Crimes to the Person

Question 1

The Supreme Court has held that, under the Eighth Amendment, the death penalty may not be imposed for felony murder where the defendant,

Answer 1

as an accomplice, did not take or attempt or intend to take life, or intend that lethal force be employed.

Question 2

criminal negligence involuntary manslaughter

Answer 2

causing a death by criminal neglignce

Question 3

A person has mens rea for criminal negligence when

Answer 3

he fails to be aware of a substantial and unjustifiable risk, and this failure constitutes a gross deviation from the standard of care that a reasonable person would have exercised in the same situation.

Question 4

Some states use ____________ as a standard for involuntary manslaughter and require that the person consciously disregard a substantial and unjustifiable risk

Answer 4

recklessness

Question 5

A defendant must be both the ________ and ______ cause of the death.

Answer 5

cause-in-fact; proximate

Question 6

A defendant’s conduct is the cause-in-fact of the death if

Answer 6

the death would not have occurred “but for” the defendant’s conduct.

Question 7

A defendant is the proximate cause of a death if

Answer 7

the death was the natural and probable consequence of his conduct, even if he did not anticipate the precise manner in which it would occur.

Question 8

An accomplice is a person who:

Answer 8

(i) with the intent to assist the principal and the intent that the principal commit the crime (ii) actually aids, counsels, or encourages the principal before or during the commission of the crime.

Question 9

When the substantive offense has recklessness or negligence in its mens rea, most jurisdictions hold that the intent element is satisfied if the accomplice

Answer 9

(i) intended to facilitate the commission of the crime, and (ii) acted with recklessness or negligence (whichever is required).

Question 10

An intervening act will shield the defendant from criminal liability when

Answer 10

the intervening act is mere coincidence or unforeseeable; the intervening act will then be deemed to be the actual proximate cause of the victim’s death.

Question 11

unlawful act manslaughter

Answer 11

a death is caused by the defendant’s commission of an unlawful act

Question 12

defense of duress

Answer 12

A person is not guilty of an offense, other than intentional homicide, if he performs an otherwise criminal act under the threat of imminent infliction of death or great bodily harm, provided that he reasonably believes death or great bodily harm will be inflicted on himself if he does not perform such conduct.

Question 13

burglary

Answer 13

entry into the dwelling of another, without the consent of the lawful resident, with the intent to commit a felony therein

Question 14

theft

Answer 14

taking and carrying away the property of another with the intent to permanently deprive the owner of possession

Question 15

Crimes are not the same offense for purposes of double jeopardy if

Answer 15

they each require proof of an additional element that the other does not

Question 16

A mandatory presumption or a presumption that shifts the burden of proof to the defendant

Answer 16

violates the Fourteenth Amendment’s requirement that the state prove every element of a crime beyond a reasonable doubt.

Question 17

If substantive law provides that a sentence may be increased beyond the statutory maximum for a crime if additional facts are proved, proof of the facts must be

Answer 17

submitted to the jury and proved beyond a reasonable doubt (the defendant’s right to jury trial is violated if the judge makes the determination).

Question 18

To be charged with a crime that grew out of conspiracy, the additional crime must be both

Answer 18

foreseeable and committed in furtherance of the conspiracy.

Question 19

Agency Theory of Felony Murder

Answer 19

Felon is liable only for the deaths committed by the felon or an accomplice

Question 20

Proximate Cause Theory of Felony Murder

Answer 20

Felon is liable for the deaths of innocent victims caused by someone other than a co-felon so long as the felon or co-felon put into motion the events that caused the victim’s death

Question 21

kidnapping

Answer 21

unlawful confinement of a person that involves either some movement of the victim or concealment of the victim in a secret place

Question 22

purposely

Answer 22

state of mind where a person’s conscious object is to engage in certain conduct or cause a certain result

Question 23

accomplice

Answer 23

person who aids or encourages the principal to commit the crime

Question 24

accessory after the fact

Answer 24

person who aids another to escape knowing that the other person has committed a felony