaughter - involunatary also

Question 12

Murder requires causation

Answer 12

proximate (natural and forseeable)
but-for

simultaenous acts of two or more persons may be independently sufficient causes of a single result

D poisoned V, but V died of cancer first - D not guilty, unless sped up something that was bound to happen

UNforseeable risk can break causation (negligent medical care, refusal of medical treatment are forseeable)

Question 13

‘first degree premeditated and alcohol

Answer 13

drops to second-degree murder

Question 14

robbery

Answer 14

Rotaking personal property of another from their person or precense (including visciniity! - e.g., purse on subwy car next to)
by force or threats of immediate injury with intent to permanently deprive

force = used to gain possession or immediatley keep possession

Question 15

M’N

Answer 15

does not know what is wrong or does not understand actions

Question 16

irresistable impusle

Answer 16

can’t ressist impulse

Question 17

MPC

Answer 17

lack substantial capacity to confirm conduct to requirement sof law or appreciate the criminality of their conduct

Question 18

self-defense

Answer 18

without fault, confronted with unlawful force, reasonably believes that they are threanted with imminet death or great bodily harm

Question 19

probable cause definition

Answer 19

trusthworthy facts or knowledge sufficient for reasonable prson to believe that suspect has committed or is commiting a crime of rhwihc arrest is authroized by law

Question 20

Cars - search incident to lawful arrest

Answer 20

(1) unsecured or (2) reason to believe evidence in car

Can look in passenger compartment

Question 21

automobile exception

Answer 21

probable cause contains evidence

can look anywhere in car where item could be found (including trunk)

Question 22

automobile stopped to issue citation

Answer 22

if believe detainedd is armed and dangerous, can search anywhere in passenger compartment where there could be a weapon

Question 23

Terry stop

Answer 23

reasonable beleivf and articularble suspicion

Question 24

right to speedy trial

Answer 24

defendant has to be arrested or charged

Question 25

right to counsel for NON felony violated AT trial

Answer 25

if D asks for counsel, is denied, and is convicted, right to counsel violatino depends on sentence: if no impisonment, rights haven't been violated. if imprisonment, has been Felony; always violated

Question 26

ineffective assistance claim

Answer 26

(1) deficiency and | (2) reasonable probability that but for deficiency, result would have been different

Question 27

confrontation?

Answer 27

cirminal D, unaviaable, witness, right to cross-examine Prior testimonial evidence (preliminary hearing, grand jusry, former trial, police interrogation, except ongoing emergency)

Question 28

right to jury

Answer 28

serious offenses - impirsonment more than 6 months possible

Question 29

guilty plea

Answer 29

knowing and voluntary, intelligent Judge must address D to ensure knows nature of charte, max possible charge, righ tot pelad not guilty, righ tot wavie tria,

Question 30

guilty plea impacts

Answer 30

does not waive 4th amendment claims in civil damages does not admit legality of incriminating evidence can be used as a conviction in other proceedsings

Question 31

plea bargaining

Answer 31

judge does not have to accept | not involuntariy just becuase prosecution threatened ot charge with more serious crime

Question 32

sententing

Answer 32

D has righ tot counsel

Question 33

Double jeopardy

Answer 33

attaches in jury trial at empaneling and swearing of jury | in bench trial - first witness sworn

Question 34

if defendant elects for separate trials of offenses

Answer 34

double jealpardy doe snot apply

Question 35

DJ

Answer 35

f breach plea agreement, can bring charges again (e.g., testimony in exchange for lower offense)

Question 36

Depraved heart murder

Answer 36

life endangering conduct (objective) | consicous disregard for human life/reckless indifference to human life

Question 37

CL crim negligence

Answer 37

requires deviation from standard of care RP would have exericsed + failure to be aware of substantial and unjustifiable risk

Question 38

felony murder

Answer 38

death caused whiel fleeing (but not at place of safety) counts as socmmission of the felony

Question 39

larceny

Answer 39

if later change your minda nd return it, still gulty of lareeny

Question 40

self-defense

Answer 40

justification - wont' be liable at all if ALL elements are met