Crim

Question 1

Larceny by Trick

Answer 1

Larceny where consent is is induced by a misrepresentation of a past or existing fact.
Possession is obtained, not title.

Question 2

False Pretenses

Answer 2

Fraudulently obtaining TITLE to someone’s property.

Question 3

Larceny

Answer 3

Taking and carrying away of tangible personal property of another by trespass w/ intent to permanently deprive the person of her interest in the property.

Question 4

Embezzlement

Answer 4

The fraudulent conversion of property of another by a person in lawful possession of that property.

Question 5

Larceny by Trick v. False Pretenses

Answer 5

Larceny by Trick: Only possession obtained

False Pretenses: Title is obtained

Question 6

M’Naghten Rule

Answer 6

D lacked ability at time of his actions to either:
(i) know of the wrongfulness of his actions
or
(ii) understand the nature and quality of his actions

Question 7

MPC Insanity

Answer 7

D lacked the substantial capacity to appreciate the criminality of his act.

Question 8

Irresistible Impulse (insanity)

Answer 8

?

Question 9

Durham Test (insanity)

Answer 9

?

Question 10

Prosecution’s Burden of Proof

Answer 10

State must prove guilt beyond a reasonable doubt for all criminal cases - this is for each element of the crime.

Question 11

Accomplice Liability

Answer 11

Person must haven given aid, counsel, or encouragement w/ the intent to aid or encourage the principal and the intent that the principal commit the substantive offense. Mere knowledge that a crime would result from the aid provided is generally insufficient for accomplice liability.

Question 12

Malice Aforethought

Answer 12

D has:
(i) intent to kill;
(ii) intent to inflict great bodily injury;
(iii) awareness of an unjustifiably high risk to human life;
or
(iv) intent to commit a felony

Question 13

Voluntary Manslaughter

Answer 13

Intentional killing is reduced to this if:
(i) D acts under a provocation that caused him to lose control;
(ii) the provocation would arouse sudden and intense passion in the mind of an ordinary person so as to cause him to lose self-control;
(iii) there is insufficient time between the provocation and the killing for the passions of a reasonable person to cool;
and
(iv) D in fact did not cool off btwn the provocation and the killing

Question 14

Lay Witness Opinion Testimony

Answer 14

Admissible when it is:

(i) rationally based on the perception of the witness;
(ii) helpful to a clear understanding of her testimony or to the determination of a fact in issue; and
(iii) not based on scientific, technical, or other specialized knowledge.

Question 15

Specific Intent Crimes

Answer 15

• Assault
• Larceny
• Robbery
• Burglary
• Solicitation
• Conspiracy
• Attempt

Question 16

Burden of Proof

Answer 16

• State must prove each element of crime beyond a reasonable doubt
• If defense is that one of the elements hasn’t been established, then D only needs to raise a reasonable doubt
  ○ For all other defenses, state can, if it wants, make D prove that D by preponderance of evidence

Question 17

Recklessness

Answer 17

• Intent or reckless behavior
• Mistake must be reasonable
• Voluntary intoxication is not a defense

Question 18

Malice

Answer 18

• Intent
• Extreme recklessness
• Mistake of fact must be reasonable
• Voluntary intoxication is not a defense

Question 19

Specific Intent

Answer 19

• That mental state must be established
• Mistake of fact doesn’t matter, even if reasonable
• Voluntary intoxication is defense

Question 20

Common Law Murder

Answer 20

Unlawful killing of another human w/ malice aforethought:

• Intent to kill;
• Intent to cause serious bodily harm;
• Extreme indifference to human life (super reckless behavior; depraved heart); or
• Intent to commit a felony (felony murder)

Question 21

4A

Answer 21

• Exclusionary rule does not apply to grand jury proceedings
• Stop and frisk - police have authority to briefly detain person for investigative purposes, even if they lack probable cause to arrest; do need reasonable suspicion
  ○ Tips can give reasonable suspicion only if they are reliable
• Search and seizure by school official only requires reasonable grounds

Question 22

Confessions

Answer 22

• Miranda - someone must be in custody and be interrogated in custody. Does not apply to spontaneous statements.
• There’s no obligation to deny an incorrect statement made in front of you

Question 23

Right to Counsel

Answer 23

A post-charge lineup is a critical stage of prosecution and D has a 6A right to counsel - right attaches as soon as accused is in sight of identification witnesses

Question 24

Attempt

Answer 24

• Specific intent to commit target offense AND
• Substantial step in furtherance of that offense - more than mere preparation
• Transferred intent does not apply to attempt

Question 25

Arson

Answer 25

Malicious burning of a dwelling house of another

• Intent to burn or reckless disregard

Question 26

Burglary

Answer 26

Common Law: breaking and entering into the dwelling house of another at night w/ specific intent to commit a larceny or felony therein

Question 27

Battery

Answer 27

Harmful or offensive contact w/ person of another