Crim Law

Question 1

Accomplice

Answer 1

an accomplice is a person who assists or encourages the principal with the intent that the crime is committed.

Question 2

Accomplice Liability

Answer 2

an accomplice is liable for 1) all crimes committed that he aids or encourages and 2) all “natural and probable results” of the crime that he intends to assist

Question 3

Accessory after the fact

Answer 3

A person who knowingly assists a person who has committed a felony with intent to help him avoid arrest, trial, or conviction.

Question 4

Homicide

Answer 4

Homicide is the killing of another person.

Question 5

Murder

Answer 5

Murder is the unlawful killing of another person with malice aforethought

Question 6

Malice Aforethought

Answer 6

1) intent to kill; 2) intent to inflict serious bodily harm; 3) depraved heart murder (reckless indifference to human life); 4) felony murder

Question 7

First Degree Murder

Answer 7

intentional killing with premeditation and deliberation

Question 8

Second degree murder

Answer 8

intent to inflict serious bodily harm; depraved heart murder (extreme recklessness); or intent to kill with no premeditation or deliberation

Question 9

Voluntary Manslaughter

Answer 9

A murder charge may be reduced to voluntary manslaughter if the defendant acted in 1) the heat of passion and 2) there was adequate provocation.

Question 10

Involuntary Manslaughter

Answer 10

A killing due to gross negligence or recklessness

Question 11

Felony Murder

Answer 11

A murder committed during the commission of a felony. Under majority view, not guilty of murder of a co-felon if they were killed by third-party.

The death can occur during the commission of a felony, the attempt to commit the felony, or fleeing from the felony.

the felony must be inherently dangerous and there must be causation.

Question 12

Agency theory of felony murder

Answer 12

under the agency theory, the felon or his agent must cause the death

Question 13

Proximate cause theory of felony murder

Answer 13

under the proximate cause theory of felony murder, the felon is liable so long as he “sets in motion” the acts that cause the death

Question 14

Larceny

Answer 14

the 1) taking and 2) carrying away 3) of personal property of another 4) without consent 5) with intent to permanently deprive

Question 15

Larceny by trick

Answer 15

Defendant intentionally makes a false representation of a material (past or existing) fact to obtain custody of personal property of another

Question 16

False pretenses

Answer 16

Defendant makes a false representation of a material (past or existing) fact to obtain title of personal property of another with intent to defraud

Question 17

Embezzlement

Answer 17

1) the fraudulent conversion or 2) misappropriation 3) of another’s property 4) by one who is already in lawful possession of that property

Question 18

Robbery

Answer 18

the taking and carrying away personal property of another’s person or presence by force or threat of force with intent to permanently deprive

Question 19

Burglary

Answer 19

the breaking and entering of the dwelling of another at night with intent to commit a felony therein

Question 20

Specific Intent

Answer 20

Defendant intentionally or knowingly commits the crime (all crimes except battery, rape, kidnapping, and arson)

Question 21

General Intent

Answer 21

defendant is generally aware of what he is doing. motive is immaterial. (battery, rape, and kidnapping)

Question 22

Attempt

Answer 22

The specific intent to complete the crime.

Majority rule = substantial step is needed.
Common law rule = defendant gets dangerously close to committing the crime

Question 23

Conspiracy

Answer 23

To be guilty of conspiracy there must be 1) an agreement between two or more persons; 2) to commit a crime; 3) the intent to enter into the agreement; and 4) an overt act.

Specific intent to enter into the agreement and accomplish the objectives.

Common law = no overt act needed

Question 24

Conspiracy liability

Answer 24

Defendant is liable for all other crimes committed by his co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy.

Withdrawal is NOT defense but will cut off liability for any crimes committed after the withdrawal.

Question 25

Solicitation

Answer 25

Defendant requests, encourages, advises, or commands that someone commit a crime. Specific intent = that the crime be committed There is merger

Question 26

Self Defense

Answer 26

Defendant may use the defense of self defense if he reasonably believed force was necessary to avoid the imminent use of unlawful force by another. Cannot use deadly force unless defendant reasonably believed deadly force was going to be used against him and there was no reasonable means to escape.

Question 27

Insanity - M'Naughten

Answer 27

Defendant must prove 1) he suffered a disease of the mind 2) that caused a defect of reason and 3) he lacked the ability to know the wrongfulness of his actions 4) or understand the nature and quality of his actions. Insanity is assessed at the time of the crime

Question 28

Incompetency to stand trial

Answer 28

Assessed at the time of trial. Incompetent if defendant is unable to understand the nature of the crimes he is being charged with; the nature of the proceedings against him, or assist his lawyer or defense.

Question 29

Mistake of fact

Answer 29

MoF is a defense to specific intent crimes, if the mistake is reasonable or unreasonable. For general intent or malice crimes, only a reasonable mistake of fact is a defense.

Question 30

Mistake of Law

Answer 30

Generally, MoL is not a defense (even when relying on one's lawyer)

Question 31

Necessity

Answer 31

Necessity is a defense if defendant reasonably believed his criminal conduct was necessary to prevent a greater harm and is not at fault in creating the situation that required the necessity

Question 32

Duress

Answer 32

Duress is a defense if defendant reasonably feared that if he did not perform the crime, either he or another would suffer imminent death or seriously bodily harm. Duress is not a defense to homicide.

Question 33

Elements of a crime

Answer 33

1) act 2) intent 3) causation and 4) concurrence there needs to be actual and proximate cause. Proximate cause is present if the outcome was foreseeable.