Criminal Law

Question 1

Duress

Answer 1

1. not a defense to murder, but a defense to the underlying felony in felony murder. If there is no underlying felony, cannot be held liable for felony murder.

Question 2

Involuntary Manslaughter

Answer 2

Criminal negligence: substantial deviation
Recklessness: consciously disregard a substantial and unjustifiable risk
Unlawful act: death occurs while in commission of an unlawful act (like speeding)

analyse all!

Question 3

Burglary

Answer 3

The elements of common law burglary are: (i) a breaking; (ii) and entry; (iii) of the dwelling (only part of it has to be used for dwelling); (iv) of another; (v) at nighttime; (vi) with the intent of committing a felony therein (need to enter with that intent)

Question 4

Murder is the killing of a human being with malice aforethought.

Answer 4

1. intent to kill
2. intent to inflict great bodily injury
3. reckless indifference to an unjustifiably high risk to human life (abandoned and malignant heart/depraved heart)
4. intent to commit a felony

malice aforethought can equal a reckless indifference to an unjustifiably high risk to human life! remember that guy shooting through his front door when he was drunk

Question 5

Felony murder and liability for other people’s deaths

Answer 5

co-felon usually not liable for other co-felon’s death from resistance by victim or police pursuit.

remember the only intent required is that to commit the underlying felony

Question 6

Abandonment of an attempt

Answer 6

Even in those jurisdictions in which abandonment is a defense, such abandonment must be:

(i) fully voluntary and not made because of the difficulty of completing the crime or because of an increased risk of apprehension; and
(ii) a complete abandonment of the plan made under circumstances manifesting a renunciation of criminal purpose, not just a decision to postpone committing it or to find another victim. Here, the felon intended to take money from the clerk at the market by means of the threat of having a gun (i.e., by simulating a gun)

Question 7

Larceny

Answer 7

Unlike conversion, you need to intend to take something that isn’t yours with larceny. If you mistakenly think it is yours, you did not intend to commit a felony, because for larceny, you must intend to permanently deprive someone of their interest in something. If you didn’t intend to deprive them of their interest, bc you thought it was only your interest, then you don’t have the intent necessary.

Question 8

Self-defense and initial aggressors

Answer 8

The defendant would most likely be guilty of none of the listed crimes because the defense of self-defense makes his homicide excusable. A person may use deadly force in self-defense if (i) he is without fault, (ii) he is confronted with unlawful force, and (iii) he reasonably believes that he is threatened with imminent death or great bodily harm. In a majority of states, a person may use deadly force in self-defense even if this could be avoided by retreating. Here, the defendant’s use of force was privileged because it reasonably appeared necessary to defend him from the man’s unlawful attack, and the defendant had no duty to retreat under the majority view. Furthermore, the defendant can claim the privilege of self-defense even though his words triggered the fight-calling someone names would not be considered adequate provocation that would make the defendant the aggressor.

Question 9

Crime prevention

Answer 9

A person is privileged to use deadly force to prevent a crime only if it is an inherently dangerous felony.

Question 10

Withdrawals

Answer 10

Solicitation

• CL=no withdrawal
• MPC=renunciation, prevention

Accomplice

• Renounce/repudiate
• neutralize
• notify

Conspiracy (only usually withdrawal from liability for acts in furtherance)

• inform all other co-conspirators
• in time to abandon

Attempt:

• CL=no
• MPC=fully voluntary, complete abandonment

Question 11

Embezzlement

Answer 11

(1) the fraudulent
(2) conversion
(3) of personal property
(4) of another
(5) by a person in lawful possession of that property

Question 12

False Pretenses

Answer 12

(1) obtaining title
(2) to another’s property
(3) by intentional false statement of past or present fact (future is allowed under MPC)
(3) with the intent to defraud.

Question 13

Receipt of Stolen Property

Answer 13

(1) Receiving possession and control
(2) of “stolen” personal property
(3) known to have been obtained in a manner constituting a criminal offense
(4) by another person
(5) with the intent to permanently derive the owner of their interest in it

Question 14

Mistake of fact vs. factual impossibility

Answer 14

Mistake of fact=a defense–can negate intent

Factual impossibility=NOT a defense