Crim

Question 1

elements of acts reus

Answer 1

o Voluntary affirmative act or failure to act when duty exists
o Causing a criminally proscribed result

Question 2

mens rea - specific intent

Answer 2

specific desire, goal or knowledge to accomplish result

Question 3

mens rea - malice crimes

Answer 3

reckless disregard of high risk of harm, no ill will required

Question 4

mens rea - general intent crimes

Answer 4

require intent to perform the unlawful act

Question 5

what are specific intent crimes

Answer 5

FIAT

first degree murder, inchoate, assault, theft

Question 6

what are the two malice crimes

Answer 6

common law murder and arson

Question 7

model penal code categories

Answer 7

Purposely
* ∆’s conscious objective is to do the conduct or get the result

Knowingly/willfully
* ∆ knows the risk is practically certain to happen if he does the conduct

Recklessly
* ∆ acts with conscious disregard of substantial unjustified risk

Negligently
* ∆ should be aware of a substantial and unjustifiable risk that a crime will result

Question 8

rules for mistake of fact at common law

Answer 8

o Valid defense to specific intent crimes even if unreasonable
o Valid defense to general intent and malice crimes if reasonable

Question 9

rule for mistake for MPC

Answer 9

Serves as defense if prevents required state of mind

Question 10

rule for mistake of law at common law

Answer 10

no

Question 11

rule for mistake of law for MPC

Answer 11

o Valid if an honestly held mistake of law negates required intent or mental state
o Relied on court decision/ administrative order or official prohibition

Question 12

what are accomplices liable for

Answer 12

the crime and all other crimes that are the natural and probable consequences of the accomplice’s conduct

Question 13

how do you withdraw as an accomplice

Answer 13

 Repudiate prior aid
 Do all that is possible to countermand prior assistance
 Do so before the chain of events is in motion

Question 14

elements for accessory after the fact

Answer 14

 Must know felony was committed
 Only liable for harboring fugitive / obstructing justice

Question 15

M Naghten and MPC test for insanity

Answer 15

M Naghten:
* ∆ did know the nature of the act or
* ∆ did not know the act was wrong

MPC
* ∆ didn’t know it was wrong or
* Lacked capacity to conform to the law

Question 16

Four ways to show malice

Answer 16

1. intent to kill
2. intent to do serious bodily injury
3. reckless indifference to human life
4. felony murder

Question 17

what is felony murder

Answer 17

Unintended and foreseeable killing proximately caused by
o Burglary
o Arson
o Robbery
o Rape
o Kidnaping

Question 18

agency theory and proximate cause theory for felony murder

Answer 18

• Agency theory: ∆ not liable for bystander or co felon’s death if killed by cop but is liable for deaths caused by cofelons
• Proximate cause theory: ∆ liable for deaths caused by any person

Question 19

reckless indifference to human life (for malice for common law murder) means

Answer 19

• Depraved heart: reckless indifference to unjustifiably high risk to human life + unintentional killing

Question 20

What is first and second degree murder

Answer 20

First Degree (specific intent)
 Deliberate and pre meditated
 Felony murder

Second Degree (malice)
 Same as common law murder
 Default category

Question 21

what is voluntary manslaughter

Answer 21

Homicide with malice aforethought but mitigating circumstances

Heat of passion

Imperfect defense

Question 22

what is involuntary manslaughter

Answer 22

Unintentional homicide committed with criminal negligence or during unlawful act

Question 23

elements of larceny

Answer 23

o Trespassory
o Taking and carrying away
o Of the personal property of another
o With specific intent to permanently deprive

Question 24

elements of larceny by trick

Answer 24

o Larceny
o Accomplished by fraud or deceit
o Resulting in conversion of property of another

Question 25

elements of robbery

Answer 25

o Larceny
o From the person or presence of the victim
o By force or intimidation

Question 26

elements of forgery

Answer 26

o Making of a false writing
o With apparent legal significance
o With intent to defraud

Question 27

elements of embezzlement

Answer 27

o Fraudulent
o Conversion
o Of the property of another
o By a person who is in lawful possession of the property

Question 28

elements of false pretenses

Answer 28

o Obtaining title to another person’s property
o Through the reliance of that person
o On a known false representation of a material fact and
o The representation was made with the intent to defraud

Question 29

elements of extortion

Answer 29

o The taking of money or property form another by threat
o Making the threat is the crime
o The threat need not be of immediate harm or physical

Question 30

elements of common law burglary

Answer 30

o Breaking and
o Entering
o Of the dwelling of another
o At night
o With specific intent to commit felony inside

Question 31

elements of arson (common law)

Answer 31

o Malicious
o Burning
o Of the dwelling of another

Question 32

elements of possession

Answer 32

o ∆ exercises dominion and control over prohibited item
o Not required to know possession is illegal
o Must be long enough for ∆ to have control over it

Question 33

elements of receipt of stolen property

Answer 33

o Receiving stolen property
o Knowing that it is stolen and

Some jurisdictions: actual subjective knowledge
Other jurisdictions: intent to permanently deprive owner

Question 34

elements of battery

Answer 34

o Unlawful
o Application of force
o To another person
o Causing bodily harm or offense

Question 35

elements of assault

Answer 35

o Attempt to commit battery or
o Intentionally placing another in apprehension of immediate bodily harm

Question 36

elements of kidnapping

Answer 36

o Unlawful
o Confinement of a person
o Against their will
o Coupled with either movement or hiding

Question 37

elements of false imprisonment

Answer 37

o Unlawful
o Confinement of a person
o Without consent

Question 38

elements of rape

Answer 38

o Unlawful sexual intercourse
o With a female
o Against her will or by threat of immediate force

Question 39

merger for inchoate crimes

Answer 39

∆ can be tried but not punished for
 Solicitation and completed crime
 Attempt and completed crime

Conspiracy DOES NOT merge

Question 40

elements of solicitation

Answer 40

o Enticing, encouraging, requesting, commanding another
o To commit a crime
o With the intent that the person does it

Question 41

elements of conspiracy

Answer 41

agreement

Between two or more people
* Majority and MPC: one person is ok

To accomplish an unlawful purpose
With the intent to accomplish that purpose

Majority and MPC: overt act

Question 42

how to withdraw from conspiracy

Answer 42

Federal/majority:
o Can withdraw before the overt act if ∆ gives timely notice to coconspirators or cops

MPC/minority:
o Can only withdraw if ∆ thwarts the success

Liability for substantive crimes
* Can withdraw by giving notice of the conspiracy to coconspirators or cops

Question 43

what do you need for attempt

Answer 43

substantial step and specific intent

Question 44

does factual impossibility or abandonment work for defenses to attempt

Answer 44

factual impossibility - no

abandonment- not after substantial step

Question 45

what is the continuing trespass rule

Answer 45

if someone originally doesn’t intend to deprive the owner of their stuff but then forms that intent later, then it counts as the intent needed for larceny

exception: only if the original taking was also unlawful