Crim Law

Question 1

Battery

Answer 1

Unlawful application of force to another that causes bodily harm or constitutes an offensive touching

Question 2

Assault

Answer 2

Either an attempt to commit battery or intentionally placing another in apprehension (must be aware) of imminent bodily harm.

Question 3

Robbery

Answer 3

Larceny by force or intimidation when taking is from the person or presence of the victim

Question 4

Larceny

Answer 4

The trespassory taking and carrying away of personal property of another w/the intent to permanently deprive them of it.

Question 5

Common Law Burglary

Answer 5

The breaking and entering of the dwelling of another at nighttime w/specific intent to commit a felony therein

Question 6

Common Law Murder

Answer 6

Unlawful killing of a human being committed with malice aforethought. Includes intent to kill, intent to inflict serious bodily harm, depraved/malignant heart, and felony murder (don’t need to mention felony murder if no felony mentioned)

Question 7

Voluntary Manslaughter

Answer 7

Murder committed in response to adequate provocation. Looking at whether a reasonable person would’ve been provoked by the victims actions and whether there was sufficient time for an ordinary reasonable person to cool off btwn provocation and the killing. D must’ve actually been provoked and not actually cooled off.

Question 8

Rape

Answer 8

Unlawful sexual intercourse with a person against their will by force or threat of immediate force.

Question 9

Attempt

Answer 9

Substantial step towards commission of a crime coupled with intent to commit the crime.

Question 10

Kidnapping

Answer 10

The unlawful confinement of a person against their will coupled either with the movement or hiding of that person.

Question 11

Depraved-heart murder

Answer 11

In most states, a killing that results from reckless indifference to an unjustifiably high risk to human life is a depraved-heart murder.

Question 12

Involuntary Manslaughter

Answer 12

Involuntary manslaughter is an unintentional homicide that is either committed with criminal negligence or committed while the defendant is engaged in an unlawful act.

Question 13

Criminal Negligence

Answer 13

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

Under the MPC, criminal negligence is a defendant’s reckless act which is a gross deviation from the standard of conduct that a law-abiding person would observe in the defendant’s situation when the defendant was actually aware of the risk his conduct posed.

Question 14

Duress Defense

Answer 14

A defendant can claim the duress defense when a third party’s unlawful threat causes the defendant to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and the defendant violates the law.

Duress is not a defense to murder.

Question 15

Self-Defense

Answer 15

Under the common law, one who is not the aggressor is justified in using reasonable force against another person to prevent imminent unlawful harm to herself. The harm to the defendant must be imminent, not a threat of future harm, and the person can only use as much force as is required to repel the attack.

Question 16

False Pretenses

Answer 16

False pretenses requires: (i) obtaining title to the property; (ii) of another person; (iii) through the reliance of that person; (iv) on a known false representation of a material past or present fact; and (v) the representation is made with the intent to defraud.

Question 17

Mens Rea: False Pretenses

Answer 17

The crime of false pretenses requires the defendant to (i) know that the representation is false and (ii) specifically intend to defraud the other person. Most courts find that a defendant acts knowingly and has knowledge of a particular fact when the defendant is aware of a high probability of the fact’s existence and deliberately avoids learning the truth.

Question 18

Involuntary Manslaughter

Answer 18

An unintentional homicide committed by the defendant’s criminal negligence is involuntary manslaughter. Criminal negligence is grossly negligent conduct that puts another person at a significant risk of injury or death. Criminal negligence is a substantial deviation from “ordinary negligence”—i.e., the standard of care a reasonable person would have used. But criminal negligence is less than the extremely reckless conduct required for depraved-heart murder.

By contrast, involuntary manslaughter in some jurisdictions and under the Model Penal Code (MPC) only requires the defendant’s conduct to have been reckless. Reckless conduct is defined as “a gross deviation from the standard of conduct that a law-abiding person would observe in the actor’s situation.” And this second approach requires the defendant to have been actually aware of the risk his conduct posed. For a finding of involuntary manslaughter, there must be a causal connection between the defendant’s criminally negligent or unlawful act and the death.

Question 19

MR: Recklessly

Answer 19

“Recklessly” requires the defendant to act with a conscious disregard of a substantial and unjustifiable risk that a material element of a crime exists or will result from his conduct.