Crimes and Elements

Question 1

Battery

Answer 1

(i) the unlawful (ii) application of force to another, (iii) resulting in either (a) bodily injury or (b) an offensive touching.

Mens Rea: General intent

Question 2

Assault

Answer 2

Two kinds:

1. Attempted battery
2. (i) The intentional creation (ii) other than by mere words (iii) of a reasonable apprehension in the mind of the victim (iv) of imminent bodily harm.

Mens Rea: Specific intent

Question 3

Voluntary manslaughter

Answer 3

(i) A killing that would otherwise be murder (ii) committed in the hear of passion, (iii) upon adequate provocation.

The provocation must be (i) objectively adequate, which means it would arouse a sudden and intense passion in the mind of a reasonable person. (ii) the person must actually have been provoked, and (iii) the person must not have had time to cool off.

Question 4

Involuntary manslaughter

Answer 4

1. A killing committed during the commission of a crime to which the felony murder doctrine does not apply.
2. An unintentional killing committed (a) with criminal negligence [common law] or (b) recklessly [MPC/Modern trend]

Question 5

False imprisonment

Answer 5

The (i) unlawful (ii) confinement of a person (iii) without his or her consent.

Mens rea: General Intent

Question 6

Kidnapping

Answer 6

The (i) false imprisonment of a person (ii) that involves moving the victim or concealing the victim in a secret place.

Mens Rea: General Intent

Question 7

Robbery

Answer 7

(i) a larceny (ii) from someone else’s person or presence (iii) by force or threat of immediate injury.

Mens Rea: specific intent to steal

Question 8

Forgery

Answer 8

(i) making or altering a writing (ii) so that it is false

Mens Rea: specific intent to defraud

Question 9

MPC Theft

Answer 9

all the common law theft crimes. The gradation is determined by value of the property taken.

Question 10

Burglary

Answer 10

(i) breaking and entering (ii) into the dwelling house of another (iii) with the intent to commit a felony therein.

Mens Rea: specific intent to commit a felony

Question 11

Arson

Answer 11

The malicious burning of the dwelling of another.

Mens Rea: malice

Question 12

Possession of Contraband

Answer 12

Possession of contraband

Mens Rea: knowing

Question 13

Receipt of Stolen Property

Answer 13

(i) receiving possession and control of (ii) stolen personal property

Mens Rea: (i) knowing that the property has been obtained criminally by another (ii) with the intent to permanently deprive the owner of his interest in the property

Question 14

Accomplice liability

Answer 14

(i) aids and encourages the principal (ii) with the intent to assist the principal and with the intent that the underlying crime be committed.

Scope: guilty of (i) all crimes that he aided or encouraged and (ii) all other foreseeable crimes committed along with the aided crime

Question 15

Solicitation

Answer 15

Asking someone to commit a crime with the intent that the crime be committed.

Mens Rea: specific intent

Question 16

Conspiracy

Answer 16

(i) An agreement between two or more people to commit a crime, plus (ii) an overt act in furtherance of the crime

Question 17

Attempt

Answer 17

An overt act beyond mere preparation and either

(a) [common law] the defendant got dangerously close to the commission of the crime or
(b) [MPC] the defendant must engage in conduct that constitutes a substantial step towards the commission of the crime, provided that conduct strongly corroborates the actor’s criminal purpose.

Mens Rea: specific intent to commit the underlying crime

Question 18

Accessory after the fact

Answer 18

An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction.

Mens Rea: Specific Intent (knowing that a felony has been committed)