Criminal Law

Question 1

The five major Criminal Mental Elements (MENS REA) are:

CRIM K

Answer 1

Criminal Negligence
Recklessness
Intent
Maliciousness
Knowingly

Question 2

Criminal Negligence

Answer 2

Failure by the defendant to perceive a substantial risk; it is a gross deviation from the standard of care that a reasonably prudent person under the circumstances would observe.

Question 3

Criminal Recklessness

Answer 3

Defendant perceives a substantial and unjustifiable risk, but consciously disregards it and his conduct constitutes a gross deviation from the behavior expected of a reasonable person.

Question 4

Intent

Answer 4

Defendant consciously desires to bring about a result or is aware that conduct is certain to bring about a result.

Question 5

General Intent

Answer 5

Defendant intentionally performs an action prohibited by law.

Question 6

Specific Intent

Answer 6

Defendant intentionally performs an action prohibited by law AND Defendant desires the particular result.

Question 7

Transferred Intent

Answer 7

Intentional conduct that causes harm to an unintended victim; transfers the mens rea from the party defendant desired to harm, to the party at whom the action is directed.

Question 8

Maliciousness

Answer 8

Defendant acts either intentionally or recklessly; but not negligently.

Question 9

Knowingly

Answer 9

Defendant acts with an awareness that certain facts or circumstances exist which constitute a crime.

-A form of intentional misconduct
-Can include “conscious avoidance”; willful blindness

Question 10

Willfulness

Answer 10

Defendant acts with knowledge that conduct is unlawful. (i.e., he knew he was breaking the law when he acted)

-A form of intentional misconduct

Question 11

Strict Liability

Answer 11

No mental state required; defendant is criminally responsible for the action irrespective of their state of mind.

-Mistake is not a defense

Question 12

First Degree Murder

Answer 12

(1) Specific intent and (2) premeditation and deliberation.

Question 13

Second Degree Murder

Answer 13

Intentional or Reckless Killing.

Question 14

Felony Murder

Answer 14

Killing during the commission of an inherently dangerous felony (either in its attempt, during its commission, or in immediate flight from the dangerous felony).

Question 15

Felonies:

BARRK

Answer 15

Burglary
Arson
Rape
Robbery
Kidnapping

Question 16

Once the felons reach a place of temporary safety

Answer 16

The felony is considered completed and any death that they cause thereafter is not considered felony murder.

Question 17

Voluntary Manslaughter

Answer 17

(1) There was a provocation that would cause a reasonable person to lose control of himself and act spontaneously; (2) the defendant was in fact provoked; (3) there was insufficient time to cool off; and (4) the defendant in fact did not cool off between the provocation and the killing.

Question 18

Mistaken Justification

Answer 18

Murder will be reduced to manslaughter where the defendant makes an unreasonable mistake as to the use of deadly force.

Question 19

Involuntary Manslaughter

Answer 19

Homicide that is committed without the intent to kill, but with criminal negligence.

Question 20

Can be Guilty of Murder:

Principal in the First Degree

Answer 20

The person who actually commits the crime.

Question 21

Can be Guilty of Murder:

Principal in the Second Degree

Answer 21

-Co-felon or Co-conspirator
-Accomplice – intentionally aids, abets, or encourages
-Accessory – intentionally aids before or after the crime

Question 22

Crime of Conspiracy

Answer 22

Conspiracy is an agreement between two minds (the actus reus) with the specific intent to commit a crime (the mens rea).

Question 23

Accomplice Liability

Answer 23

(1) That the accomplice assisted the principal in the commission of the crime, and (2) that the accomplice acted with BOTH the (i) intent to assist the principal and (ii) the intent that the principal commit the offense.

Question 24

Crime of Attempt

Answer 24

(1) Specific Intent; and (2) Substantial Step in Furtherance of the Objective.

Question 25

Receiving Stolen Property

Answer 25

(1) Defendant knows or has reason to know that property is stolen;
(2) Defendant intends to permanently deprive the owner; and
(3) The property is stolen.

Question 26

Larceny

Answer 26

(1) Defendant wrongfully “takes” (the slightest movement is sufficient) the personal property of another; (2) without permission; and (3) with the specific intent to permanently deprive the owner of that property or its value.

Question 27

Robbery

Answer 27

Larceny + Assault or Battery

Question 28

Burglary

Answer 28

(1) An unauthorized (unconsented) “breaking” and “entering”; (2) into another’s “dwelling”; (3) during the night; and (4) with a specific intent to commit a felony therein [Intent to commit a felony MUST be contemporaneous with the unlawful entry]

Question 29

Burglary Mnemonic:

I BEND

Answer 29

Intent to commit a felony therein
Breaking
Entering
Nighttime
Dwelling

Question 30

Arson

Answer 30

(1) Malicious (recklessly or intentionally, but not negligently); (2) burning (charring) (3) of the “dwelling” of another.

Question 31

Mistake of Fact

Answer 31

An error that is not caused by the neglect of a legal duty by the actor, but rather caused by a mistake or ignorance of a material event or circumstance.
Must be reasonable!

Question 32

Mistake of Law

Answer 32

Is no defense when a person was unaware that her acts were prohibited by law or that she believed her acts were not prohibited.
It is an applicable defense only if the criminal statute was not published or made reasonably available prior to the act, or the person reasonably relied on contrary statute, judicial decision or official advice or interpretation.

Question 33

Insanity – M’Naghten Rule

Answer 33

(1) Mental disease or defect that caused him to either: (i) not know that his act would be wrong; or (ii) not understand the nature and quality of his actions.

Question 34

Insanity – Irresistible Impulse Test

Answer 34

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

Question 35

Insanity – Durham Test

Answer 35

Defendant is entitled to acquittal if the crime was the product of his mental disease.

Question 36

Insanity – MPC Test

Answer 36

A defendant is entitled to acquittal if he (1) had a mental disease or defect, and, as a result, he (2) lacked the substantial capacity to either:
(i) appreciate the criminality of his conduct; or (ii) conform conduct to the requirements of law.

Question 37

Voluntary Intoxication

Answer 37

A defense to specific intent crimes.

Question 38

Involuntary Intoxication

Answer 38

A defense to specific and general intent crimes.

Question 39

Self Defense/Justification

Answer 39

Force must be reasonable in relation to harm.

Duty to retreat except from home or where safe retreat is not possible.

Question 40

Duress

Answer 40

Defendant is (1) faced with a threat of immediate death or serious injury (he did not put himself in) and the (2) threatened defendant chooses to commit a crime (no other option) rather than suffer the immediate consequences of the violent threat.

Question 41

Entrapment

Answer 41

(1) Government inducement to commit a crime, and (2) Defendant’s lack of predisposition to engage in that conduct.

Question 42

Ex Post Facto

Answer 42

Retroactive application of the law.

Question 43

Withdrawal

Answer 43

(1) Voluntary abandonment of crime and (2) Substantial effort to prevent commission of crime.