Crim Final Multiple Choice & Element Questions

Question 1

What is the rule for felony murder?

Answer 1

If death occurs during the commission of a qualifying felony, including flight, all participants can be charged with 1st degree or 2nd degree murder even if they had no role in actual killing or didn’t anticipate the death to occur

Question 2

What is the mens rea for felony murder?

Answer 2

The intent is directed at the underlying felony, not resulting murder

Question 3

Is transferred intent applicable in felony murder?

Answer 3

Yes… intent moves from the underlying felony to the resulting killing

Question 4

When are defendants tried with 1st degree felony murder versus 2nd degree felony murder?

Answer 4

If a statute enumerates the felonies, killings during the commission of those felonies will be 1st degree
If a statute doesn’t enumerate the felony, but it is inherently dangerous in that it creates a foreseeable risk of death, the resulting killings will be 2nd degree

Question 5

What is the merger doctrine in felony murder?

Answer 5

If the felony and murder are not independent of one another, the felony will effectively “merge” into the murder and the defendant will only be convicted on murder grounds, not felony murder grounds

Question 6

What is the “res gestae” requirement in felony murder?

Answer 6

The killing must occur within the res gestae “things done” of the felony
-Timing: One continuous transaction including flight
-Proximity: Killing occurred in close distance to underlying felony
-Causal: Logical nexus between felony & killing

Question 7

What are the majority and minority jurisdictional approaches regarding agency in felony murder?

Answer 7

-Majority: Homicide must be committed by one of the perpetrators of the crime in order to constitute felony murder
-Minority: Perpetrators are liable for any death proximately caused by the defendant’s commission of the underlying felony

Question 8

What is the rule of larceny?

Answer 8

Wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the owner of their property

Question 9

What is the continuing trespass doctrine in larceny?

Answer 9

Intent to deprive must exist at the time the thief takes the property. The trespassers taking continues as long as the thief retains the property. If they form the intent to permanently deprive the owner of that property, the crime turns into larceny

Question 10

How is property valued in larceny and how does it affect the gravity of the crime?

Answer 10

Value is determined based on market value
Value is used to differentiate between misdemeanors and felonies

Question 11

Does the victim of larceny need to be innocent?

Answer 11

No - thief can steal property from another thief and it will be considered larceny

Question 12

What are the elements of embezzlement?

Answer 12

The accused has a fiduciary relationship with the victim, and the accused obtain money or property through that fiduciary relationship, in the victim entrusted the property to the accused. The accused’s actions must be intentional, and the accused must have converted the property to his own use.

Question 13

What are the elements of false pretenses?

Answer 13

Intent to defraud plus a misrepresentation of present or past fact that the defendant knows to be false and induces the owner to give the defendant title to the property subject to that misrepresentation. Opinions and future promises do not constitute a misrepresentation.

Question 14

Does the owner actually have to be defrauded in false pretenses?

Answer 14

Yes. Ask: Did the victim know the representation was false or did he not believe it to be true? Even if the victim believed the misrepresentation, did she rely upon it, or did she conduct her own investigation? Although some false pretenses are proven, did the victim part with property for other reasons, or in reliance on other representations that were truthful?

Question 15

What are the elements of larceny by trick?

Answer 15

Possession of the property changes hand, not title; through trespassory taking and carrying away of property from the possession of another by means of false representation with the intent to permanently deprive the victim of property. The misrepresentation can involve future events.

Question 16

What are the material differences between larceny by trick, embezzlement, and false pretenses?

Answer 16

Victim intend to give title? False pretenses
Victim intended to give possession? Larceny by trick/embezzlement
Defendant came into property lawfully? Embezzlement [entrusted]
Defendant came into property unlawfully? Larceny

Question 17

Under the MPC, what is theft of movable property?

Answer 17

The defendant unlawfully takes or exercises unlawful control over the movable property of another with intent to deprive for some time

Question 18

Under the MPC, what is theft of unmovable property?

Answer 18

Unlawfully transferring immovable property of another with the purpose of benefiting self or another who is not entitled to the benefit

Question 19

Under the MPC, what is theft by deception?

Answer 19

Purposely obtains property of another through deception, through creation or reinforcement of false impression, preventing the victim from acquiring information which would affect their judgment of the transaction, or failing to correct a false impression which the defendant created or reinforced or which the defendant knows

Question 20

Under the MPC, when does intent for theft have to be formed and what must the object of that intent be?

Answer 20

Intent can be formed at any time and only has to be directed at deprivation, not permanent deprivation

Question 21

Under the MPC, what forms of misrepresentation are considered for theft by deception?

Answer 21

All forms, future included

Question 22

What are the elements of robbery?

Answer 22

Wrongful taking and carrying away of the personal property of another from the person of another or in the person’s presence by force/violence/intimidation/threat, with the intent to deprive the owner of it permanently

Question 23

What are the elements of armed robbery?

Answer 23

Trespassory taking & carrying away of personal property of another person from his person or in his presence by force/violence/intimidation/threat while armed with dangerous weapon with intent to deprive them of property permanently

Question 24

What is the Powell test for determining if a weapon is dangerous?

Answer 24

Is that item one that, by its very nature, is capable of causing serious death or injury? Would a reasonable person feel threatened by the item?

Question 25

What are the elements of burglary under common law?

Answer 25

Breaking and entering [which can be slight]; into the dwelling of another [doesn’t have to be a home]; at night; with the intent to commit a felony therein [can be formed at any time during unlawful presence]

Question 26

What are the elements of burglary under the MPC?

Answer 26

Unprivileged entry [which can be slight]; into the dwelling of another [doesn’t have to be a home]; at night; with the intent to commit a felony therein [can be formed at any time during unlawful presence]

Question 27

What are inchoate offenses?

Answer 27

An “incomplete crime” - acting with the intent to commit a certain target offense

Question 28

What are incomplete inchoate offenses under the common law?

Answer 28

The actor does some acts necessary to achieve the criminal goal but quits or is prevented from carrying it out

Question 29

What are complete inchoate offenses under the common law?

Answer 29

Actor performs all acts necessary to achieve criminal goal but falls short of attaining criminal goal

Question 30

What are the elements of attempt under common law?

Answer 30

A person, with intent to commit a target offense, performs some act towards carrying out that offense. The act must be a substantial step toward commission of the target offense, not just mere preparation

Question 31

What are the elements of attempt under the MPC?

Answer 31

Acting with kind of culpability otherwise required for commission of crime, through purposely engaging in conduct that would constitute crime if attendant circumstances were as he believes them to be; or
purposely doing/omitting to do anything that, under the circumstances as he believes them to be, is an act/omission constituting substantial step in court of conduct planned to culminate in commission of crime

Question 32

What are the five tests to determine the actus reus for attempt and what are the questions they ask?

Answer 32

-Physical/dangerous proximity approach: Does the actor have it within his power to complete the crime almost immediately? Is the conduct in dangerous proximity to success?
-Probable desistance approach: Has the defendant hone so far that there is no turning back?
-Unequivocally/res ipsa approach: Does the person’s conduct, standing alone, unambiguously demonstrate her criminal intent?
-Substantial step approach: Does the person’s conduct strongly corroborate the actor’s criminal purpose?
-Last act approach: Has the person taken all necessary steps to commit the crime?

Question 33

What is the merger doctrine in attempt?

Answer 33

If the attempt is successful, the attempt merges into the actual target offense. Defendant cannot be charged with both attempt and the target offense.

Question 34

What is the mens rea for attempt?

Answer 34

Intentionally committing acts that constitute the mens rea of the crime and performing these acts with the specific intent of committing the target offense

Question 35

What is the abandonment/renunciation defense for attempt under the MPC?

Answer 35

Actor must abandon effort to commit crime or prevent it from being committed; AND manifests via conduct a complete and voluntary renunciation of her criminal purpose

Question 36

When will abandonment/renunciation not apply under the MPC for attempt?

Answer 36

Doesn’t apply if defendant has reached the point of no return; doesn’t apply if motived to postpone to better time or transfer criminal effort to similar object due to probably of detection

Question 37

What are the elements of conspiracy in common law? How can conspiracy be proven in common law?

Question 38

What is bilateral v. unilateral jurisdictions for conspiracy in common law?

Question 39

Is merger available for conspiracy in common law?

Question 40

Is withdrawal available for conspiracy in common law? What are the effects if one tries to withdraw?

Question 41

What is Pinkerton liability for conspiracy in common law?

Question 42

What are the elements of conspiracy in MPC?

Question 43

Is withdrawal allowed for conspiracy in MPC?

Question 44

Is Pinkerton liability available for conspiracy under MPC?

Question 45

What is the mens rea of conspiracy?

Question 46

What is the difference between single and multiple conspiracies and what is the effect of one or the other?

Question 47

What is the wheel and spoke conspiracy structure?

Question 48

What is the chain conspiracy structure?