Crim Law

Question 1

Homicide

Answer 1

To prove all homicides (murder, manslaughter, etc.) the prosecution must show D’s act was:

(1) the actual cause (i.e., the but-for cause of death) and
(2) proximate cause (legally responsible for foreseeable death)

AND that D had the requisite mental state for the type of homicide charged:

(1) malice aforethought for all types of murder and voluntary manslaughter,
(2) extra elements for first-degree murder
(3) no malice, for all types of involuntary manslaughter.

Question 2

First-Degree Murder

Answer 2

First-degree murder is murder committed

(1) within the felony-murder rule,

(2) under premeditation and deliberation, or
(i) Premeditation means D plans killing.
(ii) Deliberations means even a momentary reflection on the idea of killing after forming the intent to kill.

(3) using egregious means.
(i) Ambush (lying in wait)
(ii) Torture
(iii) Bombing
(iv) Terrorism
(v) Poisoning

Question 3

Felony - Murder Rule

Answer 3

First degree murder for any unintended killings proximately caused by and during commission or attempt of inherently dangerous felony (i.e., burglary, arson, rape, robbery, and kidnapping). To convict a defendant of felony murder, the prosecution must establish that the defendant committed the underlying felony.

Question 4

Defenses to Felony - Murder

Answer 4

(1) Defense that negates underlying felony
(2) Killing was unforeseeable
(3) Felon reached place of temporary safety
(4) Redline rule (not liable for death of co-felon by cop or victim)
(5) The only felony was the killing itself

Question 5

Specific Intent Crimes

Answer 5

Definition: Intent to do some purpose beyond the actus reus.

Inchoate Offenses (solicitation, attempt, conspiracy)

First-Degree Murder (statutory)

Assault

All CL Felonies Against Property (Habitation, theft)

Question 6

General Intent Crimes

Answer 6

Definition: Intent to commit the actus reus.

Crimes aside from Strict Liability crimes, such as:

Battery

Rape

Kidnapping

False Imprisonment

Question 7

Malice/Reckless Crimes

Answer 7

Second-Degree Murder

Arson

Mayhem

Question 8

Strict Liability Crimes

Answer 8

(1) Selling Liquor to a Minor
(2) Bigamy
(3) Statutory Rape

Question 9

Second-Degree Murder

Answer 9

Second-degree murder is:

(1) Common law murder, or
(i) unlawful killing
(ii) of another living human being
(iii) with malice aforethought.

(2) all murder not found in first degree.

Question 10

Voluntary Manslaughter

Answer 10

Murder committed in response to adequate provocation. Provocation is adequate if:

(1) inflames the passion of a reasonable person
(2) causes the person to momentarily act out of passion rather than reason
(3) there is insufficient time between the provocation and killing for a reasonable person to cool off
(4) defendant does not, in fact, cool off between the provocation and killing.

Question 11

Accomplice Liability

Answer 11

Accomplices of a crime are accountable for a crime of another. A person is regarded as an accomplice to a crime if they

(1) aid the principal criminal actor, and
(2) intend to encourage the crime.

Accessory After-the-Fact
If aid is provided after the crime was completed, and to hinder apprehension, trial, or punishment of the principal actor, guilty of the separate and lesser offense of obstruction of justice. NOT and accomplice.

Defenses
(A) Timely and effective withdrawal from the crime
(i) Timely means before is impossible to stop.
(ii) Effective depends on aid given:
(a) if merely verbal, just need to renunciate crime to principal actor
(b) if material assistance given, must neutralize the physical assistance (i.e., take away the escape car).

Question 12

Larceny, Robbery, and Extortion

Answer 12

Larceny

(1) Unlawful taking (trespass, fraud, or deceit)
(2) Asportation, however slight
(3) Personal property
(4) Specific intent to permanently deprive victim

Robbery - Same as larceny, plus
(5) From other’s person or presence (vicinity)
(6) By force or threats of IMMEDIATE death or physical injury
(*) Pickpocketing is not robbery (not enough force)

Extortion

(1) Obtaining property
(2) of another
(3) by means of future threats
(i) to do harm to victim or family, or
(ii) expose information (including ratting out to cops)

Question 13

Receipt of Stolen Property

Answer 13

(1) Receiving possession and control of
(2) stolen personal property (including cash)
(3) known to have been obtained in a criminal manner
(4) by another person
(5) with intent to permanently deprive owner of his interest.
(*) Prong 4 is there so a robber doesn’t get hit with receipt of stolen property on top of his crime of robbery (I think).

Question 14

Embezzlement

Answer 14

(1) Fraudulent
(2) conversion of property of another
(3) by a person in lawful possession of that property.

Question 15

False Pretenses

Answer 15

(1) Obtaining title
(2) to the property of another
(3) by an intentional or knowing
(4) false statement of past or existing (but not future) fact
(5) with intent to defraud the other.

*The false or fraudulent statement must be what caused owner to part with title.

**If D only obtains POSSESSION but not title, larceny by trick.

Question 16

Burglary

Answer 16

Common Law

(1) Breaking (use of force, however slight) and
(2) Entering
(3) Of a dwelling of another
(4) In the nighttime
(5) With intent to commit a felony therein.

CAL

• No breaking (no force) and nighttime elements have been eliminated.
• • “Dwelling” has been replaced by just about any structure.

Question 17

Arson

Answer 17

Arson

(1) Malicious (intent or reckless disregard)
(2) burning of the dwelling of another (i.e., possessor, not owner)

*Most states extend arson to structures besides homes.

Question 18

Criminal Assault

Answer 18

(1) Attempt to commit battery, or

(2) (i) Intentional creation
(ii) By more than mere words
(iii) Of a reasonable apprehension
(iv) Of imminent bodily harm.

Question 19

Criminal Battery

Answer 19

(1) Unlawful application of direct or indirect force
(2) To the person of another
(3) Resulting in
(4) Bodily injury or an offensive touching

Aggravated Battery: Requires all of the above + one of the following:
(A) use of a deadly weapon;
(B) serious bodily injury;
(C) victim is a child or police officer.

Question 20

Mayhem

Answer 20

(1) Dismemberment or disablement of a body part

Question 21

Kidnapping

Answer 21

(1) Confinement of a person, involving either
(2) (A) Some movement of the victim, or
(B) Concealment of the victim in a secret place.

Aggravated kidnapping involves:

(1) Ransom motive;
(2) Motive to commit other crimes;
(3) Offensive purpose (such as to commit sexual offense)
(4) Child stealing (i.e., leading/taking/enticing/detaining child w/ intent to keep or conceal from parent/guardian)

Question 22

Rape

Answer 22

Common Law

(1) Unlawful (unconsented)
(2) Carnal knowledge
(3) Of a woman
(4) By a man who is not her husband.

*Consent is ineffective if intercourse accomplished by:
(A) Force;
(B) Threats of great and immediate harm, and
(C) Victim is incapable of consenting (unconsciousness, drugs, intoxication, or mental condition)

Question 23

Malice Aforethought

Answer 23

(i) intent to kill (substantial certainty of death)
(ii) intent to do serious bodily injury, or
(iii) malignant and abandoned heart (reckless indifference to unjustifiably high risk to human life)
(iv) intent to commit certain felonies (felony-murder rule)

Question 24

Attempt

Answer 24

(1) Specific intent to commit crime
(2) D takes a substantial step towards commission of the crime.

• Legal impossibility is a defense.
• *Factual impossibility is NOT a defense (busted for selling drugs when you unknowingly are selling flour).
• **Merges with actual crime when it is completed.

Question 25

Solicitation

Answer 25

(1) D incites, counsels, advises, induces, urges or commands another person
(2) to commit a crime
(3) with the specific intent that the crime be committed by that person.

*Merges with conspiracy when solicitee agrees; merges with attempt when solicitee attempts.

Question 26

Conspiracy

Answer 26

Common Law

(1) An agreement among two or more persons to commit a crime;
(2) Intent to enter into the agreement; and
(3) Intent to achieve criminal objective of the agreement;

Majority Rule
(4) Overt act in furtherance of the conspiracy.

• Majority rule: No conspiracy if only other person conspiring is undercover cop.
• *Minority rule: One guilty mind is enough.
• *D is liable for all foreseeable acts of other person engaged in the commission of the crime.

Question 27

Defenses - Self Defense

Answer 27

A person may use force to defend themselves if:

(1) D reasonably believed
(2) use of force necessary to prevent imminent unlawful harm, and
(3) Amount of force used did not exceed what D believed she was threatened with (i.e., proportional to perceived threat)

*If D acts justifiably in self-defense against a deadly attack, kills a bystander due to reckless handling of weapon, guilty of manslaughter.

Question 28

Defenses - Defense of Another

Answer 28

(1) D must reasonably believe
(2) other person being attacked is legally entitled to use force
(3) and force used is reasonable.

Common Law:
If 3rd party has no right to self-defense, D’s use of force is unjustified no matter how honest or reasonable her belief.

Modern Approach:
D’s use of force is justified if mistake was reasonable.

Question 29

Defenses - Self Defense w/ Deadly Force

Answer 29

Deadly force is justified when:

(1) it appears reasonably necessary to prevent imminent death or infliction of serious bodily harm by the aggressor;
(2) non-deadly force would not sufficiently repel attack; and
(3) retreat is not feasible if a duty to retreat exists.

Majority: No duty to retreat.
Minority: Duty to retreat (i) outside of home (ii) before using deadly force (iii) ONLY if retreat can be carried out in complete safety.

Question 30

Defenses - Consent

Answer 30

Consent is not a defense unless it negates an element of the crime (i.e., in rape or kidnapping).

Question 31

Defense - Self Defense by Aggressor

Answer 31

Generally, aggressor cannot raise self-defense to justify criminal act, unless:

(1) aggressor makes a complete withdrawal and renounces his previous assault, or
(2) initial non-aggressor responds to aggressor’s non-deadly force with deadly force AND initial aggressor cannot withdraw to safety.

Question 32

Defense - Intoxication

Answer 32

Common Law: Not a defense to general or specific intent crimes.

Modern View:

Voluntary Intoxication
(A) Defense to specific intent crimes, including certain kinds of first-degree murder.
(B) Not a defense to general intent crimes, including second-degree murder.

Involuntary Intoxication
(A) Obviates both general and specific intent and is defense to all crimes.
*Often brings up insanity as well.

Question 33

Defense - Defense of Property

Answer 33

Person may defend their possession of real or personal property with:

(1) non-deadly force
(2) if D reasonably believes such force necessary
(3) to prevent an imminent and unlawful taking of property.

Question 34

Defense - Defense of Home

Answer 34

Non-deadly Force
Person always justified in using non-deadly force to defend home.

Deadly Force
Allowed if:
(1) Occupant reasonably believes
(2) intruder intends to harm person inside home
(3) deadly force is necessary to prevent attacker from making imminent and unlawful entry into home and
(4) intruder intends to harm a person inside the home.

Question 35

Defense - Necessity

Answer 35

Otherwise criminal act may be justified if:

(1) An emergency situation or force of nature
(2) Created a clear and immediate danger to D or others
(3) D honestly and reasonably believed act necessary to avoid danger
(4) Harm caused by D’s act less than the harm avoided
(5) D not at fault for creating situation necessitating the illegal act.

*Can never justify homicide.

Question 36

Defense - Entrapment

Answer 36

(1) Law enforcement officers (or person acting under direction of or cooperating with LEOs) induced D to commit crime; and
(2) D was not predisposed to commit crime before being influenced by LEOs (or their agents).

Question 37

Defense - Diminished Capacity

Answer 37

D may offer proof of his mental deficiency to prove that he lacked capacity to form the requisite mens rea for a specific intent crime.

Question 38

Defense - Mistake of Fact

Answer 38

Specific Intent Crimes - Defense available if mistake

(1) Negates the specific intent required by the crime, and was
(2) Honest

General Intent Crimes - Defense available if

(1) Negates the general intent required by the crime,
(2) Honest, and
(3) Reasonable

Question 39

Defense - Insanity

Answer 39

May be found not guilty if:

(1) At the time crime committed
(2) D was sufficiently impaired due to mental illness
(3) as to be found insane according to jurisdiction’s legal standard

Question 40

Defense - Insanity Tests

Answer 40

i. M’Naghten Rule
A disease of the mind caused a defect of reason such that the D lacked the ability to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Irresistible Impulse
Because of mental illness, a D is unable to control his actions or conform his conduct to the law.

iii. Durham Rule
This is but for causation—if the crime was a product of the mental disease or defect, this requires an acquittal.

iv. ALI/MPC Test
As a result of mental disease, D lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law.

v. Federal Statutory Test
By clear and convincing evidence, D can prove that as a result of severe mental disease or defect at time of actions, unable to: (A) appreciate nature and quality of her acts OR (B) wrongfulness of her conduct.

Question 41

Defenses - Infancy

Answer 41

Common Law
Age may raise a presumption that she lacked capacity to form criminal intent.

Younger than 7: Conclusively presumed to lack criminal intent. D cannot be convicted of a criminal act.

Between 7-14: Rebuttable presumption of lack of capacity; can be overcome with evidence that D appreciated nature and quality of her acts and knew them to be wrong.

Older than 14: Treated as adult having full capacity to form criminal intent.

Modern View
Based on statute of jurisdiction

Question 42

Defenses - Duress

Answer 42

D may be acquitted of charges for all crimes EXCEPT murder if can prove:

(1) Third party threatened D or D’s family with death or serious bodily harm;
(2) Third party made threat with intention of forcing D to commit illegal act;
(3) D reasonably believed that threat would be carried out if he failed to commit illegal act; and
(4) D did not voluntarily place himself in a vulnerable position.