Crim Law

Question 1

____ is a criminal’s state of mind:

Answer 1

CRIM K
C – CRIMINALLY negligently
R – RECKLESSLY (a.k.a. wantonly) 
I – INTENTIONALLY
M – MALICIOUSLY 
K – KNOWINGLY

Question 2

A principal in the 2nd degree (aider or abettor) eats ____

Answer 2

PEAS
P – Is PRESENT at the crime scene
E – ENCOURAGES the crimes commissions
A – Renders ASSISTANCE or stands by with an intent to render assistance
S – SHARED mens rea with principal first degree

Question 3

Think ____ for the more severe ARSONS

Answer 3

PIES
P – There was a PECUNIARY motive for setting fire,
I – An INCENDIARY device was used (Molotov cocktail),
E – EXPLOSIVES were used, or
S – Someone is SERIOUSLY injured

Question 4

_____ kills:

Answer 4

FIGS MAN
F – FELONY murder
I – INTENTIONAL murder
G – Defendant’s conduct created a GRAVE risk of death. Defendant was aware of the risk
and consciously disregarded it displaying a depraved indifference to the victim’s life
S – Intent to cause SERIOUS bodily harm that results in death
MAN – MANSLAUGHTER (voluntary or involuntary)

Question 5

_____ MPC § 210.2(1)(b) can commit felony murder, but not in a ____:

Answer 5

BRAKERS        LAB
B – BURGLARY
R – ROBBERY
A – ARSON
K – KIDNAPPING
E – ESCAPE from police custody after arrest 
R – RAPE
S – Criminal SEXUAL act

L – LARCENY
A – ASSAULT
B – BATTERY

Question 6

A ____ can’t be sentenced to death for felony murder:

Answer 6

CUB
C – D didn’t COMMIT, command, or request the homicide
U – D was UNARMED with a deadly instrument or substance readily capable of causing
death or serious physical injury AND
B – D had no reason to BELIEVE another co-conspirator was armed or intended to engage
in conduct likely to result in death

Question 7

_____ negates a murderous intent:

Answer 7

HIS
H – Committed in the HEAT of passion (HOP) or under extreme emotional disturbance
I – INSANITY or an INFANT under the age of seven
S – SELF-DEFENSE or defense of others/justification (*if established it’s a complete defense)

Question 8

An unintended homicide is murder if it was a ____ death

Answer 8

BIG
B – It occurred during a BRAKERS felony (felony murder);
I – The defendant’s INTENT was to cause serious injury resulting in death; or
G – The defendant created a GRAVE risk of death and the defendant consciously disregarded the risk
(Depraved mind murder).

Question 9

____ to commit common law burglary

Answer 9

I BEND
 I – INTENT to commit a felony therein
B – BREAKING
E – ENTERING the dwelling
 N – NIGHTIME
D - DWELLING

Question 10

Common law larceny requires a ____:

Answer 10

TIP
T – Wrongful TAKING of property
I – Specific INTENT to permanently deprive the owner of that property
P – PERSONAL property of another is taken

Question 11

There are 5 types of ____ “theft”:

Answer 11

FLEET
F – FALSE pretenses
L – Common law LARCENY (TIP) 
E – EMBEZZLEMENT
E – EXTORTION
T – Larceny by TRICK

Question 12

_____ raise criminal defenses:

Answer 12

NICE MICE EVADE WASPS
N – NECESSITY a.k.a. Choice of Evils Defense
I – INFANCY
C – CLAIM of title or claim of right
E – EXCESSIVELY broad penal statute
M – Legal or factual MISTAKE
I – INSANITY or intoxication
C – CUB status as a defense to felony murder 
E – EXTREME emotional disturbance     
E – ENTRAPMENT
V – VAGUE criminal statute
A – Bill of ATTAINDER
D – DURESS
E – EX POST FACTO criminal law
W – WITHDRAWAL from the crime (a.k.a. renunciation) 
A – ALIBI Defense
S – SELF-DEFENSE/justification
P – Heat of PASSION
S – STATUTE of limitations

Question 13

Retroactive criminal laws are prohibited by a ___ piper:

Answer 13

PIED
P – The law made PAST conduct a crime, which, at the time it occurred, was not a crime
I – The law INCREASED the punishment for a past crime
E – The law altered the rules of EVIDENCE after the crime was committed by making it easier to
convict the defendant, e.g. eliminating spousal testimonial privilege, or reducing the number of
jurors for a convictions from 12 to 11.
D – The law eliminated DEFENSES that were available on the date the crime was committed

Question 14

____ allows no reflection, but ____ does:

Answer 14

HOP EED
HEAT OF PASSION;
EXTREME EMOTIONAL DISTURBANCE

Question 15

Most of NICE MICE EVADE WASPS are “affirmative defenses” except for ___ which are “element negating defenses”:

Answer 15

C.I.A.
C – CLAIM of right defense
I – INFANCY defense (the defendant is under 7 or under 18)
A – ALIBI defense

Question 16

In asserting justification, D can ____ on the violent victim by presenting evidence of the victim’s violent:

Answer 16

RAT
R – REPUTATION
A – Violent ACTS
T – THREATS of violence against D

Question 17

To challenge a search, the D must have a good ____

Answer 17

REP:

REASONABLE EXPECTATION of PRIVACY

Question 18

allow warrantless searches:

Answer 18

BACH’S PIES
B – BORDER searches
A – AUTOMOBILE searches
C – CONSENT searches
H – HOT pursuit
S – SCHOOL searches
P – PLAIN view searches
I – Searches INCIDENT to arrest 
E – EMERGENCY searches
S – STREET encounters

Question 19

Consider the _____ factors for a hot pursuit search:

Answer 19

PAGE
P – Clear showing of PC
A – Whether the suspect was ARMED
G – GRAVITY of the offense
E – Likelihood that the suspect will ESCAPE

Question 20

A ____ seizure is constitutional:

Answer 20

FAR
F – Stop & FRISK requiring reasonable suspicion
A – Stop & ARREST requiring probable cause
R – Stop & REQUEST info requiring an articulable basis

Question 21

When deciding whether to grant D’s motion to dismiss for violating D’s right to a speedy trial, the
court will consider the ____ D paid:

Answer 21

PRICE
P – PREJUDICE in the form of loss of witnesses
R – REASON for the delay
I – Whether D is INCARCERATED during delay
C – Severity of the CHARGE
E – EXTENT of the delay