CRIM LAW

Question 1

Types of Homicides

Answer 1

1) Intent to Kill
2) Intent to Inflict Bodily Harm
3) Felony Murder
4) Depraved Heart
5) Voluntary Manslaughter
6) Involuntary Manslaughter

Question 2

Intent to kill:

Answer 2

premeditated; specific intent; want the guy dead.

NEVER INFER INTENT.

Question 3

Intent to inflict serious bodily harm:

Answer 3

just wanted to injure someone, but they died.

Question 4

3. Felony murder: in the course of committing dangerous felony

Question 5

Felonies under Felony Murder:

Answer 5

BARRK

burglary, arson, rape, robbery, kidnapping

Question 6

Depraved heart

Answer 6

reckless/malice (should have known and acted anyway) disregard of human life.

(general intent)

Question 7

2 Types of Manslaughter

Answer 7

Voluntary
Involuntary

(general intent)

Question 8

Voluntary Manslaughter:

Answer 8

1. adequate provocation; something provoked you;
2. heat of passion;
3. no time to cool off

Question 9

Involuntary Manslaughter :

Answer 9

acted negligently and someone died.

Question 10

Presence of people makes conduct:

Answer 10

reckless

Question 11

Lack of presence of people makes conduct:

Answer 11

negligent

Question 12

Attempt

Answer 12

(1) Criminal intent to commit the crime
(2) Some sort of overt act or substantial step towards completing the crime

Question 13

Attempt Merger

Answer 13

if trying, and successfully commit crime, attempt merges into underlying crime and only guilty of crime itself.

Question 14

Conspiracy

Answer 14

Two or more ppl agree to commit a crime, with the intent that they will. agreement = guilty of conspiracy.

Question 15

Under Common law, how many parties must be in agreement for a conspiracy?

Answer 15

two or all must be in agreement

Question 16

Under MPC––unilateral theory of conspiracy, how many parties must be in agreement for a conspiracy?

Answer 16

if single individual decides, that is enough to be guilty of conspiracy.

Question 17

Co-conspirator rule:

Answer 17

once there is a conspiracy, any crime committed by one conspirator means the other conspirator will be guilty of all those crimes, as long as they are in furtherance (foreseeable) of the conspiracy.

Question 18

Can u withdraw from the conspiracy?

Answer 18

NO, once there is an agreement, even if u change ur mind, u will forever be guilty of conspiracy

Question 19

Can u withdraw from other crimes? (conspiracy)

Answer 19

YES, if u provide notice to ur co-conspirator or the cops prior to the crime being committed.

Question 20

Solicitation

Answer 20

Soliciting someone, encouraging someone, offering, motivating to commit a crime with the intent they do so.

Question 21

Burglary:

Answer 21

(1) Breaking: any opening or enlarging of an entrance or doorway
(2) Entering: (any part of body)
(3) Dwelling of another at night
(4) With INTENT to commit a felony

Question 22

Larceny

Answer 22

Trespassory taking–touching someone else’s property without their consent–away of personal property of another w/intent to permanently deprive

Question 23

Robbery

Answer 23

Intentionally taking personal property w/ intent to permanently deprive but obtained it by force fear or intimidation.

Question 24

Assault

Answer 24

1. The intent to commit a battery, or
2. Intentionally placing one in imminent apprehension of harm

Question 25

Are words alone enough for criminal assault?

Answer 25

NO, there must be actual evidence that can back up the threat.

Question 26

Larceny by Trick

Answer 26

Taking possession of property of another by misrepresenting a fact, lying, false statement ## Footnote Always have possession because if tricked to get the property, you never owned it.

Question 27

False Pretenses

Answer 27

Lying, cheating, saying false statement, but you obtain title of property, ## Footnote *Always a two-way transaction*

Question 28

Embezzlement

Answer 28

Lawful possession of property of another, but then I convert it to my own use. (sell)

Question 29

Accomplice Liability

Answer 29

Aiding and abetting, helping someone achieve crime .

Question 30

When does accomplice liability occur?

Answer 30

Before the crime is committed

Question 31

Is knowledge of crime alone sufficient for accomplice liability?

Answer 31

NO, have to be doing something to help you commit crime, w/ the intent that you do so.

Question 32

True or False: Under accomplice liability, If crime successful, accomplice can also be guilty of the crime itself.

Answer 32

TRUE

Question 33

Accessory After the Fact

Answer 33

X knows a crime has been completed, and X does something to help Y evade arrest or conviction. -

Question 34

When does accessory after the fact occur?

Answer 34

after the crime is completed

Question 35

True or False: Under accessory after the fact,, accessory can also be guilty of the crime itself.

Answer 35

FALSE X will only be guilty of accessory after the fact, never for the actual crime

Question 36

Battery

Answer 36

Unlawful application of force, no matter how it happened

Question 37

Arson:

Answer 37

Malicious burning of the dwelling of another.

Question 38

Malice under Arson:

Answer 38

proved by showing a reckless disregard for an obvious or high risk that a structure will burn.

Question 39

Dwelling under Arson:

Answer 39

structure used for sleeping or even a business.

Question 40

Rape & Kidnapping are ____ intent crimes.

Answer 40

GENERAL

Question 41

Voluntary Intoxication

Answer 41

Defense only to specific intent crimes, not a defense to general intent crimes.

Question 42

McNaughton Test

Answer 42

X is legally insane if they have a mental disease which prevents them from appreciating the nature and quality of X’s act, so X doesn’t believe their conduct is a crime.

Question 43

Mistake for Specific Intent

Answer 43

any mistake, whether reasonable or not, is a defense.

Question 44

Mistake for General Intent

Answer 44

mistake must be reasonable.

Question 45

If Defendant is alleging mistake, Defendant has to use the word ____.

Answer 45

Mistake

Question 46

Legal Impossibility is always/never a defense.

Answer 46

ALWAYS

Question 47

Legal Impossibiliy

Answer 47

the elements were not met; did not amount to a crime

Question 48

Factual Impossibility is always/never a defense.

Answer 48

NEVER

Question 49

Factual Impossibility

Answer 49

even if facts were wrong, still guilty, elements were met