Crim4

Question 1

*DURESS
[=Coercion by Human force.
Cf. Necessity: by NONhuman force.]
(NOT available 4 homicide!)

Answer 1

EXCUSES a crime b/c it NEGATES the SI of a D, who acted under a THREAT of infliction of IMMINENT death or GBH upon D (‘s family member).

Question 2

**MISTAKE of FACT:

[  IMPERFECT SELF-DFN: 
Some jx:  
1) If D UNreasonably but 
2) Honestly believed in a 
3) Necessity of responding 
4) w/ Deadly force
=> MITIGATE Murder to INVol.MS.

Answer 2

may NEGATE the INTENT element of the crime.
HONEST ! mistake of fact (even if unreas.) is a DFN for SI crimes.
[D takes P’s hat.]
CA1: Only a REASONABLE ! mistake of fact is a DFN for GI crimes.
CA2: Mistake of fact /Impossibility is NEVER a DFN to ATTEMPT.
CCA: Mistake of LAW.

Question 3

**MISTAKE of FACT:

SL crime

Answer 3

NEVER.

Even if honest & reson.
b/c intent is irrelevant.

Question 4

CONSENT

Answer 4

Almost never a DFN, so don’t choose it!

CA: negated by fraud.

Question 5

[ARREST: COP is JUSTIFIED to use DEADLY force IFF …:

Cf. PRIVATE citizen …:
]

Answer 5

necessary to PREVENT suspect’s FLEEING from a DANGEROUS FELONY (=threat to cop /publ.)
PRIVATE citizen can apprehend IF:
1) reas. belief person committed a crime & 2) a crime was in fact committed.
DEADLY force to ARREST: if Person is the FELON.

Question 6

• PREVENTION OF A CRIME
  1) NON-deadly force may be used … :
  2) DEADLY force may be used … :

Answer 6

1) to the extent reas. necessary to PREVENT a FELONY /Serious breach o.t.peace.
2) Only to STOP /PREVENT a DANGEROUS FELONY involving risk to human life.

Question 7

ENTRAPMENT

[Almost never a DFN, so don’t choose it!]

Answer 7

1) Crime originated from law enforcement
2) D was NOT predisposed to commit the crime.

CA: Try Attempt!

Question 8

[ Resisting arrest:]

Answer 8

Unlawful arrest: only NON-deadly force to resist.

CA: DEADLY force OK if you don’t know other person is a cop.

Question 9

[ Mayhem: ]

Answer 9

[
MR: INT/Wanton CONDUCT 
that causes BODILY injury, 
which MAIMS 
or 
DISFIGURES another.
]

Question 10

[False imprisonment:]

Answer 10

MR: INT to confine w/o CONSENT.

Note: Infant can’t give CONSENT.

Question 11

[ Kidnapping: ]

Answer 11

MR: INT to CONFINE a victim in a secret place.
(
--FI is the lesser included offense. 
--Think "aggravated FI."  
--Qualifies for FMR
--Ransom irrel.)

Question 12

[ Forgery: ]

Answer 12

[
1) UTTERING a FORGED instrument
2) w/ Specific INT to DEFRAUD.
]

Question 13

NECESSITY (vs. Duress):

Answer 13

Otherwise criminal conduct is JUSTIFIABLE if:

1) NATURAL or PHYSICAL forces
2) make a crime NECESSARY
3) to AVOID A GREATER INJURY to society.