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Crim law Flashcards

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1
Q

Elements of larceny

A

1 trespassers taking and carrying away
2 the personal property of another
3 with the intent to permanently deprive

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2
Q

Elements of robbery

A

1 trespassers taking of property of another
2 with intent to permanently deprive
3 with FORCE, INTIMIDATION OR FEAR

Must be from the victim or in his presence

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3
Q

Arson

A

Malicious burning of another’s dwelling

Note- setting fire in negligent or reckless way is Not arson

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4
Q

Burglary

A

1 Breaking and entering into the HOME
2 Of Another
3 At night
4 with intent to commit a felony

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5
Q

Where does the US have the power to prosecute crimes

A

Crimes that occur in the US, on the seas, and committed by US nationals abroad

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6
Q

Can a state punish for conduct outside the state that involved an attempt to commit a crime in the state

A

Yes, a portion of the crime just has to be in the state

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7
Q

What is acts reus

A

A voluntary physical act, act can be speech. Act can also be failure to act when you have an affirmative duty to act

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8
Q

What are times where D has a duty to act

A

special relationship between defendant and victim, voluntarily assuming a duty of care that is cast aside, D causes danger and fails to mitigate harm to victim caused by peril

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9
Q

What is specific intent

A

Defendant committed the act and did it for the purpose of causing the result. MUST have intent at time you commit the act

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10
Q

what are the 4 categories of crimes that are specific intent crimes under common law?

A

FIAT:
First degree murder
inchoate crimes (CATS)
Assault with attempted battery
Theft crimes

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11
Q

What defenses are only available for FIAT- specific intent crimes

A

voluntary intoxication and unreasonable mistake are ONLY available for FIAT/ specific intent crimes

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12
Q

What are the two malice crimes

A

Arson and murder (anything other than 1st degree)

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13
Q

When does Malice exist

A

When d acts in a reckless disregard of high degree of harm.

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14
Q

What does a general intent crime refer to

A

The intent to perform an act and the act is unlawful.

The d does not need to know the act is unlawful. He just needs to intend to perform the act

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15
Q

Examples of general intent crimes

A

Battery, manslaughter, kidnapping, rape, false imprisonment

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16
Q

What is a strict liability crime

A

There is NO STate of mind requirement. The defendant must merely have committed the act

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17
Q

What are the states of mind under the model penal code

A
  1. purposely
  2. knowlingly
  3. recklessly
  4. negligently
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18
Q

If there is no mens rea in the statute, what must the prosecutor prove

A

Recklessness

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19
Q

Does transferred intent apply to attempted crimes

A

NO- only completed crimes

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20
Q

What merges into robbery

A

Larceny + threat of force or battery

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21
Q

iF there are two separate victims, can the crimes against each victim merge together

A

No

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22
Q

Can a defendant who actually completed a crime also be convicted of attempting that crime

A

NO- i.e you can’t be convicted of attempted robbery and robbery

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23
Q

Does solicitation merge into the completed crime?

A

YES- so if you solicit another to do a murder and the person commits the murder then D is liable for the murder but NOT for solicitation

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24
Q

Does Conspiracy ever merge?

A

NO- a defendant can be convicted of both conspiracy to commit a crime and committing the crime itself

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25
Q

Can there be more than one principal to a crime?

A

Yes- i.e a gang

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26
Q

What must an accomplice show to be charged with the same crime as the principal

A

Dual intent: must intend to help the principal and intend to commit that crime

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27
Q

Can a bystander, even an approving one, be liable as an accomplice

A

NO

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28
Q

Liability for an accomplice extends to the planned crime and what else?

A

Any foreseeable crimes that occur in the course of the criminal act

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29
Q

Can an accomplice be liable even if the principle can not be convicted?

A

YES

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30
Q

Can an accessory after the fact be guilty of the primary crime?

A

NO but they can be guilty of other crimes like obstruction of justice or harboring fugitives

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31
Q

What would make an aider or abettor of the defendant also be guilty of conspiracy?

A

If there was an agreement to commit a crime AND an overt act was taken in furtherance of the agreement

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32
Q

What mental state is required for accomplices under the MPC

A

purpose of facilitating commission of crime, intend that his acts assist the criminal conduct

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33
Q

What are three ways to negate mens rea

A
  1. mistake
  2. insanity
  3. intoxication
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34
Q

What is a mistake of law

A

Mistake about what the law forbids

Ignorance of law is no excuse- think about guy driving 100 mph b/c he “didn’t know the speed limit”

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35
Q

What are exceptions - allowing mistake of law to be ok

A
  1. reliance on high level govt interpretations (not your lawyer)
  2. lack of notice
  3. mistake of law goes to an element of specific intent crimes
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36
Q

Is mistake of fact ever a defense to a strict liability crime?

A

No- i.e. can’t get out of statutory rape b/c you thought the girl was 18

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37
Q

For general intent crimes, when is a mistake of fact a defense?

A

if the mistake is REASONABLE and goes towards criminal intent

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38
Q

For specific intent crimes, when is mistake of fact a defense

A

When the mistake is reasonable OR unreasonable

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39
Q

What is the M’Naughten test for insanity

A

D either didn’t know the nature of the act or did not know the act was wrong b/c of mental disease or defect

-Didn’t know nature, didn’t know it was Naughty

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40
Q

What is the Durham test for insanity

A

D would not have committed the crime BUT FOR his mental disease

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41
Q

CAN voluntary intoxication be a valid defense?

A

ONLY to specific intent crimes (FIAT) and only if it prevented the D from forming the mens rea

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42
Q

Under the MPC is voluntary intoxication a defense

A

Only for crimes where a material element requires purpose or knowledge and the intoxication prevents formation of that mental state

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43
Q

What are the inchoate crimes

A

CATS
Conspiracy, Attempt and solicitation

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44
Q

Common law elements of conspiracy

A

an real agreement between two or more people
to commit an unlawful act

The agreement can not be with an undercover officer b/c then it isn’t real

The agreement is the crime

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45
Q

Under modern conspiracy statutes, what are the elements

A

An agreement b/ 2 or more people
to commit an unlawful act
WITH performance of an OVERT ACT
in furtherance of the conspiracy

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46
Q

Under the model penal code, can the conspiracy happen with undercover agents?

A

Yes- only the defendant needs to agree

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47
Q

Does the OVERT ACT need to be illegal?

A

NO, it just needs to further the conspiracy, i.e joining a health club to get stronger to hijack planes better

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48
Q

At common law, what could each co-conspirator be convicted of

A

Conspiracy AND all substantive crimes committed by ANY OTHER conspirator acting in furtherance of the conspiracy

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49
Q

At common law, can you withdraw from a conspiracy

A

No- b/c the crime is completed the moment the agreement is made

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50
Q

For Federal and MPC, can you withdraw from a conspiracy

A

Yes, if you do so BEFORE the commission of any OVERT ACT by communicating your intent to withdraw to all OTHER CONSPIRATORS or telling police

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51
Q

Elements of ATTEMPT

A

specific intent to commit a particular crime

PLUS taking a SUBSTANTIAL STEP towards perpetrating the crime

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52
Q

If the completed offense is a general intent crime like battery, is attempt still a specific intent crime

A

YEs. Attempted xyz is always a specific intent crime

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53
Q

What defenses can be used for ATTEMPT

A

voluntary intoxication and
unreasonable mistake of fact

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54
Q

Does attempt merge into to the completed offense

A

YES- you can’t be convicted of attempted murder and murder of same person

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55
Q

Elements of solicitation

A
  1. specific intent for target offense
  2. request someone to commit crime
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56
Q

if someone solicits you to commit a crime and you agree to do so, what are you charged with

A

Conspiracy

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57
Q

does solicitation merge with the completed offense

A

YES

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58
Q

Define homicide

A

The killing of a living human being by another human

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59
Q

What causation must exist for homicide

A
  1. but, for causation- the victim would not have died but for what the d did
  2. proximate causation- the D’s act is a foreseeable cause of the victim’s death
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60
Q

Is consent a defense to any type of homicide

A

No

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61
Q

Is assisted suicide homicide?

A

Yes

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62
Q

If the test just says murder, what do you assume

A

THAT it is NOT 1st degree murder,
common law murder

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63
Q

define first degree murder

A

a deliberate and premeditated killing murder or killing that results during commission of a dangerous felony

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64
Q

In common law, define murder

A

unlawful killing of another with malice aforethought

4 types of common law murder
intent to kill, intent to inflict serious bodily harm, depraved heart, & felony murder

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65
Q

What are the inherently dangerous felonies that if a death occurs during one of these it becomes FELONY MURDER

A

BARRK
Burglary
Arson
Robbery
Rape
Kidnapping

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66
Q

If a bystander is killed during a felony, what could be charged

A

felony murder

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67
Q

Is a defendant liable for the crimes of the victim, police or third party in the commission of a felony

A

NO- i.e if a co-felon is killed by police, the D is NOT guilty of felony murder

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68
Q

define manslaughter

A

The unlawful killing of another human that is not first degree murder or common law murder

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69
Q

define voluntary manslaughter

A

When a d intends to kill a victim but his state of mind is less blameworthy than murder.
HEAT OF PASSION MURDER or under EXTREME EMOTIONAL DISTURBANCE

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70
Q

What is the test for voluntary manslaughter

A

Is the situation one in which most people would act w/o thinking and w/o taking time to cool off?- acting in heat of passion

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71
Q

In most jurisdictions, is hearing about your spouse’s affair sufficient provocation

A

NO but seeing your spouse having an affair is!

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72
Q

Define involuntary manslaughter

A

Where the death was NOT intended- but the D engaged in criminally negligent conduct and caused a death. Ex traffic deaths

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73
Q

Can consent for taking be obtained by fraud

A

NO- if consent has been obtained by a lie/decent- then it is larceny by trick.

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74
Q

Is borrowing property larceny

A

NO- as long as you had intent to give it back.

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75
Q

if the property you took is DESTROYED in your care, have you committed larceny

A

NO. - i.e. if you borrowed car with intent to return it but then crashed and destroyed car, still not larceny

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76
Q

What type of crime is larceny

A

Specific intent crime- theft crime

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77
Q

does mistake of fact negate intent for larceny?

A

YEs- if you think the property is yours, even unreasonably, you are NOT guilty of larceny

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78
Q

elements of embezzlement

A

D starts out having victim’s consent to have the property but then commits embezzlement by converting it to his own use

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79
Q

What is False pretenses

A

Larceny by Trick but you get the title
So.
taking personal property of another
with intent to permanent deprive
accomplished by deceit
when you get the TITLE to the property

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80
Q

What is extortion

A

Threats of future harm including non-physical harm

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81
Q

What does breaking in burglary entail

A

coming in by force or obtaining entry by fraud. It can be opening a door or window, even an unlocked door

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82
Q

at common law, what type of dwelling is required for burglary

A

A home

83
Q

at modern law, what type of dwelling is required

A

any- commercial or residential

84
Q

Can you burglarize your own home?

A

no

85
Q

What is the usual felony associated with burglary

A

larceny once inside

86
Q

if you break into someone’s house out of curiosity is it burglary

A

No

87
Q

battery elements

A

unlawful application of force
to another person
that causes bodily harm or offensive touching

88
Q

What is a complete defense to battery

A

Consent

89
Q

is voluntary intoxication or mistake of fact a defense to battery

A

NO b/c battery is a general intent crime

90
Q

Does battery require actual physical contact with the victim?

A

No- can throw a rock that hits someone

91
Q

Assault elements

A
  1. placing another in fear of imminent bodily harm OR
  2. attempted battery (specific intent crime)
92
Q

common law rape elements

A

Unlawful sexual intercourse
with a female
against her will by force or threat of force

93
Q

what do modern rape statutes require

A

Lack of consent rather than force

94
Q

Can voluntary intoxication or mistake of fact be used as a defense for rape

A

NO- b/c it is a general intent crime

95
Q

kidnapping elements

A

Unlawful confinement of another person
Against their will
by moving or hiding the person

96
Q

for modern arson what is different

A

It is arson even if there is no damage to the structure or if the fire was caused by an explosion

And it can be a commercial structure

97
Q

Perjury elements

A

willful act of false statements
person must know what they are saying is false, intend to say something false and that falsity must go to a material matter

98
Q

What are defenses for specific intent crimes (FIAT)

A

voluntary or involuntary intoxication,
All mistakes of fact

99
Q

what are defenses for general intent crimes

A

involuntary intoxication and only reasonable mistakes of fact

100
Q

when can you use non deadly force

A

Anytime you reasonable fear imminent unlawful harm

101
Q

when can you use deadly force

A

only if you reasonably believe that deadly force will be used against you

102
Q

under the majority view- is retreat required if someone is coming after you with deadly force

A

NO

103
Q

IN ANY JURISDICTION, is retreat required when someone is coming after you with deadly force IN YOUR HOME?

A

NO

104
Q

Explain defense of others

A

an individual has the same right to defend others against a criminal that she has to defend herself

105
Q

what kind of force can you use to protect property

A

non deadly

106
Q

what is required for the successful use of the defense of duress

A

There must be a threat of death or serious bodily harm. Mere injury or injury to property is NOT enough

107
Q

What can you not use the defense of duress for

A

Intentional murder

108
Q

when is the necessity defense available

A

In response to natural forces

109
Q

if you have battery and theft what do they merge into

A

Robbery

110
Q

the MEE uses what version of crimes

A

Common law

111
Q

What is a factual impossibility

A

Facts make it impossible to commit the crime. It is not a defense to the crime of attempt

112
Q

what is an accomplice liable for

A

Any crimes that are the natural and probable consequences of the accomplice’s conduct

113
Q

For an accessory after the fact, what will make them guilty

A

if the aid the felon to avoid apprehension after the felony is committed

The person must know the felony was committed

114
Q

What is the M’Naghten rule for insanity - most tested on MEE

A

A defendant is not guilty bc of mental defect or disease if the D did not know either
-the nature and quality of the act
OR the wrongfulness of the act

115
Q

What is the test to determine competency

A
  1. does the D comprehend the nature of proceedings against him
  2. Does D have the ability to consult with a lawyer with a reasonable degree of understanding
116
Q

when is competence determined

A

At time of trial

117
Q

Describe the felony murder rule

A

Under the FMR, a D can be found guilty for an unintended but foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony. Traditionally, Burglary, Arson, Robbery, Rape and Kidnappeing are considered inherently dangerous felonies.

118
Q

What are the defenses to felony murder

A
  1. if the death was unforeseeable, no felony murder
  2. Point of safety. If the felony is complete and the D has reached a place of safety, the FMR will not apply to deaths that occur after that point
119
Q

Elements of larceny by false pretenses

A

D obtains title to the property of another through reliance of that person on a false representation of a material fact made by the D with intent to defraud.

D must know representation is false and specifically intend to defraud. I.e selling car by knowing brakes are bad but telling buyer they are fine- gain title to buyer’s money

120
Q

Can a conspirator be convicted if all other conspirators are acquitted at the trial

A

No, b/c a conspiracy requires agreement b/2 people

121
Q

difference between voluntary manslaughter and depraved heart murder

A

Voluntary manslaughter requires INTENT TO KILL. Depraved heart is just horribly reckless behavior that results in death without intent to kill.

122
Q

for larceny, the taking must be _____

A

Unlawful

123
Q

what is the Pinkerton rule

A

Imposes liability on a conspirator for all crimes committed by co conspirators

124
Q

Can you use deadly force to prevent imminent Rape

A

Yes- as long as you are not the initial aggressor

125
Q

For larceny, does the taking need to be by the defendant?

A

No, can be the defendant’s agent- even someone who is unaware of D’s criminal intent

126
Q

If kidnapping occurs incident to commission of another offense, how much movement is required

A

MORE than is necessary to complete the other offense otherwise it is NOT kidnapping

127
Q

Can you steal back your own property in burglary

A

NO- it must be the property of another

128
Q

receiving stolen items elements

A
  • must receive control of stolen property,
    know that the property is stolen,
    and intend to permanently deprive the owner of the property.

Property that is unlawfully obtained through larceny, embezzlement, or false pretense is stolen property.
The act of receiving the property must coincide with the recipient’s knowledge that the property is stolen

129
Q

for self defense, if someone is attacking you with NON deadly force, what can you do

A

Use non-deadly force back- any type of non-deadly force as long as reasonable amount. BUT you can NOT be the initial aggressor

130
Q

If one of the D’s conduct was substantial factor in injury- and there were multiple defendants where each harm on its own would have been sufficient to cause P’s injury then is D the “cause” of the injury

A

YES b/c a substantial factor

131
Q

Are actual damages necessary for false imprisonment if P was aware of confinement?

A

NO

132
Q

for a jury instruction, if you have reasonable doubt as to whether the D was at the scene, you must find D——

A

NOt guilty

133
Q

If D forces people at gunpoint to allow him to enter into the residence, is it “breaking and entering” for burglary

A

Yes, b/c it can be constructive breaking thru force or threats

134
Q

For felony murder, does the murder/death have to be at the time of the felony?

A

No- it just needs to be a foreseeable result of the crime- i.e guy dying of heart attack b/c tied up and his death occurred while struggling with restraints after burglars left still counts for felony murder

135
Q

Standard of proof for affirmative defenses

A

preponderance of evidence

136
Q

Can you be convicted of robbery and felony murder

A

No- robbery merges into felony murder

137
Q

For embezzlement it must be the fraudulent conversion of property of _____

A

ANOTHER

138
Q

for false pretenses you get ____ of the property

A

TITLE. If victim hands property over and never intends to get it back = false pretenses

139
Q

For larceny by trick, you obtain _____ of the property but not _____

A

possession but not title. tell a lie to obtain custody of the personal property of another

140
Q

is voluntary manslaughter considered murder for the bar

A

NO. Murder= intent to kill, intent to GBH, depraved heart murder, Felony murder

141
Q

for robbery, what must the threat be?

A

immediate threat of death or serious physical injury to victim or close family member

142
Q

if the crime is to knowingly possess x, what do you need to prove

A

You need to KNOW you have it
You need to KNOW what you have

143
Q

two types of assault

A
  1. attempted battery assault- d takes substantial step towards commission of battery (specific intent crime)
  2. fear of harm assault- D intentionally places another in apprehension of imminent bodily harm (general intent crime)
144
Q

for party opponent hearsay exception who must it be

A

Party to litigation so in a criminal case- state v defendant- it can be the prosecution OR the defendant, not the victim.

145
Q

When can an accomplice be charged with same Crime as the principal

A

ALWAYS- unless they repudiate prior aid, tell police and do so before chain of events is in motion

146
Q

For second degree murder (CL) essay question- how to start the essay

A

D must have acted with the requisite mens rea of malice aforethought. Malice aforethought includes the following mental states: the intent to kill, the intent to inflict serious bodily injury, reckless indifference to a known and unjustifiably high risk to human life (i.e., a “depraved heart”), or the intent to commit certain felonies. In this jurisdiction, second-degree murder is “all murder that is not deliberate or premeditated.”

Also address that there is NO premediation (for 1st degree murder) and go thru facts as to why there is no premediation

147
Q

Can you have attempted depraved heart murder

A

NO b/c for attempted murder you must have the intent to KILL.

148
Q

If you intend to do GBH and instead, succeed in killing, are you still guilty of murder

A

yes, despite lack of intent

149
Q

accomplices can be charged with the same crime as principal unless they…

A

repudiate, tell police and do this before chain of events is set in motion

150
Q

Does arson require intent to burn down

A

NO

151
Q

Can you have transferred intent for first degree murder

A

YEs

152
Q

Would speeding qualify for depraved heart murder

A

NO- speeding is not considered reckless disregard for obvious or unjustifiable high risk of death for depraved heart murder

153
Q

Can a person use force to protect another from self harm/ committing suicide

A

Yes, D is privileged to use reasonable force to protect that person from self harm when the person can’t understand the nature/consequences of actions AND D reasonably believes the person is about to kill or seriously harm themselves

154
Q

For conspiracy, if you don’t know co-conspirator has a gun, can you be convicted of conspiracy for ARMED robbery

A

No- b/c it is specific intent crime, you need to INTEND the elements of the crime

155
Q

Is paying someone to murder your wife enough to convict you for attempted murder

A

NO- b/c in common law, attempt required DANGEROUS proximity and paying someone doesn’t bring you in dangerous proximity to completing murder

156
Q

Accomplice must be ….

If they are a getaway driver with no knowledge of what their friends are doing in the bank….

A

present at the crime and aiding principal with intent that principal commit the crime

157
Q

If D hands offer the property and never intends to get it back, is it larceny by trick or false pretenses

A

False pretenses- title and possession

158
Q

Are factual impossibilities- i.e the crime was impossible to complete (no bullets in gun) or withdrawing (changing your mind) defenses to inchoate crimes (CATS)?

A

NO

159
Q

for arson or Malice murder- if you neglectfully burn down the house of another… did you commit arson?

A

No- Malice crimes require recklessness- intentional disregard of known risk that a result will occur

160
Q

A man plans to burns down his neighbor’s house. His friend likes the idea- says “Yeah, go burn down their house, they deserve it.” Man’s gf hands him a match. What can friend and gf be charged with?

A

ARSON- b/c they are accomplices. They are liable for arson through a theory of accomplice liability

161
Q

can a battery or assault serve as adequate provocation for voluntary manslaughter

A

YES

162
Q

A guy is sitting at a bar. Man comes up to him, punches him in the face and walks away. Guy is so angry, he instantly takes out his gun and shoots man. What is guy guilty of

A

Heat of passion- voluntary manslaughter

163
Q

test for whether d is competent to stand trial (or competent to plead guilty)

A

whether the defendant comprehends the nature of the proceedings against him and has the ability to consult with a lawyer with a reasonable degree of rational understanding.

164
Q

accomplices are liable if they

A

act with the purpose of helping, encouraging, aiding, agreeing in the crime. Mere knowledge that another person intends to commit a crime is not enough. Charged w/ same crime as principal. Just a way to make someone liable who helped.

Ex. D encourages A to burn B’s house. A burns the house. D is an accomplice. If the fire spreads to another house, D is also liable for that crime.

165
Q

is withdrawal a defense to conspiracy

A

No, b/c the crime of conspiracy is complete at the moment an overt act in furtherance of the conspiracy is done.

166
Q

what is imperfect self defense

A

when defendant honestly BUT UNREASONABLY believes that someone is a threat (i.e bad guy at the door coming to kill him) and he shoots in self defense–> can’t be convicted of murder

It reduces MURDER to INVOLUNTARY manslaughter

167
Q

does going thru unlocked door (NOT OPEN BUT UNLOCKED) when you don’t have permission still count as breaking and entering for burglary

A

Yes, because you didn’t have permission and you used any degree of force to OPEN the door without the owner’s permission or legal priviledge.

168
Q

what mental state is required for common law arson

A

Malicious burning of the dwelling of another- malicious requires reckless- reckless disregard of high risk of harm

169
Q

What level of intent is required by an accomplice

A

aid or encouraging principal before or during the crime WITH THE INTENT THAT THE PRINCIPAL COMMIT THE CRIME. So if ur driver just watches you go in and rob a store and then drives away, Not an accomplice unless you can prove INTENTed that Principal commit the crime and you actually helped or encouraged.

170
Q

if person has a “receipt” for items they fraudulently took- think….

A

False Pretenses. Possession and title. The receipt gives you title.

171
Q

attempted rape is what type of crime… and what defenses are available vs rape is what type of crime and what defenses are available

A

Attempted rape- Attempt= specific intent crime- honest unreasonable mistake is a defense.

Rape= general intent crime. only reasonable mistake is defense.

LOOK FOR ATTEMPT!!!

172
Q

dwelling=

A

HOME

173
Q

if a person drugs someone to take their property while they are out cold, is it robbery

A

Yes, the drugging counts as force

174
Q

if a co felon is killed by a police officer as they are trying to escape the scene of the crime, is the remaining cofelon on the hook for felony murder

A

No b/c it was a justifiable homicide by the police officer

175
Q

define criminal negligence

A

Criminal negligence is grossly negligent action that puts another person at a significant risk of serious bodily injury or death. (think involuntary manslaughter)

176
Q

police extension of a traffic stop to perform dog drug sniffs is ?

A

unreasonable seizure

177
Q

under common law, if someone gets intoxicated at a party and then drives and kills someone can the social host be liable

A

Under Common Law, social host liability is NOT recognized

178
Q

for robbery, is a threat to damage personal property (other than your home) sufficient for intimidation

A

NO, needs to be a threat to hurt you, or close family member or other person present

179
Q

If someone is provoked/angered with JUST WORDS, would it be voluntary manslaughter or 2nd degree murder

A

2nd degree murder b/c words alone are not provocation for voluntary mansalughter

180
Q

define criminal negligence (i.e involuntary homicide)

A

grossly negligent conduct that puts another person at a significant risk of injury or death. But less than depraved heart

181
Q

to charge an accomplice for a reckless or negligent crime, the accomplice must

A

only act recklessly or negligently, not with intention

182
Q

define reckless

A

acting with a conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct.

183
Q

cutoff for intellectual disability for Capital murder

A

IQ of 70 or below

184
Q

if maximum sentence for Crime is less than 6 months in jail are you entitled to jury trial

A

NO

185
Q

conspiring with someone/hiring them to beat up your spouse

A

= solicitation and attempted battery

At common law, it would be conspiracy as long as second person wasn’t under cover officer.

the act of asking someone to do this is enough of substantial step for attempted battery

186
Q

most states apply what theory of felony murder

A

Agency theory= so the criminal is only responsible for acts of his agent- i.e if police officer kills bystander- not the criminal’s fault.

187
Q

does battery require INTENT to harm/touch another

A

NO- b/c it is a general intent crime, it includes criminal negligence- so gross negligence in touching/harming another

188
Q

MPC rule for insanity

A

Defendant does not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law due to mental disease or defect

189
Q

If abanonment is due to fear of being caught then can abandpnment be a defense?

A

No

190
Q

Define malice aforethought

A

Depraved indifference to the value of human life. Acting with reckless indiffernce to human life. Shooting gun into crowded room

191
Q

What could be charge for someone shooting a gun in general direction of friend to scare him

A

Murder-behavior that carries substantial risk of causing death and done with no legit purpose except amusement of D. Depraved indiff to human life

192
Q

For an unintentional.death caused by assault or battery, what can be charged

A

vol manslaughter

193
Q

For 1st degree murder, how can specific intent to kill be negated by voluntary intoxication?

A

Being drunk can rob the defendant of his ability to premeditate

194
Q

Is opening an unlocked closed door considered breaking for burglary

A

Yes

195
Q

For mpc, would paying money to hit man in advance be attempt?

A

Yes, enough of substantial step to be attempted murder and solicitation

196
Q

Is it entrapment for an undercover officer to offer drugs to known drug user?

A

No

197
Q

Define negligent homicide.under mpc

A

Causing a death thru exercise of behavior that iS gROSS deviation from standard of care of reasonable person

198
Q

Can the death penalty be applied to felony murder for a getaway driver

A

No. Death penalty is unconstitutional for felony murder where person did Not intend to kill and DID NOT KILL

199
Q

What act is required for attempt crimes- common law vs mpc-majority

A

Common law-dangerous proximity test. Did d do act dangerously close to performjng crime

Mpc-majority: substantial step test. Did d exceed mere preparation. I.e surveil bank

200
Q

When is abandonment of a crime NOT a defense?

A

1 ,if motivated by desire to avoid detection
2 if part of decision to delay to better time
3 ,if part of decision for diff objective or victim

201
Q

For attempt of statutory rape, do u need to INTEND to rape someone under 18

A

Yes. Any attmept requires specific intent of the offense

202
Q

what is the Wharton rule

A

It says that crimes that require more than one person to commit (like bigamy) also require more than one person for conspiracy to commit.

203
Q

What is the rekindling doctrine

A

If someone assaults/attacks you and then a few days later taunts you about the assault, your anger gets “rekindled” and if you kill them it then falls under voluntary manslaughter b/c of provocation etc…

Bar Exam (19 decks)

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