Crim law 2

Question 1

Aggravated Assault (2)

Answer 1

1. use of deadly or dangerous weapon
   OR
2. with intent to rape, maim or murder

Question 2

Murder (4)

Answer 2

unlawful killing of another with malice aforethought

1. intent to kill
2. intent to inflict great bodily harm
3. felony murder
4. depraved heart “reckless indifference”

Question 3

1st Degree Murder (3)

Answer 3

1. Premeditated killing
   - human, w intent or knowledge of causing death
2. felony murder (BARRK)
3. homicide of officer
   - must show victim is law enforcement AND
   - victim acting in line of duty

Question 4

Felony Murder Defenses (4)

Answer 4

1. if there is defense to underlying (if not, then strict liability)
2. felony must be other than the killing itself
3. once reached a temporary place of safety
4. D not liable for death of a co-felon as a result of resistance by victim or the police

Question 5

2nd Degree Murder (2)

Answer 5

1. in many states, a killing done with “depraved heart”
   OR
2. murders not classified as 1st degree

Question 6

Voluntary Manslaughter (4)

Answer 6

1. “heat of passion” from adequate provocation
2. would cause an ordinary person
3. not enough time to cool
4. and D in fact did not cool off

*HONEST but UNREASONABLE (only some states)

Question 7

Involuntary Manslaughter (2)

Answer 7

1. criminal negligence
   OR
2. misdemeanor manslaughter
   -killing while committing misdemeanor or enumerated felony

Question 8

Kidnapping (2)

Answer 8

1. confinement of a person

2. some movement OR concealment in secret place

Question 9

Rape

Answer 9

the slightest bit of penetration completes

Question 10

Statutory Rape

Answer 10

STRICT LIABILITY

• consent no defense
• mistake of fact no defense

Question 11

Larceny (2)

Answer 11

1. taking or carrying away
2. with intent to permanently deprive

CL: slightest taking, at time of taking

*taking with belief it is yours is not common law larceny

Question 12

Continuing Trespass (2)

Answer 12

1. takes without intent to steal

2. but later decides to keep

Question 13

Embezzlement (2)

Answer 13

fraudulent conversion of property of another

1. lawful possession
2. followed by unlawful use/illegal conversion

Question 14

False Pretenses

Answer 14

D persuades owner of property to convey TITLE (false representation)

• false rep of past or present fact
• false PROMISE to do something in FUTURE not grounds

LARCENY BY TRICK- possession

Question 15

Robbery (4)

Answer 15

1. taking of personal property
2. from the other persons presence (broad)
3. by force or threat (imminent harm
4. w/ intent to permanently deprive

Question 16

Extortion

Answer 16

knowingly seeking to obtain property or services by means of a threat

DISTINGUISH FROM ROBBERY

• doesnt have to be from presence (ex bank acct)
• FUTURE harm not IMMINENT harm

Question 17

Forgery (2)

Answer 17

1. making or altering of a false writing
2. with intent to defraud

-any writing that has apparent legal significance is subject to the crime

Question 18

Burglary (5)

Answer 18

1. breaking (actual/constructive)
   - pushing a door open suffices
   - by fraud or threat
2. and entering
   - any part of body crosses into house
3. of a dwelling of another
   - no barn or commercial structure
4. at night
5. with the intent to commit a felony (at the time of breaking and entering)

Question 19

Arson

Answer 19

1. malicious burning
   - not smoke or scorching but CHARRING suffice
2. of the dwelling of another
   - no barn or commercial building
   - at common law not your own

-“malice” req no specific intent required, RECKLESS DISREGARD