Criminal Law

Question 1

A defendant’s _____ is a bar to trial.

Answer 1

incompetency

Question 2

Competent to stand trial test:

Answer 2

Whether the defendant COMPREHENDS the nature of the proceedings against him and has the ability to consult with a lawyer with a reasonable degree of rational understanding

Question 3

M’Naghten NGRI Test:

Answer 3

A defendant is not guilty if, because of a defect of reason due to a mental disease, the defendant did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act

*Loss of control because of mental illness is not a defense here

Question 4

Causation requires:

Answer 4

• Showing that the D’s acts were both the actual and proximate cause of the outcome
• Proximate cause is present if the outcome was foreseeable

Question 5

A person is guilty as an ACCOMPLICE if he:

Answer 5

if he assists or encourages the principal with: (1) the intent to assist the primary party, and (2) the intent the principal commit the offense charged

Question 6

In order to be guilty of murder:

Answer 6

The D must have the mens rea of malice aforethough which is satisfied by: (1) intent to kill, (2) knowledge his acts would kill, (3) intent to inflict serious bodily injury, or (4) with reckless disregard of an extreme risk of human life

Question 7

First Degree Murder

Answer 7

Intent to kill with premeditation and deliberation or felony murder (sometimes)

Question 8

Second Degree Murder

Answer 8

Intent to inflict great bodily harm or by acting with reckless disregard of an extreme risk to human life (depraved heart)

Question 9

Felony Murder

Answer 9

Any killing that occurs during the commission of a felony, an attempt to commit a felony, or flight from a felony.

*Felony must be inherently dangerous and the purpose must be independent of the homicide

Question 10

Voluntary manslaughter

Answer 10

Intentional killing of another withOUT malice aforethought committed in the heat of passion due to adequate provocation

Question 11

Involuntary Manslaughter

Answer 11

D causes death of another by engaging in criminally negligent conduct (creates an unreasonable risk of death) or during a malum in se misdemeanor

Question 12

Attempt

Answer 12

(1) D intended to commit the crime, and

(2) D’s acts were sufficiently beyond mere preparation to commit the crime

Question 13

Duress (defense)

Answer 13

D performs a crime because there was a threat or use of force by another which caused REASONABLE FEAR that, if D did not commit the crime, either he or a third person would suffer imminent death or serious bodily injury

*not available for homicide