Crim Law - MEE

Question 1

Forgery

Answer 1

(1) the making of a false writing of apparent legal significance with
(2) the specific intent to defraud.

“Making” includes creating a document, altering a document, or fraudulently inducing another to sign a document when that person is unaware of the significance of the document.

Question 2

What is the Pinkerton Rule?

Answer 2

All conspirators are liable for any foreseeable crimes committed by a coconspirator in furtherance of the conspiracy—regardless of whether they had knowledge of those crimes.

Question 3

What is an accomplice liable for?

Answer 3

The crime (that they intended to aid or abet) to the same extent as the principal.

+

Any crimes that are the natural and probable consequence of the accomplice’s conduct. (ask whether it is foreseeable that the other crime would occur)

Ex: The accomplice lends his truck to the principal to commit a burglary. During the burglary, the principal commits a battery against a security guard. The accomplice may be liable for the burglary and also the battery if it is a natural and probable consequence.

Question 4

Withdrawal from accomplice liability (Common Law)

Answer 4

To legally withdraw (and avoid liability for the substantive crime), the accomplice must:

(1) Communicate repudiation prior aid;
(2) Do all that is possible to countermand prior assistance (undo what you did); and
(3) (Timing) Do so before the chain of events is in motion and unstoppable.

(note that they can still be liable for conspiracy which occurs when the agreement is made - and other inchoate crimes).

Question 5

What intent is necessary for accomplice liability?

Answer 5

Dual Intent. Accomplice must:

(1) Intend to help the principal commit the crime; AND
(2) Intend that the principal commit the
crime that is charged

Question 6

Accessory After the Fact

Answer 6

Aiding a felon to avoid apprehension after the felony is committed

The person must know the felony was committed.

(often paired with receiving stolen property - in return for protection)

Question 7

Judicial system will not hold a defendant legally responsible for their actions in what situations?

Answer 7

(1) Insanity
(2) Incompetence to stand trial
(3) Intoxication

(burden of proof is typically on the defendant)

Question 8

Insanity Tests

Answer 8

Only remember M’Naughten - if it asks for others just give the M’Naughten rule

Question 9

M’Naghten Rule

Answer 9

The defendant is not guilty if, because of a mental disease or defect, the defendant did not know either
(i) the nature and quality of the act, OR
(ii) the wrongfulness of the act.

Question 10

Incompetence to Stand Trial

Answer 10

A defendant’s incompetency is a bar to trial. This is determined at the time of trial.

The test to determine competency is whether the defendant:
(1) understands the nature of the proceedings against him;
AND
(2) can consult with a lawyer with a reasonable
degree of understanding.

Question 11

Intoxication

Answer 11

Voluntary:
Voluntary ingestion. Only a defense to defense to specific intent crimes (if the intoxication prevents the formation of the
required intent).
Ex: Voluntary intoxication may prevent the specific intent necessary to commit a larceny.

Involuntary:
Unknowingly or forced to ingest. This is a defense to both general and specific intent crimes, as well as malice crimes when
the intoxication serves to negate an element of the crime

Question 12

Homicide causation

Answer 12

Causation only needs to be discussed in depth if there is some dispute or ambiguity

Actual cause:
▪ The victim would not have died but for the defendant’s act.
▪ When there are multiple causes, the defendant’s act must be a substantial factor in causing the death.

Proximate cause
▪ It must be FORESEEABLE that the defendant’s actions would cause the victim’s death.
(1) Intervening Cause
* Actions by a third party that occur between the defendant’s conduct and the victim’s death
(2) SUPERSEDING Cause
* Unforeseeable actions by a third party will relieve the defendant of liability.
* NEGLIGENCE IS GENERALLY FORESEEABLE (i.e., a doctor negligently treating the victim).

Question 13

Transferred Intent

Answer 13

When a defendant acts with intent to cause harm to one person and then causes harm to another person, then the defendant is liable for the harm caused to the other person.

Ex: D points a gun at A, intending to shoot and kill A but accidentally shoots and kills B instead. D is guilty of the murder of B under transferred intent and is guilty of the attempted murder of A.

Question 14

Common-Law Murder

Answer 14

Unlawful killing of a human being committed with malice aforethought.

Question 15

“Malice aforethought” mental states

Answer 15

Intent to kill

Intent to inflict serious bodily injury

Depraved-heart murder: Reckless indifference to an unjustifiably high risk to human life

Felony murder

Question 16

Felony Murder Rule (FMR)

Answer 16

A defendant can be found guilty for an UNINTENDED but FORESEEABLE killing that is PROXIMATELY CAUSED by or during the commission (or ATTEMPTED commission) of an INHERENTLY DANGEROUS felony.

Note: If the felony is COMPLETE and the defendant has reached a place of
safety, the FMR will NOT APPLY to deaths that occur after reaching the place of safety

Only discuss the felony murder rule if the facts present a killing that occurs during an INHERENTLY DANGEROUS FELONY

Question 17

What are inherently dangerous felonies?

Answer 17

BARRK

Burglary, arson, robbery, rape, and kidnapping

Question 18

How to analyze the Felony Murder Rule on an essay

Answer 18

(1) State the underlying felony that occurred and analyze the elements of the felony. (What is an inherently dangerous felony)

(2) Then analyze the felony murder rule

(3) Was the delony distinct from or independent of the killing itself?

Question 19

Liability for death of a bystander or co-felon during commission of inherently dangerous felony

Answer 19

Bystander: A defendant will not be liable for the death of a bystander caused by a police officer or victim of the felony because neither person is the felon’s agent.

Co-felon: A defendant will not be liable for the death of a co-felon if a victim or police officer kills the co-felon.

Question 20

First-degree murder

Answer 20

Murder + Premeditated and Deliberate. Or felony murder.

Premeditated: if the defendant had time to plan and reflect on the idea of the killing. The amount of time needed may be brief; a MERE SECOND of reflection is sufficient.

Deliberate: the defendant made the decision to kill in a COOL and dispassionate manner.

Question 21

Second-degree murder

Answer 21

Essentially Common Law Murder.

Question 22

Voluntary Manslaughter

Answer 22

(1) Murder
(2) Committed in response to adequate provocation; and
(3) No time to cool off

NOTE: First-degree murder can be mitigated down to voluntary manslaughter.

Question 23

Voluntary Manslaughter

Answer 23

(1) Murder
(2) Committed in response to adequate provocation; and
(3) No time to cool off

Question 24

Provocation for voluntary manslaughter

Question 25

Provocation for voluntary manslaughter

Question 26

Provocation for voluntary manslaughter

Answer 26

(1) A reasonable person would have been provoked by the victim’s actions (objective).
AND
(2) The defendant was actually been (subjective).

• Words are generally not enough provocation.
• Sufficient provocation—discovery of adultery, suffering a serious battery

Question 27

Time to cool off for voluntary manslaughter

Answer 27

(1) Not have been sufficient time for a reasonable person to cool off (between the provocation and the killing) (objective).
AND
(2) The defendant did not actually cool off (subjective).

Question 28

Involuntary Manslaughter

Answer 28

(1) UNINTENTIONAL homicide
(2) caused by criminal negligence or during an unlawful act.

Criminal negligence puts another person at a significant risk of serious bodily injury or death

Unlawful act that does not rise to felony murder and a death occurs as a result

Question 29

Crimes against the person

Answer 29

Criminal Battery
Criminal Assault
Kidnapping
False Imprisonment
Rape

Question 30

Criminal Battery

Answer 30

(1) Intentional
(2) application of force to another person
(3) causes bodily harm to that person or constitutes an offensive touching

Question 31

Criminal Assault

Answer 31

Attempted battery
OR
Intentionally placing another in apprehension of imminent bodily harm

Question 32

Kidnapping

Answer 32

(1) Confinement of a person
(2) against that person’s will
AND
(3) movement or concealment of that person

Note: If kidnapping occurs incident to another crime, the movement must be more than what is
necessary for the commission of the crime to be liable for a separate offense.

Question 33

False Imprisonment

Answer 33

The unlawful confinement of a person without consent

Question 34

Rape

Answer 34

(1) sexual intercourse with a person
(2) against his/her will
(3) by force or threat of immediate force

Question 35

Crimes Against Property

Answer 35

Larceny
Robbery
Burglary
Embezzlement
False Pretenses; and
Receipt of Stolen Property

In an essay, discuss all relevant theft crimes separately even if they
eventually merge into a single crime

Question 36

Larceny

Answer 36

(1) Trespassory taking (even the slightest movement) and of another’s personal property,
(2) with the SPECIFIC intent (a at the time of the taking)
(3) to PERMANENTLY deprive the owner of the property

Question 37

Robbery

Answer 37

(1) Larceny; AND
(2) by force or intimidation

Question 38

Burglary

Answer 38

(1) Breaking and entering
(2) of the dwelling OF ANOTHER
(3) at nighttime
(4) with the specific intent to commit a felony therein.

▪ Breaking: the slightest push can be sufficient
▪ Entering: merely crossing the threshold can be sufficient
▪ Specific intent to commit a felony: AT THE TIME OF the breaking and entering, the defendant must have the intent to commit a felony (e.g., larceny, robbery, rape,
murder) inside the dwelling.

Note: A defendant who fails to commit the underlying felony may nevertheless be guilty of both burglary and the attempt to commit the underlying felony.
Ex: burglary and attempted larceny

Question 39

Embezzlement

Answer 39

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

Question 40

False Pretenses

Answer 40

(1) The defendant obtains TITLE to the property of another person (including money)
(2) the person relies on a false representation of MATERIAL fact
(3) made by the defendant with the INTENT to defraud
(4) That reliance causes the transfer

Ex: B goes to a used car dealership to buy a truck. B asks O, the owner if the trucks had been regularly serviced. O tells B that all of the trucks have been regularly serviced, including oil changes and new brake pads. O knew this was not true. B was persuaded by O’s statements to buy a truck and paid $5,000 cash. O has committed larceny by false pretenses.

Question 41

Receipt of Stolen Property

Answer 41

(1) Receive control over stolen property
(2) with the knowledge that it is stolen; and
(3) with the intent to permanently deprive the owner of the property

Question 42

Receipt of Stolen Property

Question 43

Inchoate Crimes

Answer 43

Conspiracy
Attempt; and
Solicitation

Question 44

Inchoate Crimes

Answer 44

Conspiracy
Attempt; and
Solicitation

Question 45

Conspiracy

Answer 45

(1) Agreement between two or more people to accomplish an unlawful purpose
(2) With specific intent to agree and commit the criminal objective;
AND
(3) an overt act in furtherance of the conspiracy

No merger doctrine with regard to conspiracy

Question 46

Conspiracy

Answer 46

(1) Agreement between two or more people to accomplish an unlawful purpose
(2) With specific intent to agree and commit the criminal objective;
AND
(3) an overt act in furtherance of the conspiracy

No merger doctrine with regard to conspiracy

Question 47

Liability of co-conspirators

Answer 47

A conspirator is liable for
(1) the conspiracy; and (2) all the crimes of a co-conspirator COMMITTED IN FURTHERANCE of the conspiracy.

***Differentiate from accomplice liability where the accomplice can be liable for the substantive crime of the principal.

Question 48

Liability of co-conspirators

Answer 48

A conspirator is liable for
(1) the conspiracy; and (2) all the crimes of a co-conspirator COMMITTED IN FURTHERANCE of the conspiracy.

***Differentiate from accomplice liability where the accomplice can be liable for the substantive crime of the principal.

Question 49

Can a conspirator withdraw from the conspiracy?

Answer 49

CL: Impossible to withdraw

Modern: After there has been an agreement BUT BEFORE AN OVERT ACT has been committed, a person may avoid criminal liability for conspiracy by either:
(1) Communicating notice of intent not to participate to the other co-conspirators;
OR
(2) Informing the police about the agreement.

Question 50

Attempt

Answer 50

(1) Substantial step toward the commission of a crime
AND
(2) specific intent to commit the crime

Note: If a person succeeds in committing the crime, he will not be liable for the attempt and the crime itself. The doctrine of merger applies

Ex: D brings a loaded gun into a store that he intends to rob. But at the last minute, D decides to not go through with the robbery. D could be charged with attempted robbery.

Question 51

What if the D abandons the crime?

Answer 51

Once the defendant has taken a substantial step toward the commission of the crime, the defendant may not legally abandon the attempt to commit the crime.

Question 52

Defenses

Answer 52

Self Defense
Defense of Others
Duress

Question 53

Self-Defense

Answer 53

The use of reasonable force to protect oneself at a reasonable time

Deadly force may only be used to protect against the use of deadly force or serious bodily injury

Question 54

When can the initial aggressor use self defense?

Answer 54

When the initial aggressor:

Uses nondeadly force and is met with deadly force;

OR

Completely withdraws from the altercation and communicates that withdrawal

Question 55

Defense of others

Answer 55

A person has the right to defend others under the same circumstances that would entitle them to defend themselves.

Question 56

Provocation for voluntary manslaughter

Answer 56

(1) A reasonable person would have been provoked by the victim’s actions (objective).
AND
(2) The defendant was actually been (subjective).

• Words are generally not enough provocation.
• Sufficient provocation—discovery of adultery, suffering a serious battery

Question 56

Conspiracy

Answer 56

(1) Agreement between two or more people to accomplish an unlawful purpose
(2) With specific intent to agree and commit the criminal objective;
AND
(3) an overt act in furtherance of the conspiracy

No merger doctrine with regard to conspiracy

Question 56

Liability of co-conspirators

Answer 56

A conspirator is liable for
(1) the conspiracy; and (2) all the crimes of a co-conspirator COMMITTED IN FURTHERANCE of the conspiracy.

***Differentiate from accomplice liability where the accomplice can be liable for the substantive crime of the principal.

Question 56

Duress

Answer 56

(1) A third party makes an unlawful threat
(2) Defendant reasonably believes the only way to avoid death or serious bodily injury to himself or another is to violate the law; and
(3) The belief causes the defendant to do so

Duress is not a defense to intentional homicide, but it is available for criminally negligent homicide.