Crim

Question 1

Usual felonies for felony murder

Answer 1

burglary, arson, robbery, rape, kidnapping

Question 2

voluntary manslaughter elements

Answer 2

Intentional killing resulting from adequate provocation

Question 3

involuntary manslaughter elements

Answer 3

Unintentional killing caused by criminal negligence (recklessness under MPC) or foreseeably caused during a misdemeanor manslaughter (misdemeanor or non-IDF felony)

Question 4

what is a crime of misfeasance

Answer 4

One with a legal duty to act may be guilty of murder for failing to act (without intent to kill)

Question 5

elements for criminal battery

Answer 5

The unlawful application of
direct or indirect force
resulting in bodily injury or offensive touching

rise to aggravated is causes serious bodily injury or uses a weapon

Question 6

Criminal assault elements

Answer 6

intent to
commit battery
or put P in reasonable apprehension of
imminent bodily harm

Question 7

kidnapping elements

Answer 7

confinement or moving of V wihtout consent

Question 8

elements of larceny and defenses

Answer 8

taking
Someone else’s property
with the intent to
permanently (or for a long time) deprive

defenses:
intent to return w/I reaosnable time
as repayment done openly
honest mistake

Question 9

embezzlement elements and defenses

Answer 9

Intentional fraudulent conversion or misappropriation of another’s personal property

defenses:
intent to restore
as repayment of debt done openly

Question 10

larceny by trick

Answer 10

obtaining possession of P’s property
by fraudulent representation with
intent to defraud

Question 11

theft by false pretenses (title theft)

Answer 11

misrepresentation of material fact (not opinion) that prompts P to pass TITLE
intention to defraud

Question 12

robbery elements

Answer 12

larceny by (+threat of imminent) force
aggravated robbery: deadly weapon

Question 13

crime of extortion

Answer 13

Obtaining property by threat of harm or exposing information (need not be immediate or in V’s presence)

Question 14

elements of forgery

Answer 14

Creating or altering a writing with apparent legal significance so that it is false, with intent to defraud

Question 15

element of burglary

Answer 15

breaking and entering a structure (incl. car) with intent to commit a felony therein

Question 16

arson

Answer 16

malicious burning of another’s house

Question 17

elements of solicitation and its defense

Answer 17

Asking, inducing, urging, or otherwise encouraging another to commit an actual crime (no attempt)

defense: is D changes mind and prevents it

Question 18

Crime of attempt

Answer 18

intent to bring about a criminal outcome
One substantial act (MPC) beyond mere preparation

Question 19

conspiracy, and Pinkerton and Wharton

Answer 19

knowing MUTUAL (majority) agreement
MPC: unilateral agreement (one party) OK

Pinkerton: each conspirators is liable for the substantive crimes of all other co-conspirators if the crimes were foreseeable outgrowth of the conspiracy, and they were committed in furtherance of the goal of the conspiracy

Wharton: you cannot have a conspiracy without a third person if the crime requires two people such as duelling 

Question 20

accomplice liability

Answer 20

intent
aid/encourage another’s commission of a crime
principle need not be convicted

Question 21

standard of proof for affirmative defenses

Answer 21

preponderance (at least).
BUT putting any burden on Δ to DISPROVE an element of an offense is reversible error.
burden always rests with the state to prove beyond a reasonable doubt that Δ is guilty of each ELEMENT of crime charged