Criminal Law

Question 1

Solicitation

Answer 1

(1) Asking someone to commit a crime (2) With the intent that the crime be committed.

Question 2

Conspiracy

Answer 2

(1) An agreement; (2) An intent to agree; (3) An intent to achieve the objective of the agreement; and (4) An overt act (most jurisdictions).

Question 3

Attempts

Answer 3

(1) Specific intent; and (2) Overt act.

Question 4

M’Naghten Test

Answer 4

Disease of the mind caused a defect of reason so defendant lacked the ability at time of his actions to know wrongfulness or understand nature and quality of his actions.

Question 5

Irresistible Impulse Test

Answer 5

Unable to control actions or conform conduct to law.

Question 6

Durham Test

Answer 6

Crime was a product of mental disease of defect

Question 7

MPC Test

Answer 7

M’Naghten + Irresistible Impulse Test

Question 8

Battery

Answer 8

(1) Unlawful application of force to another; (2) resulting in bodily injury or offensive touching.

Question 9

Assault

Answer 9

(1) Intent to commit battery; or (2) intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm.

Question 10

Kidnapping

Answer 10

(1) Some movement or concealment of a victim in a “secret” place

Question 11

Rape

Answer 11

(1) Any penetration of the female sex organ by the male sex organ (2) without the victim’s effective consent and (3) in the absence of a marital relationship between the woman and the man (most states have abolished this element).

Question 12

Larceny

Answer 12

(1) Taking (2) and carrying away (3) of tangible personal property (4) of another with possession (5) by trespass (6) with the intent to permanently deprive that person of her interest in the property.

Question 13

Embezzlement

Answer 13

(1) The fraudulent (2) conversion (3) of personal property (4) of another (5) by a person in lawful possession of that property.

Question 14

False Pretenses

Answer 14

(1) Obtaining title (2) to a personal property of another (3) by an intentional false statement of a past or existing fact (4) with intent to defraud the other.

Question 15

Robbery

Answer 15

(1) A taking (2) of personal property (3) from the other’s person or presence (4) by force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence (5) with the intent to permanently deprive him of it.

Question 16

Receipt of Stolen Property

Answer 16

(1) Receiving possess and control (2) of “stolen” personal property (3) known to have been obtained in a manner constituting a criminal offense (4) by another person (5) with the intent to permanently deprive the owner of his interest in it.

Question 17

Burglary

Answer 17

(1) A breaking (2) and entry (3) of a dwelling (4) of another (5) at nighttime (6) with the intent to commit a felony therein.

Question 18

Arson

Answer 18

(1) The malicious (2) burning (3) of the dwelling (4) of another.