Crim

Question 1

Attempt

Answer 1

Act done with intent to commit a crime that falls short of completing the crime

Question 2

Abandonment

Answer 2

Not a defense to attempt at common law. MPC allows it if it abandonment is fully voluntary and complete

Question 3

Deadly force (3)

Answer 3

A person may use deadly force in self-defense if she (1) is without fault; (2) is confronted with “unlawful force; and (3) reasonably believes that she is threatened with imminent death or great bodily harm.

Question 4

Entrapment (2)

Answer 4

(1) the criminal design originated with law enforcement officers AND
(2) the D was not predisposed to commit the crime prior to contact by the government

Question 5

Battery

Answer 5

Unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

Question 6

Assault (2)

Answer 6

(1) Attempt to commit a battery OR
(2) The intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Question 7

States of mind for murder (4)

Answer 7

(1) Intent to kill
(2) Intent to inflict great bodily injury
(3) Reckless indifference to an unjustifiably high risk to human life
(4) Intent to commit a felony

Question 8

Voluntary Manslaughter

Answer 8

Killing that would be murder but for the existence of adequate provocation

Question 9

Adequate Provocation (4)

Answer 9

(1) Provocation that would arouse sudden and intense passion in the mind of an ordinary person causing him to lose self-control
(2) D was in fact provoked
(3) Not sufficient cool-off time
(4) D did not in fact cool off

Question 10

False Imprisonment

Answer 10

The unlawful confinement of a person without his valid consent

Question 11

Kidnapping

Answer 11

Unlawful confinement of a person that involves some movement of the victim or concealment of the victim.

Question 12

Larceny (6)

Answer 12

(1) A taking
(2) And carrying away
(3) Of tangible personal property
(4) Of another
(5) By trespass
(6) With intent to permanently deprive that person of her interest in the property

Question 13

Embezzlement (5)

Answer 13

(1) The fraudulent
(2) Conversion
(3) Of personal property
(4) Of another
(5) By a person in lawful possession of that property

Question 14

False pretenses (4)

Answer 14

(1) Obtaining title
(2) To personal property of another
(3) By an intentional false statement of a past or existing fact
(4) With intent to defraud the other

Question 15

Robbery (5)

Answer 15

(1) A taking
(2) Of personal property of another
(3) From the other’s person or presence
(4) By force or threats of immediate death or physical injury to the victim, member of his family, or some person in victim’s presence
(5) With the intent to permanently deprive him of it

Question 16

Receipt of Stolen Property (5)

Answer 16

(1) Receiving possession and control
(2) Of “stolen” personal property
(3) Known to have been obtained in a manner constituting a criminal offense
(4) By another person
(5) With the intent to permanently deprive the owner of his interest in it

Question 17

Forgery (4)

Answer 17

(1) Making or altering
(2) A writing with apparent legal significance
(3) So that it is false
(4) With intent to defraud

Question 18

Burglary (6)

Answer 18

(1) A breaking
(2) And entry
(3) Of a dwelling
(4) Of another
(5) At nighttime
(6) With the intent to commit a felony in the structure

Question 19

Arson (4)

Answer 19

(1) The malicious
(2) Burning
(3) Of the dwelling
(4) Of another

Question 20

Search of Automobile Incident to Arrest

Answer 20

Search of passenger compartment ok if (1) arrestee is unsecured and still may gain access to the interior of the vehicle or (2) police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle

Question 21

Plain View exception (4)

Answer 21

(1) Police legitimately on premises;
(2) Discover evidence, fruits, or instrumentalities of crime, or contraband;
(3) See such evidence in plain view;
(4) Have PC to believe evidence is related to crime or contraband

Question 22

To plead guilty, D must understand: (3)

Answer 22

(1) Nature of the charge and the crucial elements of the crime charged
(2) Maximum possible penalty and any mandatory minimum
(3) That he has a right not to plead guilty and that if he does plead guilty, he waives the right to trial.

Question 23

Attachment of Double Jeopardy

Answer 23

Jury trial –> empaneling and swearing of jury

Bench trial –> first substantive witness is sworn

Question 24

Exceptions to Double Jeopardy permitting retrial

Answer 24

(1) First trial ends in hung jury
(2) Manifest necessity to abort original trial
(3) Successful appeal (but can’t be tried for a greater offense than crime of conviction)
(4) Breach of plea bargain