Crim law (MBE)

Question 1

How many types of homicide are there?

Answer 1

Two: murder (4 subs-needs INTENT) and manslaughter (2 subs)

Question 2

What are the types of murders?

Answer 2

(1) intent to kill; (2) intent to inflict serious bodily injury; (3) felony murder; (4) depraved heart

Question 3

Define (1) intent to kill

Murder

Answer 3

The crime is PREMEDITATED ++ there must be EXPRESS specific intent to kill

Question 4

Define (2) intent to inflict serious bodily injury

Murder

Answer 4

Person intended to inflict such serious bodily injury BUT the person ended up dying

Question 5

Define (3) felony murder

Murder

Answer 5

Death resulting from committing dangerous felony (BARRK)

B: battery
A: arson
R: rape
R: robbery
K: kidnapping

Question 6

Define (4) depraved heart

Murder

Answer 6

Reckless disregard of human life

Reckless disregard = “knew or should have known” that death could happen an acted anyway. Synonym: malice/malicious

ONLY general intent murder (does not need a mental state)

Question 7

How many types of manslaughter are there?

Answer 7

Two: (1) voluntary, and (2) involuntary

Remember these are both general intent (no mental state needed, just whether the death happen and how)

Question 8

Define (1) voluntary manslaughter

Answer 8

There was ADEQUATE provocation, that out you in the HEAT of passion, leaving you NO TIME to cool off

Question 9

Define (2) involuntary manslaughter

Answer 9

There was negligent conduct that caused a death

Question 10

What is the difference b/w Murder (4) depraved heart - reckless AND manslaughter (2) involuntary - negligent?

Answer 10

Reckless behavior: PEOPLE are around

Negligent: NO people around

Question 11

SPECIFIC intent crimes (not homicide)

Answer 11

There are 2: inchoate crimes and property crimes

Question 12

Types of inchoate crimes

Answer 12

Three: (1) attempt; (2) conspiracy; and (3) solicitation.

Note: it CANNOT be a joke, dare, bluff. It has to be real

Question 13

(1) Attempt

inchoate crimes

Answer 13

criminal intent to commit the crime AND overt act or substantial step toward completing it.

In sum: facts say you want to do it, and you take steps towards it (EVEN if you later regret it/return/etc.)

Question 14

Example: is this an attempt?

Answer 14

Karla R wanted to steal a lighter, grabbed it from the table BUT then she decided not to.

Attempt? YES b/c all elements are met!

Question 15

(2) conspiracy

Inchoate crimes

Answer 15

2+ people agree to commit a crime (**ALL ** people MUST have the SPECIFIC criminal intent to commit such crime).

In sum: there has to be an AGREEMENT w/intent to commit the crime

It cannot be that only one person has the intent

i.e. if a cop is trying to set me up to commit a crime, and we make an agreement to commit such crime –> NO CL conspiracy b/c only I had the intent

Question 16

MPC (model penal code) unilateral theory of conspiracy

Answer 16

Liable if ONE person (on their own) commits to commit the crim (has the intent to do so).

No need for a group intent

Under this, if a cop is trying to set me up to commit a crime, and we make an agreement to commit such crime –> YES MPC conspiracy

Question 17

Co-conspirator rule

CL

Answer 17

Once there is a conspiracy, any crime committed by ONE makes everyone else liable (whether others committed it or not) IF:
the crime committed is in furtherance of the conspiracy (forseeable from the conspiracy).

The crime has to be related to the conspiracy

i.e. Norby and Rod-Dod conspire to commit armed robbery; they go to the chosen bank and change their mind, but accidentally Rod-dod’s gun goes off and shoots a guard - both guilty?

Question 18

Withdrawal

Conspiracy

Answer 18

You CAN withdraw from committing the crime(s) IF, before commititng the crime(s), you provide NOTICE to your co-conspirator(s) OR law enforcement.

Always guilty of conspiracy, even when withdrawing from the crime itself

Question 19

(3) Solicitation

inchoate crimes

Answer 19

You offer, entice, motivate or encourage someone else to commit a crime w/INTENT that they do so

Question 20

What are the types of property crimes?

specific intent crimes

Answer 20

Burglary, larceny, robbery, assault
Larceny by trick and false pretenses
Embezzlement
Accomplice liability (before the fact)
Accessory AFTER the fact

Question 21

Burglary

Property-specific intent crime

Answer 21

**Breaking and entering the dwelling of another @Night w/INTENT to commit a felony **

Breaking = any opening/enlarging of an entryway
Entering = any part of the body in the dwelling (even your pinky counts)
Dwelling = someone lives there
Intent = requires the mental state BUT does not require you sctually completing the crime.

Question 22

Larceny

Property-specific intent crime

Answer 22

Trespassory taking away of personal property w/intent to permanently deprive

Trespassory= carrying/touching property w/o your permission
Taking away = move it (even an inch)

Never worry about about what happens AFTER person moves the thing w/Intent

Question 23

Robbery

Property-specific intent crime

Answer 23

Intentionally taking personal property w/FORCE/intimidation or fear

Look at this from the victim’s POV (even a belief of fear would be sufficient)

Question 24

Assault

Property-specific intent crime

Answer 24

Intent to commit a battery OR
place another in imminent apprehension of a harmful contact-WORDS alone are NOT enough

MUST have evidence of apprehension (a bat, gun, knife, etc.)

Question 25

Larceny by trick | Property-specific intent crime

Answer 25

Taking POSESSION by miserepresenting a fact (lying). Posession is the KEY element - no matter how long you have the property, you ONLY possess it unless fact patter tells you you have title (then, different rule) | This is the default when someone takes by misrepresentation

Question 26

False pretenses | Property-specific intent crime

Answer 26

Obtaining TITLE by misrepresenting a fact MUST show title (facts must give you some piece of paper evidencing ownership/title) ## Footnote 2 ways to show: a buy-sell transaction OR a scam sale/fraudulent transaction

Question 27

Embezzlement | Property-specific intent crime

Answer 27

You were holding/protecting someone's property (so initially had legal possession) BUT you then converted it for your own use | Think pawn-shop guy holding your jewelry (lawful posess.) and selling it

Question 28

Accomplice liability (accessory BEFORE the fact) | Property-specific intent crime

Answer 28

You **AID & ABET** (so you help) someone to achieve a crime + +you have the INTENT that they commit the crime | IF you aid & abet = guilty of the crime itself (if completed)

Question 29

Accessory AFTER the fact | Property-specific intent crime

Answer 29

You know someone committed a crime and **HELP them EVADE** arrest or prosecution | Knowing of the crime alone is not enough ## Footnote You are not guilty of the crime the person committed

Question 30

General intent crimes | ++ what buzz words do not ID these and the crimes

Answer 30

NO intent needed, just the elements/def of the crimes Wrong buzz words: "willfully," "knowingly" or "intentionally" (b/c these denote intent!!) | BARK: Battery, Arson, Rape, and Kidnapping

Question 31

Battery | General intent crime

Answer 31

Unlawful application of force - there must be CONTACT, even by accident ## Footnote i.e. I accidentally bump into you and you fell and broke your leg

Question 32

Arson | General intent crime

Answer 32

MALICIOUS (reckless - "knew or should have known") burning of the dwelling of ANOTHER

Question 33

Rape & Kidnapping | General intent crime

Answer 33

These are crimes where they will give you a statute for interpretation or to see whether it happened or not

Question 34

DEFENSES | To general and specific intent crimes

Answer 34

(1) voluntary intoxication; (2) insanity; (3) mistake; (4) legal impossibility

Question 35

(1) Voluntary intoxication | Defense

Answer 35

Applies to: specific intent only Not a defense for: reckless crimes (general intent)

Question 36

(2) Insanity | Defense

Answer 36

MBE= McNaughton - You have a mental disease that PREVENTS you from appreciating the nature or quality of what you are doing (from perceiving your actions as wrong) | Applies to: ????

Question 37

(3) Mistake I | Defense to specific intent

Answer 37

ANY mistake is a defense (b/c you did not have the requisite mental state)

Question 38

(3) Mistake II | Defense to General intent

Answer 38

Mistake must be REASONABLE to be a defense for general intent crimes

Question 39

(4) Legal impossibility | Defense

Answer 39

No matter what you did/wanted to do you did NOT commit a crime ## Footnote i.e. they try to get you for arson, but you burn your own home... not that crime so legally impossible (you just cray)

Question 40

Compare factual impossibility | NOT a defense ## Footnote Compare to legal impossibility

Answer 40

You committed the crime but the "facts" were not what you thought... you are still guilty | Guilty b/c elements of the crime are met ## Footnote i.e. you went out w/someone that said was 21y and had sex, but turns out the person is 18... -- statutory rape (SOL)