Criminal Law

Question 1

Actus Reus

Answer 1

The physical component or act of committing a crime. Along with mens rea compromises the essential elements of a crime.

Example: A man shooting his neighbor resulting in his death. The physical act of shooting the victim is actus reus.

Question 2

Mens Rea

Answer 2

The state of mind or intent that a defendant had when committing a crime. One of the two essential elements that make up a crime.

Example: The intent to deprive the rightful owner of their property is an example of mens rea.

Question 3

Malum in se

Answer 3

A crime that is inherently immoral.

Example: Murder, arson, or rape are all examples of malum in se because all are considered to be immoral.

Question 4

Malum prohibitum

Answer 4

An act that is a crime merely because it is prohibited by statute, not necessarily immoral.

Example: Running a stoplight is an example of malum prohibitum because while it is not considered immoral there is a legal statute against it.

Question 5

Felony

Answer 5

A serious crime usually punishable by imprisonment for more than one year or by death.

Example: Rape is an example of a felony because it is considered a serious crime.

Question 6

Misdemeanor

Answer 6

A crime that is less serious than a felony and is usually punishable by fine, penalty, forfeiture, or confinement.

Example: Serving alcohol to a minor.

Question 7

The Corpus Delicti

Answer 7

The body of crime, meaning the prima facie case. The phrase reflects the principle that a crime must be proved to have occurred before anyone can be convicted for having committed it.

Example: A person cannot be convicted of shoplifting unless the prosecutor can demonstrate the property was stolen.

Question 8

Intended Results Doctrine

Answer 8

If a person causes events to come about to obtain his/her desired result, then that person’s actions are still the proximate cause of the result even if an intervening act was independent and unforeseeable.

Example: Bill and his girlfriend Patty decide to go to on a spring break trip. Bill’s angered ex-girlfriend, Trish uncovers their itinerary and places an explosive on their plane with the intent of killing Bill and Patty. Trish knows that there will be forty-six other passengers on the flight and, feels badly they will die too, but decides to detonate her explosive anyway. The bomb goes off and all people on board the flight are killed. Trish acted with the desire to kill Bill and Patty. Trish however had no desire to cause the other passengers’ deaths, but had knowledge that their deaths would result from her actions.

Question 9

The Doctrine of Contributory Causes

Answer 9

1. the doctrine holds that when more than one cause brings about a particular result, then both are considered equally responsible. 2. More than one cause 3. Both are equally responsible

Example: Three women each shoot a gun into a forest at the same time and direction. All three bullets hit and kill Victim. Autopsy shows that either gunshot would have killed the Victim. Therefore, all three women will be considered equally responsible for Victim’s death.

Question 10

Homicide

Answer 10

The killing of one person by another.

Example: The defendant repeatedly stabs the Victim killing them.

Question 11

Murder

Answer 11

The killing of a human being with malice aforethought.

Example: The man shoots his neighbor with the intention to kill them, neighbor dies.

Question 12

First degree murder

Answer 12

The murder that is willful, deliberate, or premediated, or that is committed during the course of another felony.

Example: Cary watched the comings and goings of his ex-girlfriend during the planning of her murder. He planned to kill her before she meets up with her friends. He then shoots her with the intent to kill, and she dies.

Question 13

Second degree murder

Answer 13

The murder that is not aggravated by any of the circumstances of the first degree.

Example: After an incident of road rage, the defendant gets down and shoots the other driver and kills them.

Question 14

Manslaughter

Answer 14

The unlawful killing of a human being without malice a forethought, also termed culpable.

Example: A woman backs out of a parking space at a shopping mall, and strikes a pedestrian. The pedestrian dies.

Question 15

Voluntary manslaughter

Answer 15

An act if murder reduced to manslaughter because of extenuating circumstances such as adequate provocation (arising the heat of passion).

Example: A wife comes home and finds her husband in bed with another woman. She then kills them both.

Question 16

Involuntary manslaughter

Answer 16

Homicide in which there is no intention to kill or do grievous bodily harm but that is committed with criminal negligence or during the commission of a crime, not included within the felony-murder rule.

Example: Defendant worked an 18-hour shift and was sleepy, but decided to drive home anyway. She falls asleep while driving and crashes into another car, killing the driver.

Question 17

Malice

Answer 17

Aforethought, the requisite mental state for common-law murder encompassing any one of the following:
A) the intent to kill
B) the intent to inflict grievous bodily harm
C) extremely reckless indifference to the value of human life
D) the intent to commit a dangerous felony

Example: The defendant hires a man to beat his ex-wife’s current boyfriend

Question 18

Willful

Answer 18

The intention to cause some result through a given action.

Example: Defendant deliberately hits a pedestrian with their vehicle.

Question 19

Deliberation

Answer 19

The act of carefully considering issues and options before making a decision or taking some action.

Example: The jury went out for deliberations in order to decide on a verdict.

Question 20

Premeditation

Answer 20

Conscious consideration and planning that precedes an act (such as committing a crime).

Example: A group of men planned the robbery of a bank ahead of the actual crime.

Question 21

Actual cause or cause in fact

Answer 21

The cause without which the event could not have occurred.

Example: In a case where a cyclist strikes a pedestrian, the cyclist’s actions are the actual cause of the accident.

Question 22

Proximate cause

Answer 22

An actual cause of harm is the proximate cause of that harm if the act occurs in a natural and continuous sequence of events, unbroken by unforeseeable, independent, intervening acts and results in the harm. When a defendant’s act directly causes injury to the plaintiff without any intervening causes, the majority of jurisdictions hold that act to be the proximate cause of harm unless the harm is unforeseeable. However, in some jurisdictions, if the defendant’s act directly causes harm, his act is the proximate cause regardless of whether the harm was foreseeable or unforeseeable. When a dependent intervening act occurs, the chain of causation is broken only if the result of the dependent intervening act is highly unforeseeable. When an independent intervening act occurs, the chain of causation is broken unless the result of the independent act is foreseeable.

Example: A driver of a car runs a red light and hits another driver of a car which had a green light, causing injury to the second driver.

Question 23

Assault

Answer 23

1) the threat or use of a force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact 2) an attempt to commit battery requiring the specific intent to cause physical injury. 3) causing a physical injury to another person intentionally, knowingly, recklessly, or with criminal negligence

Example: An ex-husband threatens to punch his ex-wife’s current boyfriend.

Question 24

Battery

Answer 24

The nonconsensual touching of or se of force against, the body of another with the intent to cause harmful or offensive contact.
Example: The defendant pushes and punching the victim.

Question 25

False imprisonment

Answer 25

The restraint of a person in a bounded area without legal authority, justification, or consent. It is a common law misdemeanor and a tort.
Example: A person locking another person in a room without their permission.

Question 26

Kidnapping

Answer 26

The crime of seizing and taking away a person by force or fraud, usually to hold the person prisoner in order to demand something from his or her family, employer, or government.
Example: A group of men kidnap missionaries in order to ransom their church for money.

Question 27

Rape

Answer 27

Unlawful sexual intercourse with a person without consent and usually by force or threat to injury.
Example: A college student forcibly has sexual intercourse with a coed that is under the influence and did not provide consent.

Question 28

Statutory rape

Answer 28

Unlawful sexual intercourse with a person under the age of consent, regardless of whether it is against that person’s will.
Example: A 21-year-old engages in sexual intercourse with a 13-year-old girl.

Question 29

Sodomy

Answer 29

The oral or anal copulation between humans, especially those of the same sex.
Example: Two men engage in anal sex.

Question 30

Mayhem

Answer 30

The crime of maliciously injuring a person’s body, especially to impair or destroy the victim’s capacity for self-defense.
Example: Defendant cuts off victim’s fingers.

Question 31

Burglary

Answer 31

The common-law offense of breaking and entering another’s dwelling at night with the intent to commit a felony.
Example: During the night, previously employed movers break into a house with the intent to steal family’s jewelry.

Question 32

Statutory burglary

Answer 32

An unlawful entry into a structure or vehicle with the intent to commit a felony or theft.
Example: A man breaks into a student’s car at a college campus with the intent to steal their laptop.

Question 33

Arson

Answer 33

The malicious burning of the dwelling house of another.

Example: The defendant poured gasoline in the basement and lit it on fire with the intent to burn his neighbor’s house.

Question 34

Statutory Arson

Answer 34

The malicious burning of any structure.

Example: The defendant started a fire in the parking garage of his previous employer as retribution for firing him.

Question 35

Larceny

Answer 35

The trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner thereof.

Example: The defendant rode off with their neighbor’s hoverboard after finding it unattended in his neighbor’s garage. The defendant intends to keep the hoverboard for himself.

Question 36

Larceny by trick

Answer 36

A form of larceny in which the taking of the personal property of another was done with the owner’s consent, however, the consent was obtained by deceit or fraud.

Example: Defendant poses as a computer repair tech and a customer leaves his computer with the defendant believing that it will be repaired. The defendant keeps the computer and does not intend to return it.

Question 37

Obtain property under false pretenses

Answer 37

Obtaining property by false pretenses is the obtaining of title to the property of another through a false representation of fact with the intent to defraud.

Example: Defendant, a gallery owner, hoping to acquire Victim’s painting for far less than it was actually worth, told Victim that his painting was a worthless fake, when in actuality it was a rare painting worth $100,000. Defendant offered to give Victim $50.

Question 38

Embezzlement

Answer 38

Embezzlement is the fraudulent taking of the personal property of another by one to whom possession has been entrusted.

Example: An entrusted personal money manager embezzles funds from his client’s account.

Question 39

Robbery

Answer 39

Robbery is larceny from the person of another by use of violence, force, intimidation, or threat of immediate harm.

Example: Defendant approaches a couple, points a gun to them and says they must hand over their keys or be shot. The couple holds out their keys and defendant grabbed the keys and drives off.

Question 40

Receiving stolen property

Answer 40

Receiving stolen property is the acquisition of stolen property with knowledge at the time of receipt that it was stolen, when done with intent to deprive the owner of his property.
Example: Defendant is offered a designer purse worth $5,000 from a man in a parking lot for only $100. Defendant was suspicious that the purse might have been stolen but she buys it anyway.

Question 41

Forgery

Answer 41

Forgery is the false making or material alteration of a writing of legal significance with the intent to defraud.

Example: Defendant steals Victim’s prescription book, then writes several prescriptions to his accomplice in order to obtain controlled substances.

Question 42

Uttering

Answer 42

Uttering is the use of a forged instrument, knowing that it is forged, with the intent to defraud.

Example: The defendant creates a fake title for a vehicle parked on the side of the road to which he sells to a passerby.

Question 43

Extortion

Answer 43

The unlawful obtaining of property from another through coercion, usually involving a threat to perform an illegal act in the future. In some states, the term “extortion” applies to one who acts in an official capacity or under color of office, while “blackmail” applies to any person.

Example: Defendant has incriminating photos of a local politician and tells them that he will post them online if the politician doesn’t select his company for a construction bid.

Question 44

Blackmail

Answer 44

In most states blackmail is the same as extortion. In other states, blackmail applies to coercion through a threat to reveal information where such revelation would not be criminal in itself, but is only criminal because of the use of the threat to coerce the giving of the property.

Example: Defendant threatens to expose Victim’s infidelity if Victim doesn’t pay defendant $5,000.

Question 45

Misprision of felony

Answer 45

Misprision of a felony is the nondisclosure of the known felony of another. Modernly it is the concealment of a known felony of another.

Example: Defendant’s son kills his girlfriend, then hides the murder weapon on the defendant’s property. Defendant discovers the weapon in his garage full of blood. He then washes the blood off and dumps the weapon in a public dumpster.

Question 46

Compounding the crime

Answer 46

Compounding the crime involves the acceptance of anything of value under an unlawful agreement not to prosecute a known offender, or to limit or to otherwise hinder the prosecution of his case.

Example: Bill breaks the terms of his parole by drinking at a bar. He then pays the bartender extra in order not to report his parole violation.

Question 47

Perjury

Answer 47

Perjury is the making of a false oath or affirmation in a judicial proceeding in regard to a material matter.

Example: Defendant lies on the witness stand to their actual whereabouts on the night in question.

Question 48

Subornation of perjury

Answer 48

The procurement of perjury from another.

Example: The defendant’s attorney suborns perjury by accepting their client’s testimony, but knowing it to be untrue.

Question 49

Embracery

Answer 49

Embracery is an attempt by corrupt and wrongful means to influence a juror in regard to the jury’s verdict.

Example: The defendant’s family pays a juror $5,000 dollars in order for them to arrive at a not guilty verdict for the defense.

Question 50

Bribery

Answer 50

Bribery is the corrupt payment or receipt of an advantage or anything of value with the intent to influence a person’s action, vote, or opinion, in any public or official capacity.

Example: Defendant gives a customs’ agent $10,000 to allow him to go unsearched through customs when entering the country.

Question 51

Breach of peace

Answer 51

A breach of peace is a willful act that unreasonably disturbs the public peace.

Example: The defendant rides bike through quiet neighborhood at night blaring his music on a portable speaker. He then shouts and sings the song as he rides through neighborhood.

Question 52

Affray

Answer 52

An affray is a mutual fight in a public place.

Example: Two drunk men begin to fight at a local bar while disputing a referee’s call during a football game.

Question 53

Unlawful assembly

Answer 53

An unlawful assembly is a meeting of three or more people with a common plan to commit an unlawful act or a lawful act in a manner likely to cause a breach of peace.

Example: Counter protestors plan to riot and loot during a peaceful demonstration.

Question 54

Rout

Answer 54

A rout is the movement of unlawful assemblers for the purpose of carrying out the common design.

Example: Defendant and his friends incite a riot and storm a government building.

Question 55

Riot

Answer 55

A riot is a tumultuous breach of peace by three or more persons acting together to commit a crime by open force or to carry out any common enterprise.

Example: After hearing an undesirable verdict, defendant and a group of people decide to run through streets breaking windows and setting cars on fire.

Question 56

Solicitation

Answer 56

Solicitation occurs when one counsels, incites, solicits, or requests another to commit an unlawful act.

Example: Defendant approaches an individual in order to hire them to kill their spouse.

Question 57

Attempt

Answer 57

An attempt occurs when criminal intent becomes accompanied by an act that comes within close proximity of committing a crime.
Example: Defendant attempted to murder his employer

Question 58

Conspiracy

Answer 58

Conspiracy results when two or more persons agree together to accomplish a criminal or unlawful act or to do a lawful act by criminal or unlawful means.

Example: Bill and his coworker conspire to murder their employer. They discuss how, where, and when they would do it.

Question 59

Accessory

Answer 59

An accessory is one who knowingly counsels, commands, encourages, or aids in the perpetration of a crime, but who is not present during the actual crime.

Example: The bank teller informs the people intending to rob the bank when security is on leave, and where the high value deposits are kept.

Question 60

Principle in the first degree

Answer 60

A principal in the first degree is one who personally performs the actus reus of the crime.

Example: A group of men confront a gay man exiting a bar. The defendant proceeds to beat, kick, and spit on him while his friends cheer, and take video

Question 61

Principle in the second degree

Answer 61

A principal in the second degree is one who does not personally perform any actus reus of the crime, but who is actually or constructively present and who aids and abets in the commission of the crime.

Example: A group of men confront a gay man exiting a bar. The defendant proceeds to beat, kick, and spit on him while his friends cheer, and take video. Therefore, the group of men who cheered and took video are the principles in the first degree.

Question 62

Constructive presence

Answer 62

Constructive presence is presence that is legally imputed to one who, while not physically present during an act, is so situated as to give assistance to the perpetrator.

Example: Bill and Patty decide to break into vehicles in a parking lot. Patty stands as look out while Bill performs the actus reus of breaking into the vehicle. Patty therefore is constructively present.

Question 63

Accessory after the fact

Answer 63

An accessory after the fact is one who was not present during the commission of the crime, but who provides aid with knowledge that the crime was committed, for example, by aiding the felon in avoiding arrest, conviction or punishment.

Example: Defendant becomes aware that son had robbed a bank. He then provides son with money and a passport so son is able to flee the country and avoid prosecution.

Question 64

M’Naghten Rule or the Right vs Wrong Test of Insanity

Answer 64

A test for criminal insanity. The criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that what she was doing was wrong.

Example: The defendant killed his infant son because he felt that his son was possessed by demonic spirits. He then waited for the police to arrive. Four mental health experts testified that he was too mentally ill to understand his criminal actions were wrong. He was found not guilty by reason of insanity and sentenced to 15 years in a mental health facility.

Question 65

Insane Delusion

Answer 65

An insane delusion is the product of a mental disorder in which the defendant has a false belief in something that would be incredible to others and that belief remains persistent despite proof to the contrary.

Example: The defendant believes his infant son is possessed by demonic spirits.

Question 66

Irresistible Impulse Test

Answer 66

Under the Irresistible Impulse Test, a defendant is entitled to the defense of insanity if, because of a mental disorder, he knows that he is doing wrong but cannot control his behavior.

Example: The defendant finds their spouse being unfaithful and kills both the spouse and lover. She knew it was wrong but claimed she couldn’t control herself.

Question 67

Model penal code test

Answer 67

A criminal defendant who is found legally insane (or “not guilty by reason of insanity”) cannot be held accountable for crimes resulting from the condition. Prosecutors are required to show a defendant’s willful intent in order to prove guilt for most criminal charges.

Example: The defendant has been diagnosed with schizophrenia disorder after the killing of his mother. He is then found not guilty by reason of insanity.

Question 68

Durham rule

Answer 68

The Durham rule states “that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.”

Example: Drug addicts were able to use the defense to successfully avoid conviction for crimes related to their addiction.

Question 69

Diminished capacity test

Answer 69

Diminished capacity allows the defendant to try to prove that, because of a mental impairment, he lacked the required intent to commit the crime. Could reduce first-degree murder to second-degree/manslaughter, if the Defendant lacks mental capacity to form first-degree murder intent.

Example: The Defendant killed his coworker and has been found to be have a diminished mental capacity by three mental health experts. The judge has reduced his charge from first degree murder to second degree murder because Defendant did not posses the capability to form intent for his crime.

Question 70

Self-defense

Answer 70

A person who reasonably believes s/he is threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect herself/himself. If the attack is with so-called “deadly force” the majority rule is that the one attacked may defend with “deadly force” if deemed reasonable under the circumstances. The minority rule requires that the one attacked retreat if there is a safe means of doing so, unless the victim of the attack is in his “castle” (i.e., home).

Example: A man broke into a woman’s house when she was asleep. He held her at gunpoint threatening to kill her if she tried to escape. They got into a scuffle and she was able to wrestle the gun away. She shoots and kills him in fear for her life.

Question 71

Defense of others

Answer 71

A person who reasonably believes another to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person.

Example: A husband comes home to find his wife being violently raped by an intruder at gunpoint. The husband takes the family handgun and shoots the intruder dead.

Question 72

Defense of property

Answer 72

A person may use reasonable force that is not likely to cause death or serious bodily harm to protect his possession of real or personal property against an apparent trespasser.

Example: A man tries to steal a woman’s belongings at the beach. Other beach goers witness the man run off with her belongings. They run after the thief and tackle him. They restrain him until the police arrive.

Question 73

Defense of prevention of crime

Answer 73

A police officer or private person may use reasonable force to prevent the commission of a crime that is apparently being attempted in his presence.

Example: A couple is shopping at the mall. A man walks in and attempts to steal a rack of clothing closest to the entrance. The couple blocks the exit and subdue the attempted thief until the police arrive.

Question 74

Defense of privilege of public authority

Answer 74

A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law.
Example: A tow truck driver tows a car away that was illegally parked.

Question 75

Defense mistake of fact

Answer 75

A mistake of fact will disprove a criminal charge if it is honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be.

Example: Two men drive the same car to a restaurant and leave their cars with the valet. The valet driver brings the wrong car to one of men. The man leaves the restaurant with the wrong vehicle.

Question 76

Defense of mistake of law

Answer 76

A mistake of law is not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. One important qualification would be that the mistake be reasonable and honest.

Example: An individual is charged with larceny but believed that the property he took was rightfully his, this misunderstanding negates any intent to deprive another of the property.

Question 77

Defense of entrapment

Answer 77

A person may not be convicted of a crime if a law enforcement officer (or an agent of an officer) solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it.

Example: During an undercover operation, an undercover agent pressures an apprehensive individual to partake in a illegal drug activity, then arrests them.

Question 78

Defense of unconsciousness

Answer 78

Under the defense of unconsciousness, a person who is unconscious, for instance, someone who is sleep walking, does not have the capacity to commit a crime.

Example: A man breaks into neighbor’s house at night but claims he doesn’t remember and perhaps was sleepwalking when it occurred.

Question 79

Defense of infancy

Answer 79

Under the defense of infancy, a child under the age of 7 does not have the capacity to commit a crime, there is a rebuttable presumption that a child aged 7 to 14 does not have the capacity to commit a crime, and a child over the age of 14 has the same capacity to commit a crime that an adult has.

Example: A 4-year-old child playing with his mother’s purse while grocery shopping, takes out a gun from the purse and shoots a shopper.

Question 80

Defense of intoxication

Answer 80

Under the defense of involuntary intoxication, if a person is unintentionally intoxicated on alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction, or the like, then his actions are excused to the same extent as they would be if those actions were the result of a mental disorder.

Example: A patient who has been prescribed a potent sleeping pill unknowingly wakes and drives car into a tree.