Criminal Law

Question 1

jurisdiction

Answer 1

legal situs is where the conduct or result of crime happened, or should have happened

Question 2

merger

Answer 2

-only solicitation and attempt merge into substantive offense.
-no merger for conspiracy, that is a separate crime

Question 3

essential elements

Answer 3

-physical act (actus reus); of their own volition, but not reflective, convulsive or unconscious;
-and mental state (mens rea)

Question 4

specific intent crimes (BAM ACTS)

Answer 4

-burglary; assault; murder (1st degree); attempt; conspiracy; theft; solicitation

Question 5

malice crimes

Answer 5

reckless disregard of obviously high risk of harm
*murder/arson

Question 6

general intent crimes

Answer 6

awareness of all factors constituting the crime, eg. awareness of act or high likelihood it will occur

Question 7

strict liability

Answer 7

no required awareness

Question 8

transferred intent

Answer 8

two charges: attempt and offense

Question 9

Accomplice Liability

Answer 9

-liability for the crime itself and all foreseeable crimes
-requires active involvement, eg. aid, counsel or encourage, with the INTENT To AID

Question 10

Inchoate Offenses: solicitation

Answer 10

-asking someone to commit a crime
-requires intent for person to commit the crime
-the crime ends at the asking - if the person subsequently commits the crime it becomes conspiracy

Question 11

conspiracy

Answer 11

(i) agreement; (ii) intent to agree; (iii) unlawful objective.
-majority of jurisdictions require an overt act
-liability: all foreseeable crimes committed to further the conspiracy
-withdrawal: (i) an affirmative act notifying all member of withdrawal AND (ii) assistance in neutralizing
—successful withdrawal cuts of liability for future crimes BUT not conspiracy

Question 12

attempt

Answer 12

-specific intent to commit + a substantial step towards beyond mere preparation

Question 13

Defenses Negating Criminal Capacity:
-insanity: defense to what?
-M’Naghten
-Irresistible Impulse
-Durham Rule
-MPC/ALI

Answer 13

-insanity is a defense to all, including strict liability; the Defendant bears the burden of production
-M’Naghten: at the time of conduct, D lacked the ability to know the wrongfulness of actions or the nature/quality of actions

Question 14

-irresistible impulse
-Durham Rule
-MPC

Answer 14

-irresistible impulse: D lacks the capacity for self-control & free choice
-Durham Rule: D’s conduct is the product of a mental illness
-MPC: D lacked the capacity to (i) appreciate the criminality of conduct or (ii) to conform his conduct to the requirements of the law

Question 15

Defenses Negating Criminal Capacity: Intoxication:
-voluntary
-involuntary

Answer 15

-voluntary: only a defense for Specific Intent;
-involuntary: like insanity, is a defense to all, including Strict Liability
—requires: taking drugs/alcohol without knowledge; under duress; pursuant to med advice without awareness of intoxicating effect

Question 16

defenses negating criminal capacity: infancy

Answer 16

-Under 7 years old: no liability
-Under 14 years old: rebuttable presumption of no liability

Question 17

Excuses / Justification:
-self defense

Answer 17

-non-deadly: reasonably neccessary
-D: (i) D was without fault; (ii) confronted with an unlawful force; (iii) threatened with imminent death / great bodily harm
-Min: retreat unless in person’s home; making lawful arrest; or vic of rape/robbery
-original aggressor must withdraw and communicate withdrawal

Question 18

defense of others

Answer 18

person assisted reasonably appeared to have the legal right to use force in his own defense

Question 19

defense of property

Answer 19

-non deadly force is ok
-no force to regain possession unless in hot pursuit

Question 20

crime prevention

Answer 20

-non-deadly force to prevent felony or breach of peace
-deadly force only to prevent a dangerous felony

Question 21

effectuate arrest

Answer 21

-private person: deadly force only if person harmed was actually guilty of the offense
-officer: deadly force to apprehend fleeing felon who threatens death/serious bodily harm AND necessary to prevent escape

Question 22

duress

Answer 22

The threat of imminent infliction of death/great bodily harm on self or member of immediate family
-no homicide

Question 23

necessity

Answer 23

reasonably necessary to avoid imminent AND greater injury to society.
-no homicide

Question 24

Other Defenses: impossibility

Answer 24

-factual impossibility: no defense
-legal impossibility: not illegal to do what D intended to do

Question 25

mistake of fact

Answer 25

-specific intent: any mistake
-malice/gen intent: reasonable mistake only
-strict liability: never

Question 26

consent

Answer 26

-only if crime requires a lack of consent, eg. rape
-requires: consent was voluntarily/freely given; legally capable of consenting; no fraud

Question 27

entrapment

Answer 27

only if police originated criminal design AND D was not predisposed to commit act

Question 28

Offenses Against the Person:
-battery

Answer 28

-battery: the unlawful application of force resulting in bodily injury or offensive toughing
-aggravated: deadly weapon’ serious bodily harm; to a child, woman or police

Question 29

assault

Answer 29

attempted battery (SI); threaet to bodily injury (GI)

Question 30

homicide:
-definition

Answer 30

homicide: the unlawful killing of a human with malice aforethought:
-intent to kill; intent to inflict great bodily injury; reckless indifference to an unjustifiably high risk to life; felony murder

Question 31

homicide:
-first degree
-second degree

Answer 31

-first degree: deliberate, willful, and premeditated and enumerated felony, eg. arson, robbery, burglary, rape, mayhem and kidnapping
-second degree: everything else under CL murder
—unjustified; No felony murder once D reaches temporary safety or it death of co-felon is result of resistance by victim or police

Question 32

manslaughter: imperfect self defense; voluntary; involuntary

Answer 32

-bump down murder if “imperfect self-defense”: D was at fault in starting the fight or unreasonably but honestly believed in necessity
-voluntary manslaughter: murder with adequate provocation; heat of passion without time to cool
-involuntary manslaughter: criminal negligence; battery; or misdemeanor

Question 33

Property Crimes:
-larceny

Answer 33

-larceny: the taking and carrying away of personal property of another by trespass with the intent to permanently deprive the owner of the property.

Question 34

embezzlement

Answer 34

embezzlement: the fraudulent conversion of the personal property of another by a person in lawful possession of that property.

Question 35

false pretense

Answer 35

obtaining the TITLE to personal property of another by an intentional false statement of past or existing fact WITH the intent to defraud

Question 36

larceny by trick

Answer 36

obtaining possession to personal property of another by an intentional false statement of fact WITH the intent to defraud

Question 37

robbery

Answer 37

the taking of personal property of another from other’s person or in the presence of the person by force or threat of imminent death / injury with the intent to permanently deprive the person of the property

Question 38

extortion

Answer 38

obtain property by threat of harm / exposing info

Question 39

receipt of stolen property

Answer 39

receiving possession and control of stolen person property known to have been stolen by another person with the intent to permanently deprive the owner.

Question 40

Offense against habitation:
-burglary

Answer 40

-burglary: the breaking and entering of a dwelling of another at night WITH the intent to commit a felony therein

Question 41

offense against habitation:
-arson

Answer 41

-arson: the malicious burning of the dwelling of another
*requires damage to the structure