Crim Law/Crim Pro

Question 1

Specific Intent Crimes

Answer 1

1. Solicitation, conspiracy, attempt
2. First degree murder
3. Assault
4. Larceny and robbery
5. Burglary
6. Embezzlement
7. False pretenses
8. Forgery

Question 2

Malice Crimes

Answer 2

1. Murder and arson

2. A reckless disregard of an obvious or high risk that a particular harm result will happen

Question 3

General Intent

Answer 3

1. Battery
2. Rape
3. Kidnapping
4. False Pretenses

Question 4

Insanity

Answer 4

1. M’Naghten Rules
   D is entitled to acquittal if (1) disease of the mind (2) caused a defect of reason (3) such that the defendant does not know the wrongfulness of his actions or the nature and quality of his actions
2. Irresistible Impulse Test
   A D if he has a mental illness and unable to control his actions or conform his conduct w the law
3. Durham: Crime was a product of his mental illness
4. ALI or MPC: lacking substantial capacity to appreciate the criminality or conform his conduct to the law.

Question 5

Voluntary Manslaughter

Answer 5

1. There was an adequate provocation causing intense and sudden passion
2. The defendant was in fact provoked
3. There was not sufficient time to cool off
4. Defendant in fact did not cool off