Criminal Law

Question 1

Specific intent crimes

Answer 1

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

{all 3 inchoate offenses}
Solicitation
Conspiracy
Attempt
{2 crimes against the person}
First degree premeditated murder
Assault
{5 property crimes}
Larceny
Embezzlement 
False pretenses
Robbery
Burglary
{forgery - standalone} 
Forgery

Question 2

malice

Answer 2

reckless disregard of an obvious or high risk that the particular harmful risk will occur

Question 3

purposely

Answer 3

conscious object is to engage in particular conduct or cause a particular result
(subjective standard)

Question 4

knowingly

Answer 4

(1) awareness that conduct is of a particular nature or will cause a particular result
(2) awareness of circumstances where particular actions may result in particular results, but refusal to learn the truth
(subjective standard)

Question 5

recklessly

Answer 5

conscious disregard of a substantial and unjustifiable risk (subjective and objective standards)

Question 6

negligently

Answer 6

failure to be aware of a substantial and unjustifiable risk (objective standard)

Question 7

transferred intent (applicable crimes)

Answer 7

homicide
battery
arson

NOT attempt

Question 8

transferred intent (applicable crimes)

Answer 8

homicide
battery
arson

NOT attempt

Question 9

accomplice (definition)

Answer 9

one who aids, advises, or encourages (AAE) the principal in the commission of the crime charged

Question 10

accessory after the fact (definition)

Answer 10

assist principal escape capture or punishment with knowledge the principal committed a felony

Question 11

accomplice liability (mental state)

Answer 11

Substantive crime requires purpose or knowledge:

(1) intent to assist the principal in commission of the crime, AND
(2) intent that the principal commit the substantive offense

Substantive crime requires recklessness or negligence

(1) intent to facilitate the commission of the crime, AND
(2) acted with recklessness or negligence

Question 12

common law malice requirements

Answer 12

(1) intent to kill (1st degree)
(2) intent to cause great bodily injury (2d degree)
(3) reckless indifference for an unjustifiably high risk to human life (depraved heart; 2d degree)
(4) intent to commit a felony and death results (felony murder; 1st degree)

Question 13

agency theory

Answer 13

majority view on felony murder: a death must be caused by a felon or their agent to qualify as felony murder

Question 14

proximate cause theory (homicide)

Answer 14

minority view on felony murder: any death of an innocent victim caused by felon, co-felon, or someone else will qualify for felony murder

Question 15

imperfect self defense

Answer 15

Action:

(1) D started the altercation, or
(2) D unreasonably but honestly believed in the need to use deadly force

Effect:
reduce 2d degree murder to voluntary manslaughter

Question 16

adequate provocation

Answer 16

Required for reducing murder to vol. manslaughter

Elements:

(1) provocation would arouse sudden and intense passion in an ordinary person (objective)
(2) provocation did arouse such passion in D (subjective)
(3) insufficient time for an ordinary person to cool after provocation (objective)
(4) D did not cool off (subjective)

Question 17

battery

Answer 17

(general intent)

(1) unlawful application of force
(2) to the person of another
(3) resulting in bodily injury OR offensive touching

Question 18

aggravated battery

Answer 18

(1) battery (unlawful application of force on the person of another resulting in bodily harm or offensive touching), AND
(a) with a deadly weapon, OR
(b) serious bodily harm results, OR
(c) against a child, woman, or police officer

Question 19

assault

Answer 19

TWO TYPES:

(1) attempt to commit a battery (specific intent required), OR
(2) intentional creation of a reasonable apprehension of imminent bodily harm (subjective)

Question 20

aggravated assault

Answer 20

(1) Assault (attempted battery OR intentional creation of a reasonable apprehension of imminent bodily harm), AND
(a) use of a deadly weapon, OR
(b) with intent to rape, maim, or murder

Question 21

false imprisonment

Answer 21

(1) unlawful confinement of a person (must substantially interfere with person’s liberty)
(2) without valid consent (vitiated by coercion, threats, deception, or incapacity)

Question 22

kidnapping

Answer 22

(1) unlawful confinement of another, AND
(a) some movement of the victim, OR
(b) concealment of the victim in a secret place

Question 23

aggravated kidnapping

Answer 23

(1) kidnapping (unlawful confinement of another AND some movement of the victim OR concealment of the victim), AND
(a) for ransom, OR
(b) for the purpose of committing other crimes, OR
(c) for offensive purposes, OR
(d) child stealing

Question 24

sexual assault

Answer 24

(1) forcible intercourse (slightest penetration)
(2) without effective consent (vitiated by actual force, threats of great bodily injury, incapacity, or fraudulent claims that the act is not intercourse (other types of fraud okay))

Question 25

statutory rape

Answer 25

carnal knowledge of a person under the age of consent Strict liability mistake as to age generally is not a defense

Question 26

larceny

Answer 26

(1) taking (2) and carrying away (3) of tangible personal property (4) of another with possession (5) by trespass (6) with intent to permanently deprive

Question 27

continuing trespass doctrine

Answer 27

if a person takes wrongful possession without the intent to permanently deprive, there is no larceny. but if the person later develops the intent to permanently deprive, it is a "continuing trespass" and becomes larceny.

Question 28

embezzlement

Answer 28

(1) fraudulent (intent to defraud) (2) conversion (3) of personal property (4) of another (5) by one in lawful possession of the property

Question 29

false pretenses

Answer 29

(1) obtaining title (ownership) (2) of personal property of another (3) by intentional false statement (deceit by or reliance on misrepresentation) (4) with intent to defraud --> victim intended to pass ownership to suspect

Question 30

larceny by trick

Answer 30

(1) obtaining custody/possession (not ownership) (2) of property of another (3) by intentional false statement (deceit by or reliance on misrepresentation) (4) with intent to defraud --> victim intended to give suspect possession or custody, not ownership

Question 31

robbery

Answer 31

(1) a taking (2) of personal property (3) from another's person or presence (broadly construed) (4) by force or threat of imminent death or bodily harm (to victim, family, or someone in vicinity) --> force/threat must compel the taking (5) with intent to permanently deprive

Question 32

extortion

Answer 32

MPC (blackmail): obtaining property by threat to do harm or expose information (threat need not be in presence of victim, which differs from robbery) Common law (color of office): corrupt collection of unlawful fee by officer under color of office

Question 33

receipt of stolen property

Answer 33

(1) receiving possession and control (manual possession is not required) (2) of stolen property (must be stolen at the time of possession) (3) known to have been obtained in a manner constituting a criminal offense (4) by another person (5) with intent to permanently deprive

Question 34

forgery

Answer 34

(1) making or altering (2) a writing with apparent legal significance (3) so that it is false (not merely containing a misrepresentation) (4) with intent to defraud (specific intent)

Question 35

burglary

Answer 35

(1) breaking (actual opening exterior/interior door/window, or by fraud or force) (2) entering (any part of the body crosses inside) (3) dwelling (or structure) (4) of another (5) at night (not necessarily under modern statutes) (6) with intent to commit a felony (or misdemeanor) therein (intent must exist at time of breaking and entry)

Question 36

arson

Answer 36

(1) malicious (intentional or with reckless disregard to an obvious risk) (2) burning (charring; scorching insufficient) (3) of a dwelling (4) of another

Question 37

M'Naghten Rule

Answer 37

insanity defense; "right vs. wrong test" (1) disease of the mind (2) caused a defect (3) D at the time of acting: (a) did not know the wrongfulness of his actions, OR (b) did not understand the nature and quality of his actions

Question 38

Irresistible impulse test

Answer 38

insanity defense; "self-control test" because of mental illness, D was unable to control actions or conform conduct to the law

Question 39

Durham test

Answer 39

insanity defense; "products test" crime was product of mental illness (but for mental illness, crime would not have been committed)

Question 40

ALI / MPC test

Answer 40

insanity defense (1) as a result of mental disease or defect, D lacked capacity to (a) appreciate the criminality of his conduct, OR (b) conform conduct to the requirements of the law