Crim Law

Question 1

Doctrine of transferred intent

Answer 1

When a ∆ acts with intent to cause harm to one person and that act directly results in harm to another person, ∆ is treated as having intent to cause harm to person harmed.

Question 2

Common-law murder

Answer 2

Unlawful killing of another human being committed with malice aforethought

Malice:

1) Intent to kill
2) Intent to inflict serious bodily harm
3) Abandoned or malignant (depraved) heart
4) Felony-murder

Question 3

Voluntary manslaughter

Answer 3

∆ intends to kill but state of mind is less blameworthy than murder

Either

1) heat of passion or
2) under extreme emotional disturbance

Would most people act without thinking and without time to cool off?

Question 4

Involuntary Manslaughter

Answer 4

Criminally NEGLIGENT killing or killing of someone while committing a crime other than those covered by felony murder (i.e., misdemeanor manslaughter)

OR
engages in criminally negligent conduct and causes death (e.g, traffic deaths)

Question 5

Felony murder with co-felons dying - always, sometimes, never?

Answer 5

If co-felon dies during commission or attempted commission of dangerous felony, yes.

If co-felon killed by victim or police officer during commission, no.

Question 6

Robbery

Answer 6

Larceny + assault

1) Taking
2) Another person’s property
3) Without his consent
4) With intent to deprive him of it permanently
5) The taking occurs from the victim’s person or in his presence
6) Either by violence or by putting the victim in fear of imminent physical harm

Extortion = variation of robbery (threat of future harm)

Question 7

Burglary

Answer 7

1) Breaking and
2) Entering
3) The dwelling*
4) Of another
5) At night*
6) With the specific intent to commit a felony once inside

Modern - Property (not dwelling) of anther, no night time requirement

Question 8

Arson

Answer 8

1) Malicious
2) Burning
3) Of another person’s
4) Dwelling

Question 9

Larceny by trick

Answer 9

1) Taking and carrying away of
2) Another person’s property
3) Through fraud or deceit
4) With the INTENT to deprive him of it permanently

Obtains possession BUT not title (that’s False Pretenses)

Question 10

Solicitation

Answer 10

Intentional enticing, encouraging, requesting or commanding of another person to commit a crime with intent that the other person commits the crime.

Question 11

Conspiracy with undercover cop - always, sometimes, never?

Answer 11

Common Law - Need agreement b/w two parties

∆ + undercover = No
∆ + ∆2 + undercover = Yes

MPC - Unilateral conspiracies are recognized!
∆ + undercover = Yes

Question 12

Wharton Rule

Answer 12

If a crime requires 2+ participants (e.g., adultery), no conspiracy unless more parties than necessary to complete the crime agree to commit crime

Question 13

Attempt - when does it qualify?

Answer 13

Requires

1) Specific intent to commit criminal act AND
2) substantial step toward commission of offense

CL - may not legally abandon/withdraw because of change of heart

Question 14

Factual impossibility

Answer 14

At time of attempt, facts make intended crime impossible to commit (but ∆ is unaware when attempt is made)

= NOT a defense to crime of attempt

Question 15

Mistake of fact - general intent vs. specific intent as defense

Answer 15

General-intent - only reasonable mistakes of fact

Specific-intent - all mistakes of fact (negates mens rea)

Question 16

Parent against child - always, sometimes, never battery

Answer 16

Parental discipline is justified if exercised for benefit of minor child.

Question 17

Assault - two forms

Answer 17

1) Attempted battery (substantial step toward completing a battery but fails - specific-intent)
2) Apprehension assault/Fear of Harm (intentional placing another in fear of imminent bodily harm - general-intent)

Question 18

Pinkerton Rule

Answer 18

Every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of conspiracy, regardless of actual knowledge

Question 19

Agency theory of felony murder

Answer 19

Only liable for death of others caused by felon’s agents. If cop kills bystander, no liability.

Question 20

Conspiracy

Answer 20

1) Proof of agreement to commit a crime

2) In some jurx - proof of an overt act in furtherance of the agreement

Question 21

Accomplice - requires involvement in principal crim action?

Answer 21

No - even if not physically or constructively present during commission, can still be accomplish if you possess requisite intent (e.g., intent for other party to commit crime by providing weapon)

Question 22

Kidnapping incident to another crime (e.g., robbery)

Answer 22

Movement must be more than is necessary for commission for crime to be liable for both

Question 23

False Pretenses

Answer 23

Obtaining title to property of another through

1) reliance of that person on a known false representation of a material past or present fact AND
2) Representation is made with intent to defraud

Question 24

Forgery

Answer 24

1) ) Making of a false writing with apparent legal significance AND
2) With intent to defraud

“Making” - include creating, altering, inducing another to sign doc when person is unaware of significance of doc

Question 25

Accomplice - does it matter if principal is tried/convicted

CL/minority vs. majority

Answer 25

CL/minority - principal must be convicted

Maj - can still be convicted even if principal is not tried/convicted

Question 26

Embezzlement

Answer 26

1) Fraudulent conversion 2) of the property
3) of another
4) by a person who is in lawful possession of the property

Question 27

Receiving stolen property

Answer 27

1) receive control of stolen property

2) have knowledge that property is stolen; 3) have intent to permanently deprive owner of property