Criminal Law

Question 1

CL Murder

Answer 1

The unlawful killing of a human being w/ malice aforethought.

The ∆’s act must proximately cause the V’s death.

Question 2

Malice

Answer 2

Malice aforethought exists where the ∆ has any of the following states of mind:

(1) intent to kill;
(2) intent to commit great bodily harm;
(3) reckless indifference to an unjustifiably high risk to human life, or
(4) intent to commit a felony.

Question 3

First Degree Murder

Answer 3

FDM is gen defined by statute as a murder committed w/ premed and deliberation. If the ∆ made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a brief period, its FDM.

Question 4

Defense: Voluntary Intox

Answer 4

Vol intox is the self induced intentional taking of a substance known to be intoxicating w/o duress. Vol intox evidence may serve to negate specific intent, except when ∆takes substance to build courage to commit the crime.

Question 5

Insanity Defense: M’Naghten

Answer 5

An accused is entitled to an acquittal if the proof establishes that a disease of the mind caused a defect of reason such that the ∆ lacked the ability at the time of his actions to either know the wrongfulness of his actions or understand the nature and quality of his actions.

Question 6

Insanity Defense: Irresistible Impulse

Answer 6

Because of a mental illness, ∆was unable to control their actions or conform their conduct to the law.

Question 7

Insanity Defense: Durham

Answer 7

Crime was product of their mental disease or defect.

Question 8

Insanity Defense: MPC

Answer 8

Mental defect and lacked substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the law.

Question 9

Self Defense

Answer 9

To act in SD, the ∆ must:

(1) be w/o fault;
(2) be confronted w/ unlawful force; and
(3) reas believe that he is threatened w/ imminent death or great bodily harm.

Question 10

Imperfect Self Defense

Answer 10

When ∆ was at fault in starting the altercation for which he used SD, or when the ∆unreas, but honestly, believed in the necessity of responding w/ deadly force, the murder may be reduced to manslaughter.

Question 11

Voluntary Manslaughter

Answer 11

Vol mans is the intentional killing of another with adequate provocation. The provocation mb sufficient to arouse the sudden and intense passion in the mind of an ordinary person such that he would lose any self control. Addtlly, the person must in fact be provoked, and there must not be suff time for the person to cool off. If the ∆did in fact cool off, killing will not be reduced to vol mans.

Question 12

Assault

Answer 12

Assault is either an attempt to commit a battery or the intent to place another in reas app of imminent injury. Aggravated assault if deadly weapon involved

Question 13

Battery

Answer 13

Battery is the intentional or reckless causing of a bodily injury or an offensive touching to another. Agg battery if deadly weapon used.

Question 14

Kidnapping

Answer 14

Kidnapping is the unlawful confinement of another, involving movement or concealment in a secret place. Agg if for ransom, to commit another crime or children taken

Question 15

Involuntary Manslaughter

Answer 15

Invol mans can arise in 2 ways:

(1) when a person’s behavior is grossly neg and the conduct results in death. Gross neg is the disregard of a very subst danger or serious bodily harm or death;
(2) when ∆ commits a misD and death occurs.

Question 16

Larceny

Answer 16

Larceny is the tres taking and carrying away of personal prop of another w/ intent to perm deprive.

Trick occurs when ∆ tricks victim and obtains possession through fraud/deceit.

∆ does not have lawful possession, embezzlement has lawful possession.

Question 17

Embezzlement

Answer 17

Embezzlement is fraud conversion of personal prop of another by one who is already in lawful possession of that prop.

∆has lawful possession, larceny doesnt have lawful possession.

Question 18

False Pretenses

Answer 18

False pretenses occurs when the ∆ knowingly makes a false rep of a past/present material fact, which causes person to whom it was made to convey title to the misrepresenter who intends to defraud.

Question 19

Robbery

Answer 19

Robbery is a larceny through force or threat of injury.

Force mb used either to gain possession of the prop or retain possession immediately after possession has been accomplished.

Question 20

Burglary

Answer 20

Burglary is a breaking and entering of the dwelling of another at night w/ intent to commit a felony therein. Modern, most jdx include any type of structure and any time of day.

Question 21

Solicitation

Answer 21

Solicitation occurs when one reqs or encourages another to commit a crime w/ intent that the person solicited does commit the crime, regardless of why they agree to do so.

Question 22

Conspiracy

Answer 22

Conspiracy is an agt between 2 or more persons who intend to commit an unlawful act or a lawful act by unlawful means. At CL, req’d bilateral agt, modern allows unilateral.

No express agt is req’d; it may be inferred from the joint activity of the parties.

Traditionally, if the crime was completed then conspiracy merged w/ the target offense, and the ∆ couldn’t be convicted of both the conspiracy and the target offense. However, modernly, they can be convicted of both the conspiracy and the crime they committed pursuant to the conspiracy.

Question 23

Attempt

Answer 23

Act that, although done w/ the intent of committing a crime, falls short of completing the crime. An attempt consists of two elements: (1) specific intent to commit the target offense; and (2) an overt act in furtherance of that intent.

Specific intent means that the ∆must have the intent to perf an act and obtain a result that, if achieved, would const a crim.

Question 24

Accomplice

Answer 24

One who aids, abets, assists, or encourages the carrying out of a crime and is present physically or constructively.

Question 25

Principal

Answer 25

One who commits the actual crime.

Question 26

Accomplice Liability

Answer 26

The accomplice is lia for the crime he assisted or encouraged if the principal carried out the crime.

Mere knowledge is insufficient to est the intent to aid or encourage in the crime.

Accomplices lia for addtl crimes committed by the principal in the course of committing the intended crime, so long as the crimes were a natural and probable consequence.

Question 27

Accessory before the fact

Answer 27

An accomplice who aids, abets, or encourages the principal but is not present at the crime.

Question 28

Accessory After the Fact

Answer 28

Accomplice who knowingly gives assistance to a felon, for the purpose of helping him avoid apprehension following commission of a crime.

Question 29

Withdrawal From Conspiracy

Answer 29

Once the act is made and the conspiracy is formed, one cannot withdraw from conspiracy lia, but they can withdraw for purpose of future crimes of co-conspirators if they communicate their withdrawal to all co-conspirators and take affirmative action to withdraw.

Question 30

Second Degree Murder

Answer 30

SDM is gen defined as all murders that dont fit into the def of FDM. SDM is similar to CL murder.

Question 31

Overt Act Requirement - Attempt

Answer 31

Traditional rule: Proximity test and reqs an act that is dangerously close to success.

MPC reqs subst step towards the commission of the crime. The subst step mb strongly corroborative of the ∆’s crim intent.