Criminal Law

Question 1

What constitutes an act?

Answer 1

Any voluntary bodily movement.

Question 2

What are the four mental states?

Answer 2

1. Specific intent
2. Malice
3. General intent
4. Strict liability

Question 3

What crimes require malice?

Answer 3

1. Arson

2. Murder (at common law)

Question 4

What crimes require specific intent?

Answer 4

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts.

Solicitation
Conspiracy
Attempt
First-degree murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery

Question 5

What is strict liability in criminal law?

Answer 5

A crime with no intent element

Question 6

What is the MPC spectrum of intent?

Answer 6

Purposely
Knowingly
Recklessly
Negligently

Question 7

What are the elements of a crime?

Answer 7

Actus
Mens rea
Concurrence
Causation

Question 8

What is concurrence?

Answer 8

Concurrence requires that the defendant had the requisite mental state at the time committed the criminal act.

Question 9

What is an accomplice?

Answer 9

One who aids, advises, or encourages the principal in the commission of the crime charged.

Question 10

What is a principal?

Answer 10

One who actually engages in the criminal act.

Question 11

Mental state required for an accomplice?

Answer 11

1) Intent to assist; and

2) Intent that the principal commit the crime

Question 12

What is conspiracy?

Answer 12

An agreement, with an intent to agree, and intent to pursue an unlawful objective. An overt act in furtherance of the conspiracy must also take place.

Question 13

What is solicitation?

Answer 13

Asking someone to commit the crime.

Question 14

What is attempt?

Answer 14

The specific intent to commit a crime with an overt act in furtherance of the crime.

Question 15

What is common law murder?

Answer 15

The unlawful killing of another human being with malice aforethought.

Question 16

What constitutes first degree murder?

Answer 16

1. Premeditated killing
2. Felony murder
3. Homicide of a Police Officer

Question 17

What constitutes second degree murder?

Answer 17

A killing done with reckless indifference to an unjustifiably high risk to human life.

Question 18

What is felony murder?

Answer 18

Any killing–even an accidental killing–committed during the course of a felony

Question 19

What are the defenses to felony murder?

Answer 19

1. Death was not foreseeable.
2. Fled and reached a point of temporary safety prior to the death.
3. ANY defense to the underlying felony.

Question 20

What is voluntary manslaughter?

Answer 20

A killing in the heat of passion resulting from an objectively adequate provocation by the victim. There must not have been sufficient time to cool off.

Question 21

What is involuntary manslaughter?

Answer 21

1. A killing of criminal negligence

2. Misdemeanor manslaughter

Question 22

Causation

Answer 22

The defendant’s conduct must be the cause in fact and proximate cause of the harm.

Question 23

Cause in fact

Answer 23

The harm would not have occurred but for the act.

Question 24

Proximate cause

Answer 24

The harm was natural and probable consequence of the conduct.

Question 25

What is a battery?

Answer 25

An unlawful application of force resulting in either bodily injury or offensive touching.

General intent.

Question 26

What is assault?

Answer 26

An attempt to commit a battery.

Question 27

What is aggravated assault?

Answer 27

An assault with the use of a dangerous weapon or with the intent to rape, maim, or murder.

Question 28

What is kidnapping?

Answer 28

The confinement of a person with movement or concealment in a secret place.

Question 29

What is the difference between rape and statutory rape?

Answer 29

Statutory rape is strict liability.

Question 30

What is larceny?

Answer 30

The wrongful taking of property with the intent to permanently deprive.

Specific intent.

Question 31

What is embezzlement?

Answer 31

The fraudulent conversion of another’s property.

Question 32

What is false pretenses?

Answer 32

Persuading the owner of property to convey title by false pretense.

Question 33

What is robbery?

Answer 33

Taking the property of another in their presence, by force or threat and with the intent to permanently deprive.

Question 34

What is extortion?

Answer 34

Knowingly seeking to obtain property or services by means of a future threat.

Question 35

What is forgery?

Answer 35

The making or altering of a false writing with intent to defraud.

Question 36

What is burglary?

Answer 36

The breaking and entering of a dwelling of another at night with the intent to commit a felony therein.

Question 37

What is arson?

Answer 37

The malicious burning of the dwelling of another.

Question 38

What are the tests for insanity?

Answer 38

1. M’Naghten rule: no right/wrong
2. Irresistible impulse: no control
3. Durham rule: product of mental illness
4. MPC: lacked ability to conform conduct to the law

Question 39

When can voluntary intoxication be a defense?

Answer 39

Voluntary intoxication is a defense to specific intent crimes.

Question 40

When can mistake of fact be a necessary defense?

Answer 40

When the mistake is reasonable it can be a defense to general intent crimes.

Whether the mistake is reasonable or not, it can be a defense to specific intent crimes.

Question 41

When is entrapment a valid defense?

Answer 41

When the criminal design originated with law enforcement officers AND the defendant was not predisposed to commit the crime.

Question 42

Are co-conspirators liable for the crimes of other conspirators?

Answer 42

Each member of a conspiracy is liable for the crimes of all other conspirators if (i) such crimes were committed in furtherance of the conspiracy; and (ii) such crimes were natural and probable consequences of the conspiracy.