Criminal Law

Question 1

Sources of legal duty to act (under which an omission can be penalized)

Answer 1

1) Statute
2) Contract
3) Relationship
4) Voluntary assumption of care
5) Defendant created the peril

Question 2

Specific Intent Crimes (+ def)

Answer 2

def = intent to engage in proscribed conduct 
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 3

General Intent Crimes + def

Answer 3

= defendant aware of all factors constituting the crime, jury can infer from the act itself 
Battery
Rape
Kidnapping
False imprisonment

Question 4

Malice Crimes + definition

Answer 4

def = reckless disregard of an obvious or high risk that harmful result will occur

Arson
Common Law Murder (includes felony murder; malice is implied from intent to commit felony)

Question 5

Strict Liability Crimes

Answer 5

Statutory Rape

Selling liquor to minors

Question 6

Transferred Intent Crimes

Answer 6

Homicide
Battery
Arson

Question 7

Accomplice liability

Answer 7

1) intent to assist principal in commission of a crime
2) intent that the principal commit the offense
NOTE: If mens rea is reckless/negligence: 1) intent to facilitate crime + 2) acted with recklessness/negligence

3) aid/encourage principal

Question 8

Accomplice liability - withdrawal

Answer 8

• Before the crime becomes unstoppable
• Repudiate any encouragement
• Attempt to neutralize assistance
• Notify police

Question 9

Conspiracy

Answer 9

1) agreement between 2+ persons
2) intent to enter into agreement
3) intent to achieve objective of agreement
–>CL bilateral intent: 2+ people must intend to achieve
–>Modern unilateral intent: 1 person must intend to achieve
[4) an overt act]

Question 10

Conspiracy - Withdrawal

Answer 10

Generally, NOT a defense
For crimes committed in furtherance of the conspiracy: if perform an affirmative act that notifies all members of withdrawal, neutralize assistance

Question 11

Solicitation

Answer 11

Asking, inciting, counseling, advising, urging, commanding another to commit a crime
With intent that the person commit the crime

Question 12

Solicitation - Withdrawal

Answer 12

MPC only: renunciation can be a defense if defendant prevents commission of the crime

Question 13

Attempt

Answer 13

1) specific intent to commit a crime
2) an overt act in furtherance of the crime
- ->traditional: dangerously close; modern: substantial step

Question 14

Attempt - Withdrawal

Answer 14

Common law: not a defense

MPC: abandonment is a defense if fully voluntary and complete

Question 15

Common law murder

Answer 15

Unlawful killing with malice aforethought
Malice aforethought exists if defendant has:
1. Intent to kill
2. Intent to inflict great bodily injury
3. Reckless indifference to an unjustifiably high risk to human life/depraved heart
4. Intent to commit a felony

Question 16

First degree murder

Answer 16

1. Deliberate and premeditated murder (with reflection)

2. First degree felony murder (BARRK - burglary, arson, rape, robbery, kidnap)

Question 17

Second degree murder

Answer 17

1. Depraved heart murders

2. Lesser felony murders

Question 18

Felony Murder - liability for deaths

Answer 18

• NL if co-felon is killed as a result of resistance from victim/police
• Proximate cause theory: felons liable for deaths of victims caused by someone other than a co-felon
• Agency theory: felons liable for killings by felons or agents

Question 19

Voluntary manslaughter

Answer 19

a killing that occurred because of adequate provocation (would arouse sudden and intense passion in a reasonable person, defendant was provoked, insufficient cooling off time to a RP, did not cool off)

Question 20

Imperfect self-defense

Answer 20

Reduces a murder charge to manslaughter even though 1) defendant was at fault in starting the altercation or 2) defendant unreasonably but honestly believed in the necessity of deadly force

Question 21

Involuntary Manslaughter

Answer 21

a killing with criminal negligence OR recklessness (depends on the state)
a killing during the commission of an unlawful act (unenumerated misdemeanor/felony)

Question 22

Causation-Homicide

Answer 22

A defendant must be cause-in-fact + proximate cause of death

• Cause in fact: but-for cause
• Proximate cause: death was the natural and probable consequence of conduct
• -> an intervening act can shield the defendant from liability if the act is a mere coincidence or is outside the foreseeable sphere of risk created by the defendant’s act

Question 23

Battery

Answer 23

Unlawful force

Resulting in bodily injury/offensive touching

Question 24

Assault

Answer 24

Attempt to commit a battery OR
Intentional creation–other than by mere words–of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 25

False imprisonment

Answer 25

Unlawful confinement of a person (MPC: confinement must “interfere substantially” with person’s liberty)
Without the person’s valid consent

Question 26

Kidnapping

Answer 26

Unlawful confinement that involves 1) movement of the victims OR 2) concealment of the victim

Question 27

Larceny

Answer 27

a taking
and carrying away
of tangible personal property
of another 
by trespass (i.e. without consent)
with intent to permanently deprive of interest in property

Question 28

Embezzlement

Answer 28

fraudulent
conversion 
of personal property
of another
by a person in lawful possession of that property

Question 29

False pretenses

Answer 29

obtaining title
to personal property of another
by an intentional false statement of a past/existing fact
with intent to defraud the other

Question 30

larceny by trick

Answer 30

taking and carrying away of tangible personal property
by consent induced by misrepresentation
with intent to permanently deprive

Question 31

False pretenses vs. larceny by trick

Answer 31

False pretenses – victim gives up title

Larceny by trick – victim gives up custody

Question 32

Robbery

Answer 32

a taking
of personal property of another
from the other’s person or presence (broadly drawn)
by force or threats of imminent death/physical injury
with the intent to permanently deprive them of it

Question 33

Embezzlement vs. larceny vs. robbery

Answer 33

Embezzlement – defendant misappropriates property in their rightful possession
Larceny – defendant misappropriates property NOT in possession
Robbery – defendant uses force/threats to obtain property

Question 34

Extortion

Answer 34

CL: corrupt collection of an unlawful fee by an officer
Modern: obtaining property by means of threats to do harm or expose information

Question 35

Receiving stolen property

Answer 35

receiving possession and control
of stolen personal property (*stolen at the time received)
known to have been obtained in a manner constituting a criminal offense
by another person
with the intent to permanently deprive the owner of their interest

Question 36

forgery

Answer 36

making or altering
a writing with apparent legal significance
so that it is false
with intent to defraud

Question 37

burglary

Answer 37

a breaking
and entry
[of a dwelling]
of another
[at nighttime]
with the intent to commit a felony

Question 38

Arson

Answer 38

a malicious
burning
[of the dwelling]
of another

Question 39

Insanity tests

Answer 39

M’Naughten rule: 1) disease of the mind 2) caused a defect of reason 3) defendant lacked ability at time of actions to know wrongfulness

Irresistible impulse: because of mental illness, unable to control actions/conform to law

Durham test: if crime was a product of mental illness

MPC test: if, due to mental defect, lacked substantial capacity to 1) appreciate criminality of conduct or 2) conform conduct to law

Question 40

when can a failure to act give rise to liability?

Answer 40

• legal duty to act
• defendant has knowledge of the facts giving rise to the duty
• it is reasonably possible to perform the duty

Question 41

Purposely - MPC def

Answer 41

A person’s conscious object is to engage in conduct/cause a result

Question 42

Knowingly - MPC def

Answer 42

a person is aware their conduct is of a particular nature/circumstances exist; or deliberately avoid knowing the truth

Question 43

Recklessly - MPC def

Answer 43

consciously disregard a substantial and unjustifiable risk (subjective); this disregard is a gross deviation from the standard of care of a reasonable person (objective)

Question 44

Negligently - MPC def

Answer 44

fail to be aware of a substantial and unjustifiable risk, where this is a substantial deviation from the standard of care (objective standard only)

Question 45

mistake as a defense

Answer 45

• mistake of fact: a reasonable state of mind negates all mens rea, except strict liability
• mistake of law: not a defense, unless statute wasn’t made available, reasonably rely on a statute/judge