Crimes

Question 1

Crim - LARCENY

Answer 1

1) Trespassory
2) Taking and carrying away
3) Of the tangible personal property of another
4) w/ intent to permanently deprive him thereof

Question 2

Crim - EMBEZZLEMENT

Answer 2

1) Fraudulent conversion
2) of the property of another
3) by a person in lawful possession thereof

Question 3

Crim - FALSE PRETENSES

Answer 3

1) Obtaining TITLE
2) To the property of another
3) by an intentional or knowing false statement of past or existing material fact
4) w/ the intent to defraud the other

Question 4

Crim - LARCENY BY TRICK

Answer 4

1) Obtaining POSSESSION
2) Of the property of another
3) by an intentional or knowing false statement of past or existing material fact
4) w/ the intent to defraud the other

Question 5

Crim - ROBBERY

Answer 5

1) Taking
2) Of personal property of another
3) From his person or presence
4) By force or threat of force
5) w/ the intent to permanently deprive him thereof

Question 6

Crim - RECEIPT OF STOLEN PROPERTY

Answer 6

1) Receiving possession and control of stolen property
2) Known to have been obtained by use of a crime by another person
3) w/ the intent to permanently deprive the true owner thereof

Question 7

Crim - EXTORTION

Answer 7

1) Obtaining the property of another

2) By threats of future harm to the victim or his property

Question 8

Crim - FORGERY

Answer 8

1) Fraudulent making of a false writing
2) w/ apparent legal significance
3) w/ the intent to make wrongful use thereof

Question 9

Crim - BURGLARY

Answer 9

1) Breaking - use of force, however slight, to gain entry
2) And Entering - placing any part of body inside
3) of the dwelling of another
4) in the nighttime
5) w/ the intent to commit a felony therein

Question 10

Crim - ARSON

Answer 10

1) The malicious burning - charring, not mere scorching

2) of the dwelling of another

Question 11

Crim - CRIMINAL ASSAULT

Answer 11

1) Either the attempt to commit a battery, OR
2) the intentional creation, by other than mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 12

Crim - CRIMINAL BATTERY

Answer 12

1) Unlawful application of force
2) to the person of another
3) resulting in
4) bodily injury or an offensive touching

AGGRAVATED IF:

• deadly weapon
• serious bodily injury
• victim is child, women, or cop

Question 13

Crim - MAYHEM

Answer 13

Dismemberment or disablement of a body part

Question 14

Crim - KIDNAPPING

Answer 14

1) Unlawful confinement of a person
2) that also involves either:
- movement of the victim OR
- concealment of the victim in a secret place

AGGRAVATED IF:

• for ransom
• for purpose of committing other crimes
• child stealing

Question 15

Crim - RAPE

Answer 15

1) Unlawful carnal knowledge
2) of a women
3) by a man who is not her husband

Question 16

Crim - SECOND DEGREE MURDER

Answer 16

1) The unlawful killing
2) of a human being
3) w/ malice aforethought
- - intent to kill
- -intent to inflict great bodily injury
- -reckless indifference to an unjustifiably high risk to human life
- -inferred from commitment of a dangerous felony

Question 17

Crim - FIRST DEGREE MURDER

Answer 17

1) murder committed w/ PREMEDITATION - period of reflection, however brief
2) and DELIBERATION - cool and dispassionate

Question 18

Crim - FELONY MURDER

Answer 18

Killing committed in the course of the commission of an inherently dangerous felony

Question 19

Crim - VOLUNTARY MANSLAUGHTER

Answer 19

1) intentional killing of a human being
2) w/ adequate provocation
- -would arose a sudden and intense passion in the mind of an ordinary person so as to cause loss of self-control
- -∆ is in fact provoked
- -Insufficient time for passions of a reasonable person to cool
- - ∆ in fact did not cool off

Question 20

Crim - INVOLUNTARY MANSLAUGHTER

Answer 20

Unintentional killing resulting form either:

• criminal negligence OR
• an unlawful act not a felony

Question 21

Crim - ATTEMPT

Answer 21

1) Intent to commit a specific crime AND

2) an overt act in furtherance of that crime

Question 22

Crim - SOLICITATION

Answer 22

1) ∆ incites, counsels, advises, induces, urges, or commands another to commit a crime
2) w/ the intent that the crime be committed by that person

Question 23

Crim - ACCOMPLICE LIABILITY

Answer 23

Where ∆:
1) encourages or assists
2) another who commits a crime
3) w/ the intent to promote or facilitate the commission of the crime,
he will be guilty of ALL reasonably foreseeable acts of the other person engaged in the commission of the primary crime.

Question 24

Crim - CONSPIRACY

Answer 24

ELEMENTS:

1) Agreement between 2+ people to commit a crime
2) Intent to enter into the agreement
3) Intent to achieve the objective of the agreement
4) Overt act in furtherance of the conspiracy

EFFECT:
All co-conspirators are liable for any acts of another that are foreseeable and in furtherance of the conspiracy

Question 25

Crim - ACCESSORY AFTER THE FACT

Answer 25

1) One who receives, relieves, comforts, or assists another
2) Knowing he has committed a felony
3) In order to help the felon escape arrest, trial, or conviction

Question 26

Crim - SELF-DEFENSE

Answer 26

1) Must be w/o fault
2) Must be confronted w/ unlawful force
3) must use proportional force (deadly only if reasonably believes he is threatened w/ imminent death or GBH; IMPERFECT - if belief is actual but not reasonable, mitigate to manslaughter)

Question 27

Crim - DEFENSE OF OTHERS

Answer 27

1) Must reasonably believe the other is legally entitled to use force
2) May only use reasonable force to defend him

Question 28

Crim - DURESS

Answer 28

Requires a threat which ∆ reasonably believes threatens death or GBH that can only be avoided by engaging in unlawful conduct

**NOT a defense to homicide!!

Question 29

Crim - NECESSITY

Answer 29

Conduct that is otherwise criminal is justifiable if ∆ reasonably believed it was necessary to avoid greater societal harm, so long as he did not create the situation requiring the choice.

Question 30

Crim - INTOXICATION

Answer 30

INVOLUNTARY - Defense to ALL crimes, so long as it negates mens rea

VOLUNTARY - Defense to specific intent crimes only

Question 31

Crim - M’NAGHTEN RULE

Answer 31

A disease of the mind created a defect in reason such that ∆ lacked the ability to either:

1) know the wrongfulness of his actions or
2) understand the nature and quality of his actions

Question 32

Crim - IRRESISTABLE IMPULSE TEST

Answer 32

As a result of mental illness, ∆ is unable to control his actions or conform his conduct to the law

Question 33

Crim - DURHAM RULE

Answer 33

Crime was a product of the mental disease or defect

Question 34

Crim - ALI/MPC TEST

Answer 34

As a result of mental disease, ∆ lacked the substantial capacity to either:

1) appreciate the criminality of his conduct or
2) conform his conduct to the law