Crim Law

Question 1

Specific intent crimes

Answer 1

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
solicitation, conspiracy, attempt, first degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

2 additional defenses– voluntary intoxication & unreasonable mistake

Question 2

Larceny

Answer 2

1) trespassory taking and carrying away
2) of the personal property of another
3) with the intent to permanently deprive

Question 3

Embezzlement

Answer 3

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

Question 4

False Pretenses

Answer 4

consists of:

1) obtaining title
2) to the property of another
3) by an intentional or knowing false statement of past existing fact
4) w/ the intent to deprive the other

Question 5

Larceny by Trick

Answer 5

1) obtaining possession
2) of the personal property of another
3) by an intentional or knowing false statement of past existing fact
4) w/ the intent to deprive the other

Question 6

Robbery

Answer 6

1) the taking of the personal property of another
2) from their person or presence
3) through force or threat of force
4) w/ the intent to permanently deprive

Question 7

Receipt of Stolen Property

Answer 7

1) receipt and control of stolen property
2) known to have been obtained through a crime 3) committed by another person
4) w/ the intent to deprive

Question 8

Forgery

Answer 8

making or altering a false writing of apparent legal significance w/ the intent to defraud

Question 9

Extortion

Answer 9

obtaining of property or other things of value by means of oral or written threats

Question 10

Burglary

Answer 10

1) the breaking
2) and entering
3) of the dwelling of another
4) in the nighttime
5) with the intent to commit a felony therein

CA has eliminated breaking & nighttime elements

Question 11

Arson

Answer 11

malicious (intentionally or recklessly) burning of dwelling of another

burning must be charring not scorched - charmander

Question 12

Criminal Assault

Answer 12

either the 1) attempt to commit a battery; OR 2) intentional creation of reasonable apprehension in the mind of the victim of imminent bodily harm

Question 13

Criminal Battery

Answer 13

1) unlawful application of direct or indirect force
2) to the person of another
3) resulting in bodily injury or offensive touching

aggravated battery if 1) use of a deadly weapon; 2) serious bodily injury; or 3) victim in child, woman, or officer

Question 14

Mayhem

Answer 14

the dismemberment or disablement of a body part

Question 15

Kidnapping

Answer 15

unlawful confinement of a person that involves either: 1) movement of the victim OR 2) concealing victim in secret place

aggravated kidnapping if for ransom, for purpose of committing other crimes, for an offensive purpose (i.e. sexual offense), or child stealing

Question 16

Homicide - a year and a day rule

Answer 16

death of victim must occur w/in 1 yr & 1 day from infliction of injury. D’s act must proximately cause victims death

Question 17

Second Degree Murder

Answer 17

common law murder is 1) unlawful killing 2) of a human being 3) w/ malice aforethought

unlawful killing = w/out justification

malice aforethought = intent to kill, intent to inflict great bodily injury; reckless indifference to unjustifiably high risk to human life, or felony-murder

Question 18

Felony Murder

Answer 18

felony must be dangerous and independent of killing

if co-felon is killed by victim or police, majority view its not felony-murder

Question 19

First Degree Murder

Answer 19

committed w/ premeditation and deliberation

premeditation= act was committed after a period of reflection
deliberation= act was committed cooly and dispassionately

First Degree felony murder if: burglary, arson, robbery, rape, kidnapping, and train robbery

Question 20

Voluntary Manslaughter

Answer 20

intentional killing of a human being w/ adequate provocation

adequate provocation requires: 1) sudden intense passion that would cause ordinary person to lose control; 2) D is provoked; 3) insufficient time to cool off; and 4) D did not cool off

Question 21

Involuntary Manslaughter

Answer 21

criminally negligent killing of another or killing by an act not a felony

no intent to kill

Question 22

Inchoate Crimes

Answer 22

attempt, solicitation, accomplice liability, conspiracy, accessory after the fact

only solicitation & attempt merge – can only be charged for solicitation/ attempt to commit a crime or the completed crime, not both

Question 23

Attempt

Answer 23

1) intent to commit a specific crime & 2) overt act in furtherance of that crime

Specific intent crime & merges into completed crime

factual impossibility is not defense but legal impossibility is

abandonment is never defense under majority rule

Question 24

Solicitation

Answer 24

solicitation occurs when 1) D advises, induces, urges or commands another person to commit a crime; 2) w/ specific intent that the person solicited commit the crime

majority- can’t withdraw once solicitation has been made

factual impossibility not defense (i.e. undercover cop)

Question 25

Accomplice liability

Answer 25

1) D encourages or assists another person who commits a crime 2) w/ intent to promote or facilitate commission of crime. 3) D guilty of all foreseeable acts/ crimes of other person engaged in commission of crime general agreement/ knowledge not intent doesn't apply to accomplices who help after crime committed withdrawal must be before crime becomes unstoppable- must repudiate & attempt to neutralize

Question 26

Accessory after the fact

Answer 26

1) one who comforts or assists another 2) knowing they have committed a felony 3) in order to help them escape arrest, trial, or conviction

Question 27

Conspiracy

Answer 27

requires 1) agreement between 2+ ppl to commit a crime; 2) intent to enter into the agreement; and 3) intent to achieve object of the agreement Most states also require act in furtherance of conspiracy (i.e. preparation) all co-conspirators are guilty for acts of co-conspirators that are foreseeable & in furtherance of conspiracy withdrawal not defense under common law but is under MPC if thwart crime

Question 28

Self defense - non deadly force

Answer 28

can use non-deadly force 1) if faced w/ imminent use of unlawful force; 2) used force reasonably believed to be necessary to protect themselves; 3) were w/out fault (didn't initiate) majority rule - no duty to retreat

Question 29

Self defense - deadly force

Answer 29

can use deadly force if 1) confronted w/ unlawful force ; 2) reasonably believed threatened w/ imminent death or great bodily harm; 3) w/out fault (didn't initiate)

Question 30

Imperfect Self Defense

Answer 30

if D's belief as to threat is unreasonable, finding of imperfect self defense will mitigate murder to voluntary manslaughter

Question 31

Defense of Another

Answer 31

person may defend another if reasonably believe other person is legally entitled to use force and may only use reasonable force

Question 32

Defense: Necessity

Answer 32

D must have reasonable belief their criminal conduct was necessary to avoid greater harm to society (i.e. tossing cargo to prevent boat from sinking)

Question 33

Defense: Duress

Answer 33

requires a threat which defendant reasonably believes threatens death or great bodily harm to himself or family not defense to homicide

Question 34

Defense: Mistake of Fact

Answer 34

must be reasonable & must negate the required mental state for the crime e.g. accused takes bag reasonably believing it was theirs -- no larceny bc no intent to deprive not defense to strict liability crimes specific intent crimes, mistake can be unreasonable. malice & general only reasonable mistake

Question 35

Defense: Voluntary intoxication

Answer 35

defense to all specific intent crimes (1st degree murder, burglary, larceny, robbery, & attempt) but not to general intent crimes (2nd degree murder)

Question 36

Defense: Involuntary Intoxication

Answer 36

defense to all general & specific intent crimes

Question 37

Defenses: | Infancy

Answer 37

under 7 -> no liability | under 14 -> rebuttable presumption against liability

Question 38

Insanity Defenses

Answer 38

McNaughten rule, Irresistible Impulse, Durham Rule, ALI/MPC Test

Question 39

McNaughten Rule

Answer 39

D should be acquitted if a disease of the mind caused a defect of reason such that they lacked the ability to either know the wrongfulness of their actions OR understand the nature & quality of their actions

Question 40

Irresistible Impulse

Answer 40

D should be acquitted if | unable to control their actions or conform conduct to the law bc mental illness

Question 41

Durham Rule

Answer 41

D should be acquitted if | crime was product of mental disease or defect

Question 42

ALI/MPC Test

Answer 42

D should be acquitted if | lacked substantial capacity to appreciate criminality of conduct or conform conduct to law bc mental disease