Crim Law

Question 1

Is conspiracy a specific intent or general intent crime?

Answer 1

Specific intent crime

Question 2

Does CL conspiracy require an overt act?

Answer 2

No, but Modern Law does require an overt act

Question 3

Can you withdraw from a conspiracy after an overt act?

Answer 3

No, because a conspiracy has already been formed by virtue of the overt act.

Question 4

CL burglary elements

Answer 4

1. breaking and entering
2. of the dwelling
3. at night
4. with SPECIFIC INTENT to commit FELONY therein (requisite MR required) (even if crime is not actually committed)

Question 5

If ∆ has already acquired permission to enter a house, is it “breaking and entering” if he goes into room w/in the house w/o permission?

Answer 5

Yes

Question 6

involuntary manslaughter = CND?

Answer 6

criminally negligent homicide

Question 7

Specific Intent Crime Defenses

Answer 7

How will MR be negated:

1. Mistake of Fact (whether reasonable or unreasonable)
2. Mistake of Law if it negates MR
3. In/voluntary Intoxication

FIAT

Question 8

Pinkerton Rule

Answer 8

CL Conspiracy

A co-conspirator is liable for all the crimes he committed and all the foreseeable crimes his co-conspirator committed in furtherance of the unlawful objective

Question 9

Embezzlement

Answer 9

Where ∆ is in lawful possession of property (from the true owner) and then ∆ fraudulently converts it

Question 10

Larceny by Trick v. False pretenses

Answer 10

Larceny: only possession

False Pretenses: title + possession

Question 11

felony murder

Answer 11

homicide + inherently dangerous felony

Question 12

attempted rape–general or specific intent

Answer 12

specific intent

Question 13

rape–general or specific intent

Answer 13

general intent

Question 14

Specific intent crimes (FIAT)

Answer 14

1. First degree murder
2. Inchoate crimes (CATS)
3. Assault w/attempt to commit battery
4. Theft offenses

Question 15

Inchoate Crimes (CATS)

Answer 15

Conspiracy, Attempts, Solicitation

Question 16

larceny -

Answer 16

the TRESPASSORY (i.e., not voluntary) taking away of property with the intent to permanently deprive the owner of the property

Question 17

If owner of the property “consented” to ∆’s taking away of her property, is that larceny?

Answer 17

No, that’s not TRESPASSORY taking away

Question 18

Is voluntary intoxication a defense to CL murder?

Answer 18

No, bc CL murder is a malice crime

Question 19

Majority Jdx for felony murder

Answer 19

Application of agency theory.

i.e.) when bystander is killed by a police officer/victim due to ∆’s felony, ∆ will not be liable bc police officer/victim is not an agent

Question 20

Can a minor be held liable for intentional act with requisite mental state?

Answer 20

Yes, in most jdx

Question 21

CL conspiracy and overt act

Answer 21

Not needed, only the establishment of an agmt is needed

Question 22

involuntary manslaughter

Answer 22

unintentional homicide committed with criminal negligence or during an unlawful act

Question 23

criminal negligence

Answer 23

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

Question 24

CL conspiracy

Answer 24

1. agmt
2. bw 2+ persons
3. to accomplish an unlawful purpose
4. with intent to accomplish that purpose

Question 25

Battery exception if

Answer 25

presumed consent: 1. under prevailing social norms, ∆ is justified in engaging in the conduct in the absence of π's actual or apparent consent & 2. ∆ has no reason to believe that the π would not have actually consented to the conduct

Question 26

When is withdrawal possible in federal/MPC conspiracy

Answer 26

Between date of agreement and commission of an overt act

Question 27

accomplice (MPC and majority)

Answer 27

person who, with the purpose of promoting or facilitating the commission of the offense, aids, or abets a principal prior to/during the commission of the crime

Question 28

accomplice liability

Answer 28

to the same extent as the principal

Question 29

How can accomplice legally withdraw

Answer 29

Accomplice must repudiate prior aid OR do all that he can to negate the prior assistance before the crime is put into motion

Question 30

Justification for criminal acts

Answer 30

Necessity Self-Defense Defense of others Defense of Property Law Enforcement Resisting/Defense of arrest Crime prevention

Question 31

Subst'l step test

Answer 31

∆'s conduct qualifies as an overt act when it exceeds mere preparation and strongly corroborates the ∆'s criminal intent

Question 32

Does ∆ need to be personally benefit in order to be liable for embezzlement?

Answer 32

No

Question 33

Is conversion fraudulent under embezzlement even if the ∆ intends to replace the converted prop. w/similar property of equal/greater value

Answer 33

Yes

Question 34

Amt of embezzlement measured by

Answer 34

the value of the prop. at the time of conversion

Question 35

Is mistake of fact a viable defense for larceny?

Answer 35

yes

Question 36

robbery -

Answer 36

larceny with force or intimidation

Question 37

continuing trespass rule | Crim

Answer 37

trespass is deemed to be continuing when the ∆ does not possess the necessary intent at the time of the taking but later develops the intent to permanently deprive the owner of the personal property BUT initial taking of personal property must be wrongful

Question 38

If co-felon is killed by a police officer/victim in order to prevent escape/self-defense, is the ∆ guilty of felony murder?

Answer 38

No

Question 39

If co-felon is killed by a police officer/victim in order to prevent escape/self-defense, was the murder forseeable?

Answer 39

Yes, if police officer kills co-felon during felony, will be considered justifiable homicide

Question 40

In a conspiracy, must the overt act be performed by the ∆?

Answer 40

No, it may be performed by any party to the conspiracy

Question 41

M'Naghten test for insanity

Answer 41

Whether a mental disease/defect prevented the ∆ from either: 1. understanding the nature + quality of the criminal act OR 2. knowing that his actions were legally or morally wrong

Question 42

MPC Test for Insanity

Answer 42

Whether a mental disease/defect prevented the ∆ from either: 1. appreciating the wrongfulness of the criminal act OR 2. conforming his conduct to the law (much more forgiving M'Naghten)

Question 43

Irresistible Impulse Test for insanity

Answer 43

Whether a mental disease/defect prevented the ∆ from either: 1. controlling his actions or 2. conforming his conduct to the law

Question 44

Durham Test for Insanity

Answer 44

∆'s criminal actions were product of mental illness

Question 45

accomplice's intent to aid can be inferred when accomplice

Answer 45

1. provides highly specialized goods/services; 2. receives unusually large profits from a sale; or 3. has some greater interest in the crime's success

Question 46

MPC voluntary intoxication only a defense to crimes for

Answer 46

statutes' requisite mental state is either: purposely or knowingly

Question 47

Is specific intent CL or MPC?

Answer 47

CL

Question 48

CL attempted murder

Answer 48

if ∆ had 1. specific intent to kill, 2. committed an act in furtherance of the killling, but 3. did not complete the killing

Question 49

CL dangerous proximity test

Answer 49

overt act occurs when ∆ was dangerously close to completing the crime

Question 50

Wharton Rule

Answer 50

bars liability for conspiracy to commit a crime that requires at least 2 culpable parties (e.g., dueling, adultery, bigamy)

Question 51

2 types of criminal assault

Answer 51

1. attempted battery 2. fear of harm assault

Question 52

attempted battery

Answer 52

when the ∆ has the specific intent to commit and takes a subst'l step toward committing a battery

Question 53

fear of harm/apprehension assault

Answer 53

when the ∆ intentionally places another in reasonable apprehension of imminent harmful/offensive contact

Question 54

Majority Approach to Conspiracy

Answer 54

Unilateral approach

Question 55

Minority Approach to Conspiracy

Answer 55

Bilateral approach overt act not required

Question 56

8A prohibition cruel & unusual punishment forbids imposing

Answer 56

life in prison w/o possibility of parole on juvenile ∆ convicted of nonhomicide offense

Question 57

voluntary manslaughter

Answer 57

adequate provocation arousing sudden/intense passion in the mind of an ordinary person Words alone are not adequate to trigger heat of passion crime

Question 58

CL murder

Answer 58

unlawful killing of another human being committed with malice aforethought

Question 59

malice aforethought mental states (CL murder)

Answer 59

intent to kill, intent to do serious bodily injury, reckless indifference to human life, or intent to comit certain felonies

Question 60

Self-defense (non deadly force)

Answer 60

Only if ∆ REASONABLY believes that 1. the other is intentionally inflicting or about to intentionally inflict unprivileged force on the ∆, 2. the force that the ∆ is using is proportionate to the other's use of force or threat of force, and 3. ∆ can prevent the other's force or threat of force only by the immediate use of the force the ∆ is employing

Question 61

∆ may be impeached by juvenile adjudication to show that the ∆ is untruthful. T/F

Answer 61

False, ∆ may NOT be impeached by junvenile adjudication

Question 62

attempt is a specific intent claim even if the target crime

Answer 62

a SL crime and doesn't require specific intent