Crim

Question 1

Under Common law, the elements of conspiracy consist of

Answer 1

(1) an agreement between two or mroe persons
(2) an intent to enter into the agreement
(3) an intent to achieve the objective of the agreement

unlike common law, majority of states require an overt act but an act of mere prep will suffice

Question 2

For the crime of conspiracy, which statement best describes the necessary intent

Answer 2

the intent to agree AND the intent to achieve the objective of the conspiracy

Question 3

An accused can be convicted of both conspiracy AND the ____ BUT an accused cannot be convicted of either ___ or _____ and the principal offense

Answer 3

principal offense

attempt OR solicitation

Question 4

When can a conspirator be convicted of a crime committed by another conspirator?

Answer 4

(1) if the crimes were committed in furtherance of the objectives of the conspiracy AND
(2) the crimes were foreseeable

Question 5

At common law, the conspiracy was compelte when the agreement with the requisite intent was reached. The majority rule followed by most states is that an act _______ must be performed

Answer 5

in furtherance of the conspiracy

Question 6

if you are operating under the majority rule that requires an agreement plus an overt act, any _____ can be an overt act in furterance of the conspiracy, even an act of _____

Answer 6

little act

mere preparation

Question 7

to have a conspiracy, there must be an agreement to reach an ______

Answer 7

UNLAWFUl objective

Question 8

the merger rule at common law meant that if a person was engaged in conduct constituting both a felony and a misdemeanor, they could be convicted ONLY of

Answer 8

the felony. The misdemanor merged into the felony

Question 9

Can someone who solicits to commit a crime be charged with BOTH solicitation and the completed crime?

Answer 9

NO

Question 10

Can a person be convicted of BOTH attempt and the completed crime?

Answer 10

no

Question 11

BUT for conspiracy, can a person be convicted of both conspiracy and the crime (i.e., convicted of both robbery and conspiracy to commit robbery)

Answer 11

yes

Question 12

what are the 3 inhocate crimes?

Answer 12

conspiracy
attempt
solicitation

SAC

Question 13

under the MPC, can a defendant be convicted of more than one incohate crime when their conduct was designed to culminate in the commission of the same offense?

Answer 13

no

Question 14

felonies are generally punisihable by death of imprisonment for

Answer 14

more than one year

other crimes are misdemeanors

Question 15

A crime almost always requires proof of

Answer 15

• a physical act (actus reus)
• a mental state (mens rea), and
• a concurrence of the act and metnal state

Question 16

is doing somethign while unconscious voluntary?

Answer 16

NO that is not considered an “act” for actus reus

BUT the only exception would be of the D knew they were likely to be unconscious and commit the act, but this situation would have to be presented in the facts

Question 17

the failure to act (omission) gives rise to liability ONLY if

Answer 17

(1) there is a legal duty
(2) the D has knowledge of the facts giving rise to the legal duty
(3) it is reasonably possible to perform the duty

Question 18

a legal duty to act can arise from one of 5 circumstances

Answer 18

(1) by statute
(2) contract
(3) the relationship between the parties (parent/ spouse has duty to protect a child/spouse from harm
(4) the voluntary assumption of care by D for victim
(5) D created the peril for victim

Question 19

for an omission to be a criminal act, there must be a ___ to act!

Answer 19

duty

Question 20

Specific intent crimes:

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Answer 20

• Solicitation
• Conspiracy
• Attempt
• First degree premeditated murder
• assault
  -larceny
  -embezlement
  -false pretenses
  -robbery
• burglery
  -forgery

Question 21

What is the importance of “specific intent” crimes

Answer 21

these crimes will qualify for ADDITIONAL DEFENSES not available for other types of crimes

Question 22

the intent necessary for MALICE crimes (common law murder and arson) requires a

Answer 22

reckless disregard of an obvious or high risk that the particular harmful result will occur

Question 23

Do defenses to specific intent crimes (like voluntary intoxication) apply to malice crimes?

Answer 23

no

Question 24

general intent means awareness of

Answer 24

factros contributing to the crime

Question 25

a jury may ____ the required general intent merely from the doing of the act

Answer 25

infer

Question 26

a strict liability or public welfare offense is one that does NOT require _______. So the D can be found guilty from the mere fact they commited the act

Answer 26

awareness of all the factors constituting the crime

Question 27

If you see a crime that is in the administrative, regulatory, or morality area, and there are no adverbs like “knowingly”, ‘willfully” or “intentinally” then that statute is one that is

Answer 27

strict liability

Question 28

which crimes have general intent

Answer 28

• battery
• rape
  -kidnapping
  -false imprisonment

FiK
Bat rap

Question 29

Malice required in

Answer 29

common law murder and
arson

M-AC

Question 30

MPC eliminates the common law distinctions b/w general and specific intenet and adopts the following categories of intent

Answer 30

• purposefully
• knowingly
• recklessly

Question 31

when a statute requires that the D act purposely, knowingly, or recklessly, a _____ standard is used

Answer 31

subjective

Question 32

a person acts negligently when they fail to be aware of a

Answer 32

substantial and unjustifible risk

Question 33

negligence is governed by a ___standard

Answer 33

objective

Question 34

the doctrine of transferred intent applies to

Answer 34

homicide
battery
arson

BAH

it does NOT apply to attempt

Question 35

some crimes (like homicide) require result and ___-

Answer 35

causation

Question 36

A person who effectively withdraws from a crime before it is committed will be held guilty as an

Answer 36

accomplice

Question 37

withdrawal must occurr ____ the crime becomes unstoppable

Answer 37

BEFORE

Question 38

to properly withdraw, if a person encouraged the crime, the person must ______ the encourageemnt

Answer 38

repudiate

Question 39

a mere withdrawal from involvement WITHOUT taking ADDITIONAL action is

Answer 39

not sufficient