Crim Law

Question 1

Four types of specific intent crimes (FIAT)

Answer 1

• First-degree murder
• Inchoate crimes (CAtS): Conspiracy, Attempt, Solicitation
• Assault with attempt to commit battery
• Theft offenses: larceny, embezzlement, forgery, burglary, robbery

Question 2

Malice crimes I (AM)

Answer 2

• Arson
• Murder

Question 3

When does malice exist?

Answer 3

When D acts in reckless disregard of a high degree of harm; D realizes the risk and acts anyway

Question 4

Difference between accomplices and accessories after the fact

Answer 4

• Accomplices act with the intent of assisting the principal either before or during the commission of the crime (approving bystanders are not accomplices)
• Accessories after the fact are people who assist the defendant after the crime has been committed

Question 5

Mistakes of fact re: strict liability crime

Answer 5

NOT a defense

Question 6

Mistake of fact re: general intent crime

Answer 6

Mistake of fact is only a defense if the mistake is reasonable and goes to the criminal intent

Question 7

Mistake of fact re: specific intent crimes

Answer 7

Mistakes of fact are a defense whether the mistake is reasonable or unreasonable as long as D honestly held the mistaken belief

Question 8

M’Naghten instanity test

Answer 8

D either did not know the nature of the act or did not know that the act was wrong because of a mental disease or defect

Question 9

Model penal code insanity test

Answer 9

Due to a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of his actions or to conform their conduct to the law

Question 10

When can involuntary intoxication be a valid defense?

Answer 10

To general intent, specific intent, and malice crimes when it negates the mens rea necessary for the crime

Question 11

When can voluntary intoxication be a defense

Answer 11

Only to specific intent crimes and only if it prevented the defendant from forming the mens rea
*Not a valid defense if the defendant got drunk in order to commit the crime

Question 12

Definition of homicide

Answer 12

The killing of a living human being by another human being

Question 13

Common-law murder

Answer 13

Unlawful killing of another human being committed with malice aforethought

Question 14

Four kinds of malice

Answer 14

• Intent to kill
• Intent to inflict seriously bodily harm
• Depraved heart
• Felony murder

Question 15

Manslaughter

Answer 15

All unlawful killings of another human being that are not first-degree murder or common law murder

Question 16

Voluntary manslaughter

Answer 16

D intends to kill the victim and acted in the heat of passion or under extreme emotional disturbance

Question 17

Involuntary manslaughter

Answer 17

Criminally negligent killing or killing of someone while committing a crime other than those covered by felony murder

Question 18

First-degree murder

Answer 18

Deliberate and premeditated murder or a killing that results during the commission of an inherently dangerous felony

Question 19

Premeditation

Answer 19

When D fully forms the specific intent to kill an appreciable time before committing the act

Question 20

Deliberation

Answer 20

When D makes the decision to kill after reflecting on the act and its likely consequences in a cool and dispassionate manner

Question 21

When is deadly force in self-defense justified

Answer 21

When D actually and reasonably believes that such force is necessary to protect him/herself from imminent death or serious bodily harm
*Generally unavailable if D provoked the victim’s attack

Question 22

Depraved-heart murder

Answer 22

Occurs when a person’s reckless disregard of a high risk of serious bodily harm is the actual and proximate cause of another’s death

Question 23

Imperfect defense

Answer 23

Intentional killing committed either:
- with honest but unreasonable belief that deadly force was necessary to prevent serious bodily injury or death
- D started altercation that led to necessary use of deadly force