Crim law

Question 1

McNaughton test (insanity)

Answer 1

disease of the mind caused a defect of reason so defendant lacked the ability at time of his actions to know wrongfulness or understand nature and quality of actions

Question 2

Irresistible impulse test (insanity)

Answer 2

unable to control actions or conform conduct to law

Question 3

Durham test (insanity)

Answer 3

crime was product of mental disease or defect

Question 4

Attempt Elements

Answer 4

a. Specific intent; and
b. Overt act—a substantial step in the direction of the commission of the crime (mere preparation not enough)

MERGES with completed crime

Question 5

Attempt Defenses

Answer 5

a. Factual impossibility is no defense
1) Factual impossibility arises when defendant sets out to do an illegal act, but cannot complete the act due to some unknown reason

b. True legal impossibility is always a defense
1) Legal impossibility arises when defendant sets out to do a legal act that he believes is illegal

c. Abandonment generally no defense after the substantial steps have begun
1) M.P.C. recognizes abandonment as defense if (i) fully voluntary and (ii) complete (i.e., not a postponement due to unfavorable circumstances)

Question 6

Solicitation Elements

Answer 6

a. Asking someone to commit a crime
b. With the intent that the crime be committed

MERGES with completed crime

Question 7

Solicitation defenses

Answer 7

a. The refusal or the legal incapacity of the solicitee is no defense
b. If legislative intent is to exempt solicitor, that is a defense

Question 8

Conspiracy Elements

Answer 8

(1) an agreement between two or more persons;
(2) an intent to enter into the agreement; and
(3) an intent by at least two persons to achieve the objective of the agreement.

DOENST MERGE with other crime

Question 9

Conspiracy Liability

Answer 9

each conspirator is liable for all crimes of other conspirators if foreseeable and in furtherance of the conspiracy

Question 10

Conspiracy Defenses

Answer 10

a. Withdrawal
1) General rule—can only withdraw from liability for future crimes; no withdrawal from conspiracy possible because agreement coupled with act completes crime of conspiracy
2) M.P.C. recognizes voluntary withdrawal as defense if the defendant thwarts conspiracy (e.g., informs police)
b. Factual impossibility is no defense

Question 11

Entrapment

Answer 11

a. Criminal design originated with authorities; and

b. Defendant was not predisposed to commit crime

Question 12

Common Law Murder Elements

Answer 12

a. Unlawful;
b. Killing of another human being; and
c. With malice aforethought

Question 13

4 forms of malice aforethought

Answer 13

a) Intent to kill;
b) Intent to do serious bodily harm;
c) Reckless indierence to unjustifiably high risk to human life (depraved heart murder); or
d) Felony murder

Question 14

Voluntary manslaughter elements

Answer 14

1) Adequate provocation;
2) Gave rise to heat of passion; and
3) No adequate cooling-off period

b. Failed self-defense claim is voluntary manslaughter

Question 15

Involuntary manslaughter

Answer 15

a. Types:
1) Killing resulting from criminal negligence; or
2) Misdemeanor manslaughter

Question 16

Battery Elements

Answer 16

1) Unlawful application of force to another;

2) Resulting in bodily injury or offensive touching

Question 17

Assault Elements

Answer 17

1) Intent to commit battery (see a., supra); or
2) Intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 18

False imprisonment Elements

Answer 18

1) Unlawful;
2) Confinement of a person;
3) Without his valid consent

Question 19

Kidnapping Elements

Answer 19

1) Some movement or concealment of a victim in a “secret” place
2) Some courts hold that “kidnapping” is committed when the victim is moved during the commission of another crime to a location that places her in more danger than that necessarily involved in the commission of the other crime

Question 20

Rape Elements

Answer 20

1) Any penetration of the female sex organ by the male sex organ (many states have made gender neutral);
2) Without the victim’s effective consent;

a) Intercourse accomplished by actual force;
b) Intercourse accomplished by threats of great and immediate bodily harm;
c) Intercourse where the victim is incapable of consenting due to unconsciousness, intoxication, or mental condition; or
d) Intercourse where the victim is fraudulently caused to believe that the act is not intercourse

3) In the absence of a marital relationship between the woman and the man (most states have abolished or modified this element)

Question 21

Larceny Elements

Answer 21

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

Question 22

Embezzlement Elements

Answer 22

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

Question 23

False pretenses Elements

Answer 23

1) Obtaining title;
a) If title is not obtained, the crime is larceny by trick

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 24

Robbery Elements

Answer 24

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, a member of his family, or some person in the victim’s presence;
5) With the intent to permanently deprive him of it

Question 25

Receipt of stolen property Elements

Answer 25

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 26

Burglary Elements

Answer 26

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 27

Arson Elements

Answer 27

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

Question 28

List of Specific intent crimes

Answer 28

• Solicitation: Intent to have the person solicited commit the crime
• Conspiracy: Intent to have the crime completed
• Attempt: Intent to complete the crime
• First degree premeditated murder: Premeditated intent to kill
• Assault: Intent to commit a battery

• Larceny: Intent to permanently deprive the other of their
interest in the property taken

• Embezzlement: Intent to defraud
• False pretenses: Intent to defraud
• Robbery: Intent to permanently deprive the other of their interest in the property taken
• Burglary: Intent to commit a felony in the dwelling
• Forgery: Intent to defraud

VOLUNTARY INTOXICATION is a defense

Unreasonable mistake is a defense

Question 29

List of General Intent

Answer 29

1. Battery
2. Rape
3. Kidnapping
4. False Imprisonment

reasonable mistake is a defense

voluntary intoxication not a defense

Question 30

Malice intent crimes

Answer 30

1. Common Law Murder

2. Arson

Question 31

Strict Liability requisite intent

Answer 31

1. Statutory Rape
2. Selling Liquor to Minors
3. Bigamy (some jurisdictions)

Question 32

State of mind (common law)

Answer 32

Specific intent: Intent to engage in proscribed conduct (subjectives test)

General Intent: Awareness of acting in proscribed manner (subjective)

Malice: Reckless disregard of a known risk (subjective)

Strict Liability: Conscious commission of proscribed act

Question 33

MPC analysis of fault

Answer 33

Purposely: Conscious object to engage in proscribed conduct (subjective)

Knowingly: Awareness that conduct is of a particular nature or will cause a particular result (subjective)

Recklessly: Consciously disregarding a substantial and unjustifiable risk (Subjective and Objective)

Negligently: Failure to be aware of a substantial and unjustifiable risk (Objective)

Question 34

Transferred Intent

Answer 34

The defendant can be liable under the doctrine of transferred intent when they intend the harm that is actually caused, but to a different victim or object

The doctrine of transferred intent applies to homicide, battery, and arson.

It does not apply to attempt.

Question 35

Withdrawal from accomplice liability

Answer 35

Must repudiate encouragement

Must Attempt to neutralize any assistance

notifying police or taking action to prevent crime also sufficient

Question 36

Conspiracy “Unilateral Approach” modern trend

Answer 36

which requires that only one party have genuine criminal intent.

under the unilateral approach, a defendant can be convicted of conspiracy if they conspire with one person only and that person is a police officer working undercover.

Question 37

Conspiracy “bilateral Approach” (Common Law)

Answer 37

a conspiracy requires at least two “guilty minds,” that is, persons who are actually committed to the illicit plan.

Under this “bilateral” approach, if one person in a two party agreement is only feigning agreement, the other party cannot be convicted of conspiracy.

Question 38

Overt Act for Attempt

Answer 38

Act beyond mere preparation

Traditional/Proximity Test: Dangerously close to completion

Modern/Majority: substantial step in the course of the conduct

Question 39

“proximate cause” theory felony murder (minority view)

Answer 39

felons are liable for the deaths of innocent victims caused by someone other than
a co-felon.

Question 40

“agency” theory of felony murder (majority)

Answer 40

Felon liable only if killing committed by felon or agent