Crim Law

Question 1

Burglary

Answer 1

Breaking, entering, into the dwelling of another, at night time, with the intent to commit a felony

Notes:
Breaking: slightest push of a door/window
Dwelling: modern rules allow any building
At night: modern rules don’t require this
Intent to commit felony: even if underlying felony doesn’t succeed, can still be convicted for burglary (intent has to exist while breaking and entering!!!)

Question 2

Larceny

Answer 2

The trespassory (without consent) taking and carrying away of the personal property of another with the intent to permanently deprive the owner of the property

Question 3

Robbery

Answer 3

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

Question 4

Battery

Answer 4

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

Question 5

Conspiracy

Answer 5

An agreement between two or more people to accomplish an unlawful purpose with the intent to accomplish that purpose. Maj rule: there must also be an overt act in furtherance of the conspiracy

Question 6

Accomplice liability

Answer 6

A person is liable as an accomplice if he aids the principal prior or during the crime with the intent for it to be committed. The accomplice is liable for the crime itself and all probable consequences of the crime

Question 7

Accessory after the fact

Answer 7

A person who aids or assists a felon in avoiding apprehension or conviction after the felony is committed. The person must know the felony was committed

Question 8

Receiving stolen property

Answer 8

Receiving stolen property with knowledge that the property is stolen with the intent to permanently deprive the owner of the property

Question 9

Co-conspirator liability

Answer 9

A conspirator can be convicted of both the offense of conspiracy and all substantive crimes committed by any other co-conspirators acting in furtherance of the conspiracy

Question 10

Withdrawal from conspiracy

Answer 10

At common law, Withdrawal is not a defense to conspiracy because the conspiracy is complete as soon as the parties enter into agreement. Maj rule is conspiracy isn’t created until overt act is taken

To withdraw before overt act: repudiate and alert police (not charged w conspiracy bc no overt act taken)

To withdraw after overt act:
Repudiate, alert police. Won’t be charged w other crimes that were later gonna occur, but still charged w conspiracy bc it was fully formed

NOTE: ACCOMPLICE LIABILITY CAN STILL APPLY

Question 11

Accomplice withdrawal

Answer 11

1) repudiate prior aid
2) do all that is possible to countermand prior assistance
3) do so before the chain of events is in motion and unstoppable

Question 12

Common law murder (malice aforethought)

Answer 12

Unlawful killing with malice aforethought, which is the Intent to kill, intent to inflict serious bodily injury, depraved heart, or felony murder rule

Question 13

First degree murder

Answer 13

Statutorily created category of murder, defined as deliberate and premeditated murder

Question 14

Depraved heart

Answer 14

Killing must result from reckless action by defendant that manifests an extreme indifference to human life

Question 15

Second Degree Murder

Answer 15

Unlawful killing of a human being with malice aforethought

Question 16

Voluntary manslaughter

Answer 16

Murder committed in response to adequate provocation (in the “heat of passion”)

Question 17

Involuntary manslaughter

Answer 17

Unintentional homicide committed with criminal negligence or during an unlawful act

Question 18

Imperfect self-defense

Answer 18

When the person claiming self-defense unjustifiably kills the attacker and it will reduce the charge from murder to voluntary manslaughter

Question 19

Fraud in Factum

Answer 19

Unaware that act is occurring (doctor telling patient something is part of procedure but is actually sexual intercourse, would be rape)

Question 20

Fraud in inducement

Answer 20

Victim knows what act is being committed (I’ll marry you if you have sex w me, not rape bc still consent to the act)

Question 21

Insanity M’Naughten Rule

Answer 21

(The commonly tested one)

D is not guilty if, because of defect or due to mental disease, D did not know EITHER:

1) Nature and quality of the act
OR
2) The wrongfulness of the act

Question 22

Insanity Irresistible Impulse

Answer 22

D is not guilty if he lacked capacity for self-control and free-choice because:

Mental disease or defect prevented him from being able to conform to law

Question 23

Durham Rule

Answer 23

D is not guilty if the lawful act was the product of the D’s mental disease or defect
AND
would not have been committed but for the disease or defect

Question 24

MPC insanity test

Answer 24

D is not guilty if, at time of conduct, as a result of mental disease or defect,

he did not have substantial capacity to appreciate wrongfulness of the act OR to confirm his conduct to the law

Question 25

Voluntary intoxication

Answer 25

Defense that applies to most Specific intent crimes (FIAT), not for malice, recklessness, strict liability, etc

Question 26

Self-defense

Answer 26

Reasonable use of force to protect one’s self at a reasonable time
- deadly force only when protecting against deadly force
- unreasonable self-defense requires good faith, can bring murder charge down to voluntary manslaughter

Question 27

Entrapment

Answer 27

Crime is induced by government official and D wasn’t predisposed to commit a crime already

Question 28

Embezzlement

Answer 28

Fraudulent, conversion, of the property, of another, by a person who is in lawful possession of the property

Question 29

Solicitation

Answer 29

Entices, encourages, or asks person

To commit a crime

With the intent that the other person commits the crime
(Point out that this merges into the completed crime)

Question 30

MPC Unilateral Approach to conspiracy

Answer 30

A unilateral conspiracy can be formed if only ONE party agrees to accomplish that lawful purpose

Aka if this approach is used when the other party is an undercover detective you’re fucked

Question 31

Attempt

Answer 31

Specific intent to achieve the criminal act
AND
a substantial step in the direction of the commission of the act or dangerous proximity to the commission of the act
- mere preparation is not a substantial step

Question 32

Juveniles

Answer 32

No life without parole sentences if non homicide crime
No mandatory life without parole for juveniles convicted of homicide