Crim and Crim Pro.

Question 1

murder

Answer 1

unlawful killing of a human with malice aforethought

Question 2

malice aforethought can be established with any of the four states of mind

Answer 2

1. intent to kill
2. intent to cause serious bodily harm
3. reckless indifference to an unjustifiably high risk to human life (depraved heart)
4. intent to commit a felony (felony murder rule)

Question 3

manslaughter

Answer 3

unlawful killing of a human being without malice aforethought

Question 4

voluntary manslaughter

Answer 4

killing in the heat of passion after adequate provocation

Question 5

involuntary manslaughter

Answer 5

causing the death of another human being with criminal negligence (or in MPC, recklessness)

Question 6

larceny

Answer 6

the taking and carrying away the personal property of another without consent with intent to permanently deprive

Question 7

larceny by trick

Answer 7

person fraudulently obtains possession by not title to property through lies

Question 8

embezzlement

Answer 8

the fraudulent conversion of another’s property by a person in lawful possession of the property

Question 9

false pretenses

Answer 9

obtaining title to the property of another through lies with intent to defraud

Question 10

attempt

Answer 10

1- specific intent to commit the crime and
2- an overt act in furtherance of that intent

Question 11

attempt overt act MPC vs common law

Answer 11

MPC/modern law: substantial step towards commission of crime
common law: act that gets dangerously close to commission of the crime

Question 12

conspiracy

Answer 12

agreement between two or more people to commit an unlawful act (plus overt act in furtherance of the agreement under MPC or modern trend)

assume common law def unless told otherwise

Question 13

defendant can use deadly force if D is

Answer 13

1- without fault
2- confronted with unlawful force
3- reasonably believes he is threatened with imminent, great, bodily harm

Question 14

imperfect self-defense

Answer 14

murder may be reduced to manslaughter if
- D was at fault in starting the altercation or
- D unreasonably but honestly believed in the necessity of using deadly force

Question 15

for malice and general intent crimes, the mistake must be

Answer 15

reasonable

Question 16

probable cause

Answer 16

reasonable grounds to believe a crime has been committed and that the arrestee committed it

hunch is not enough

Question 17

A person has a reasonable expectation of privacy in

Answer 17

1- his home or a place where he is an overnight guest
2- nonpublic areas in his place of business
3- his automobile
4-his personal effects

Question 18

automobile exception

Answer 18

applies if the police have PC to believe the car contains contraband, instruments, or evidence of the crime

police can search anywhere in the car where such items could be hidden in the car D was recently in

Question 19

is there a 6th amendment right to counsel at a pre-charge lineup? a post-charge line-up?

Answer 19

No 6th amendment right to counsel at pre-charge lineup
but right to counsel at a post-charge lineup

right attaches once formal charges are filed, 6th amendment right to counsel attaches for all critical proceedings

Question 20

modern test for insanity

Answer 20

D’s mental disease or defect caused D to lack the substantial capacity to either appreciate the criminality of their conduct or follow the law

Question 21

durham test

Answer 21

but for the mental illness, the crime would not have been committed

broadest test

Question 22

N’Naghten Rule

Answer 22

the mental illness cause the D to be unable to differentiate between right and wrong