Crim Law

Question 1

Elements of a Crime

Answer 1

1. Actus Reus
2. Mens Rea
3. Concurrence
4. Harmful Result and Causation

Question 2

Model Penal Code Mental States

(Mens Rea)

Answer 2

1. Purpose - conscious desire to achieve a particular result
2. Knowledge - aware of what he is doing and practically certain that his conduct will cause the result
3. Recklessness - aware of a substantial risk and consciously disregards
4. Negligence - should have been aware of a substantial risk
5. Strict Liability

Question 3

Common Law Mental States

(Mens Rea)

Answer 3

1. Specific Intent - acts with desire to achieve specific result
2. Malice - acts intentionally or with reckless disregard of a known risk
3. General Intent - generally aware of the factors constituting crime (need not intend a specific result)
4. Strict Liability

Question 4

Concurrence Rule

Answer 4

Defendant must have the required mental state at the same time that he engages in the culpable act

Question 5

Criminal Battery

Answer 5

The (1) unlawful (2) application of (3) force to another person causing (4) bodily injury or offensive contact

Mental State: General Intent

Question 6

Criminal Assault

Answer 6

1. An attempted battery (swing and a miss); or
2. Intentional creation of reasonable apprehension of imminent harmful contact (general intent)

Question 7

Common Law Murder

Answer 7

A unlawful killing of another committed with malice aforethought.

• Malice:
  
  • Intent to Kill;
  • Intent to inflict great bodily harm; OR
  • Depraved heart: reckless indifference to a known high risk of death or great bodily harm
• OR Felony-Murder Rule

Question 8

Degrees of Murder

Answer 8

1. First Degree:
   
   • Premeditated and Deliberate Intent to Kill
2. Second Degree: all other murders

Question 9

Felony-Murder Rule

Answer 9

Homicide committed during an inherently dangerous felony

• Homicide must be foreseeable/proximate cause
• During felony or immediate flight (not after felon reaches a place of temporary safety)
• Vicarious Liability:
  
  • Liable for death caused by co-felon
  • Not liable if non-felon kills co-felon
  • Proximate Cause Theory: liable for death of non-felon by non-felon
  • Agency Theory: not liable for death of non-felon by non-felon

Question 10

Voluntary Manslaughter

Answer 10

An intentional killing that would otherwise be murder will be mitigated to voluntary manslaughter if:

1. Committed in the Heat of Passion upon
2. Adequate Provocation: must be a subjective and objective passion AND no cooling off

Question 11

Involuntary Manslaughter

Answer 11

An unintentional homicide commited without malice (e.g, with criminal negligence (common law) or recklessly (MPC).

• Intent to inflict slight bodily harm
• Criminal Negligence - gross deviation from reasonable person standard

OR

​Misdemeanor-Manslaughter Rule: homicide during a non-inherently dangerous felony or a malum in se crime

Question 12

False Imprisonment

Answer 12

The (1) unlawful (2) confinement of a person (3) without consent

Mental State: General Intent

Question 13

Kidnapping

Answer 13

The false imprisonment of another person invovling either movement or concealment.

Mental State: General Intent

Question 14

Forcible Rape

Answer 14

(1) Sexual Intercourse
(2) without consent
(3) accomplished by force, threat of force, or when the victim in unconscious

Mental State: General Intent

Question 15

Statutory Rape

Answer 15

Sexual Intercourse with someone under the age of consent

Majority Rule: Strict Liability

MPC/Minority Rule: A reasonable mistake is a defense

Question 16

Larceny

Answer 16

1. Trespassory (wrongful or unlawful)
2. Taking and Carrying Away (moved)
3. the Property of Another (lawful custody)
4. with the Intent to Permanently Retain

*A taking under claim of right is never larceny, even if erroneous

*Continuing Trespass - later developed intent to steal (exception to the concurrence rule)

*Larcenty by Trick if obtained through misrepresentation

Question 17

Embezzlement

Answer 17

Fraudulent conversion of the property of another by one in rightful possession.

Mental State: Specific Intent to defraud

Question 18

False Pretenses

Answer 18

The acquisition of title to another’s property by a false representation with intent to defraud.

• Causes a change in ownership, not merely possession.

*Consider also larceny by trick (custody–not title–obtained by misrepresntation)

Question 19

Robbery

Answer 19

Larceny plus two;

A larceny committed from the victim’s presence by force or threat of force of immediate bodily harm.

Mental State: Specific Intent to Steal

Question 20

Forgery

Answer 20

Making or Altering a Writing so that it False with the Specific Intent to Defraud

Question 21

Burglary

Answer 21

The trespassory breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.

• Common law required it to be a residence; now any structure
• Common law required it to be at night; now no longer required
• Must have intent to commit felony inside at the time of entry

Question 22

Arson

Answer 22

The burning (material wasting/charring) of a dwelling of another with malice (intent to burn or knowledge of extremely high risk of burning)

Question 23

Accomplice Liability

Answer 23

• Principal
  
  • Liable for their crimes
• Accomplice (aids, counsels, or encourages)
  
  • liable for principal’s forseeable crimes
• Accessory after the Fact (intends to help felon escape arrest or trial after the felony)
  
  • may be liable of obstructing justice

Question 24

Solicitation

Answer 24

Asks or requests another to commit a crime with the intent that the person solicited commit the crime.

• Specific Intent
• If the party solicited actually commits the crime, the soliciter will also be vicariously liable for the crime (but not solicitation bc merger)

Question 25

Conspiracy (and vicarious liability of co-conspirators and Defenses)

Answer 25

If defendant enters into **an agreement** with another party for an unlawful objective and **some overt act is performed** in furtherance of the unlawful objected. * Agreement can be express or implied * Majority: all conspirators must agree (i.e., no conspiracy with undercover police) * Minorty/MPC: allows unilateral conspiracy **Vicarious Liability:** * liable if (1) reasonably foreseeable and (2) in reasonable furtherance of conspiracy **Defenses**: * Withdrawal - liable for conspiracy but not target crime * Legal Impossibility * No Merger (does not merge into completed crime)

Question 26

Attempt (and defenses)

Answer 26

Guilty of attempt if defendant commits an act of preparation **with the intent to commit the target crime** * Majority rule/MPC: _substantial step_, provided that conduct strongly corroborate the actor's purpose * Common Law: _comes dangerously close_ * Mental State: **Specific Intent to commit underlying crime** **Defenses**: * Merger * Legal Impossibility (factual impossibility no defense)

Question 27

Excuse

Answer 27

If a crime is excused, the defendant is not criminally liable * Youth/Infancy * Insanity * Intoxication * Voluntary - only defense to specific intent * Involuntary - apply insantity tests

Question 28

Insanity Tests

Answer 28

Remember, insanity is an **excuse/defense**. Crim result of insanity 1. _M'Naghten (majority)_: (purely congitive) did not know wrongfulness of act OR could not understand the nature and quality of act 2. _MPC_: (cognitive or volitional) lacked capacity to understand wrongfulness of act or conform conduct to law

Question 29

Voluntary Intoxication

Answer 29

Can be a defense to **specific intent** crimes only; so intoxicate that could not form requisite intent

Question 30

Infancy

Answer 30

Less than seven, cannot be prosecuted; Less than 14, rebuttable presumption against prosecution; Over 14, prosecution allowed.

Question 31

Mistake of Fact

Answer 31

* **Reasonable:** if reasonable mistake negates mental state required for crime then not guilty; generally defense to any crime, except specific intent crimes * **Unreasonable:** only a defense to specific intent crimes

Question 32

Justification

Answer 32

If a crime is justified, the defendant is not criminally liable * Defensive Privileges * Note, initial aggressor can't use SD unless they withdraw OR other side escalates and safe retreat is unavailable

Question 33

Entrapment

Answer 33

Not guilty if not predisposed to commit the crime, i.e., the plan originated with the government