Criminal Law

Question 1

Elements of a Crime

Answer 1

Prosecution must prove all elements of a crime beyond a reasonable doubt:
1) Physical Act (actus reus);
2) Mental State (mens rea);
3) Causation (both actual and proximate cause); AND
4) Concurrence (mental state and physical act occur at the same time).

Question 2

Acts and Omissions

Answer 2

Physical Act (actus reus) of the D must be voluntary.

Omission – generally is NOT criminal unless:
1) D had a legal duty to act;
2) D had knowledge of facts concerning the duty to act; AND
3) It was reasonably possible for D to act.

Question 3

Duty to Act

Answer 3

= contractual duty, parent-child relationship, duty taken on voluntarily, statute creates a duty, or when D creates the danger.

Question 4

Causation

Answer 4

Requires both:
1) Actual Causation; AND
2) Proximate Cause.

Actual Causation→present when the result/injury would not have occurred “but for” the D’s conduct.

Proximate Cause→injury must be foreseeable from D’s act (it was a natural probable consequence).

Question 5

Superseding Intervening Cause

Answer 5

A third-party’s act will break the chain of causation if the act was:
1) Independent; AND
2) Not foreseeable – it’s so out-of-the-ordinary that it’s not fair to hold D liable for the crime.

Question 6

Mental States

Answer 6

The intent element of a crime (mens rea).

Common Law (CL):
Specific Intent – intent or desire to engage in the conduct or cause a certain result.

General Intent – awareness of acting in a certain way.

Malice – reckless disregard of a known risk that harm may occur.

Strict Liability – no mental state required; only the act is required.

Question 7

General Intent Crimes

Answer 7

1) Battery;
2) Rape;
3) Kidnapping; and
4) False Imprisonment.

Question 8

Specific Intent Crimes

Answer 8

1) Attempt;
2) Larceny and Robbery;
3) Forgery;
4) False Pretense;
5) Embezzlement;
6) Conspiracy;
7) Assault;
8) Burglary;
9) First-degree Murder; and
10) Solicitation.

Question 9

Model Penal Code (MPC) Purposefully

Answer 9

Conscious object to engage in conduct or cause a certain result.

Question 10

Model Penal Code (MPC) Knowingly

Answer 10

aware that his conduct is of a particular nature or knows that his conduct will necessarily or very likely cause a particular result.

Question 11

Model Penal Code (MPC) Recklessly

Answer 11

Consciously disregards a substantial and unjustifiable risk + act is a gross deviation from how a reasonable person would act.

Question 12

Criminal Negligence

Answer 12

– should have been aware of a substantial and unjustifiable risk + that failure is a gross deviation from the standard of care.

Question 13

Common Law Murder

Answer 13

(1) unlawful killing,
(2) of a person,
(3) with malice aforethought.

Question 14

Malice aforethought (4 Murders)

Answer 14

Arises when no mitigating facts reduce the killing to a lesser crime and D commits the killing with one of the following mental states:
1) Intent to kill:
2) Intent to inflict great bodily injury;
3) Depraved/malignant heart- a killing committed with reckless indifference to an unjustifiable risk of human life;
4) Felony Murder- a killing caused during the attempt or commission of an inherently dangerous or statutorily enumerated felony.

Question 15

Statutory Modifications to Common Law Murder

Answer 15

First-degree murder- arises if a killing is either:
a) Deliberate and premeditated- D must have killed in a dispassionate manner and must have considered or reflected on his killing, even if only momentarily (voluntary intoxication and mistke of fact are valid defenses); or
b) Felony Murder- killing during an enumerated felony.

Second-degree murder- a homicide not arising to first-degree murder.

Question 16

Voluntary Manslaughter

Answer 16

Intentional killing of a person without malice aforethought (adequate provocation).

Adequate Provocation
(1) D was provoked (sudden and intense passion causing a loss of control);
(2) a reasonable person would have been provoked;
(3) not enough time to cool off; AND
(4) D in fact did not cool off.

Question 17

Involuntary Manslaughter

Answer 17

Unintentional killing of a person committed:
a) recklessly;
b) under the misdemeanor-murder rule;
c) during a non-dangerous felony; OR
d) with criminal negligence (in some states).

Question 18

MPC Manslaughter

Answer 18

Killing of a person committed:
a) recklessly; OR
b) committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or excuse.

Question 19

Larceny

Answer 19

(1) trespassory taking,
(2) and carrying away,
(3) of the personal property of another,
(4) with the intent to permanently deprive the owner of the property (intent must exist at the time of taking).

Question 20

Larceny by Trick

Answer 20

Obtain possession (not title) of the personal property of another by trick or deception.

Question 21

False Pretenses

Answer 21

(1) obtain title,
(2) to personal property of another,
(3) through an intentional false statement of material fact,
(4) with intent to defraud.

Question 22

Embezzlement

Answer 22

(1) fraudulent or wrongful,
(2) conversion,
(3) of personal property of another,
(4) by a person with lawful possession of the property.

− Intent to permanently deprive the lawful owner of the property is required.

Question 23

Forgery

Answer 23

1) Creating or altering;
2) A document with purported legal significance;
3) To be false; and
4) With intent to defraud.

-(actually defrauding somebody is not required, the mere intent to defraud is sufficient).

-Also includes offering a forged document as genuine even if D did not create

Question 24

Receiving Stolen Property

Answer 24

When a person:
(1) receives possession of stolen property,
(2) who knows the property is stolen when receiving it,
(3) with the intent to permanently deprive the owner of the property.

Question 25

Robbery

Answer 25

(1) trespassory taking and carrying away,
(2) of the personal property of another,
(3) in their presence,
(4) by the use of force or threat of immediate physical harm,
(5) with the intent to permanently deprive the owner of the property.

Armed Robbery = above elements + use of a dangerous weapon.

Question 26

Burglary

Answer 26

(1) breaking and entering,
(2) of a dwelling,
(3) of another,
(4) at night,
(5) for the purpose of committing a felony inside.

− Most jurisdictions extend burglary to include breaking into any structure at any time.

Question 27

Extortion

Answer 27

Obtaining property through threats of future harm or exposing information.
-Extortion involves threats of future, rather than immediate, harm.

Question 28

Entrapment

Answer 28

1) Criminal design originated with law enforcement; and
2) D was not otherwise predisposed to commit the crime.

Question 29

Rape Common Law

Answer 29

(1) unlawful sexual intercourse,
(2) of a woman by a man (not her husband),
(3) without her consent.

− Modern definition→includes marital rape (in most states) and makes gender irrelevant.

Question 30

Rape MPC

Answer 30

A male who has sex with a female (not his wife) is guilty of rape if:
(a) he compels her by force/threat of imminent death, serious bodily injury, extreme pain, or kidnapping;
(b) he secretly drugs her;
(c) female is unconscious; OR
(d) female is less than 10 years old.

Deviate Sexual Intercourse
→has same elements as above, but is gender neutral.

Question 31

Statutory Rape

Answer 31

(1) unlawful sexual intercourse,
(2) with a person,
(3) under the age of consent (as defined by statute).

Question 32

Battery

Answer 32

(1) unlawful application of force,
(2) directly or indirectly upon another person or their close personal belongings,
(3) resulting in injury or offensive contact.

− Intent to cause injury is NOT required.

Question 33

Assault

Answer 33

Either
(a) an attempted battery, OR
(b) the intentional creation of a reasonable apprehension of imminent bodily harm to a person.

Question 34

Kidnapping

Answer 34

The unlawful confining, restraining, or moving of a person that involves either:
a) Some movement of the victim; or
b) Concealment of the victim in an unknown, hidden, or secret location.

Question 35

False Imprisonment

Answer 35

(1) unlawful,
(2) confinement of a person,
(3) against their will,
(4) with knowledge that the restriction is unlawful.

− MPC→when D knowingly restrains a person unlawfully so as to substantially interfere with the person’s liberty.

Question 36

Arson

Answer 36

(1) malicious,
(2) burning,
(3) of a dwelling,
(4) of another.

− Majority of States→includes damage (i) caused by explosives, and (ii) to other types of buildings and vehicles.

Question 37

Criminal Possession

Answer 37

The unlawful possession of an item according to statute (i.e. weapon, drugs).

− To be found guilty, usually need both:
(1) knowledge of the possession; AND
(2) knowledge of what the item is.

Question 38

Attempt

Answer 38

When a person
(1) had specific intent to commit a crime, AND
(2) took an overt act sufficiently beyond mere preparation (most states & MPC = a “substantial step”; minority of states = proximate or dangerously proximate).
− Attempt merges with the underlying crime.

Question 39

Attempt Abandonment / Withdrawal Defense:

Answer 39

Most States→NOT a defense once D has taken a substantial step toward the crime (conduct beyond mere preparation).

Minority States & MPC→Abandonment before the completion of the crime is an affirmative defense if:
1) D voluntarily renounces his criminal purpose; AND
2) Completely abandons the effort to commit the crime or otherwise prevents its commission.

Question 40

Conspiracy

Answer 40

Is a specific intent crime, and requires:
1) An express/implied agreement between two or more persons;
2) Intent to enter into the agreement;
3) Intent to pursue an unlawful objective (common law = all parties; MPC & modern trend = only require one party’s intent); AND
4) Commission of an overt act in furtherance of the unlawful objective (any act taken by a co- conspirator is sufficient).

A conspirator is liable for the conspiracy, PLUS all foreseeable crimes committed by co-conspirators in furtherance of the unlawful objective.

− Withdrawal is NOT a defense for the conspiracy, but it is a defense for crimes committed by co-conspirators after the withdrawal.

Question 41

Solicitation

Answer 41

1) D requests another person to commit a crime (or join in the commission of a crime);
2) With specific intent that the crime be committed; AND
3) The other person receives the request.

*Solicitation merges with the substantive crime.

Question 42

Accomplice Liability

Answer 42

An accomplice is one who:
1) aids, abets, or facilitates the commission of the crime; AND
2) has dual intent (intent to assist the primary party, and intent that the crime be committed).

An accomplice is liable for all crimes he committed and all foreseeable crimes committed by the primary party.

Withdrawal – is a defense if D withdraws before the crime becomes unstoppable, and requires:
1) repudiating the encouragement given; AND
2) neutralizing any assistance.

Question 43

Duress

Answer 43

Is an affirmative defense, and excuses D’s conduct if it was the result of:
1) a threat of imminent death or serious bodily injury,
2) to the D or another, AND
3) D reasonably believed he was unable to avoid the harm by non-criminal conduct.

*Most states→duress defense is NOT available for intentional killings.

Question 44

M’Naghten Test

Answer 44

D is (a) unable to know the wrongfulness of his conduct, or (b) unable to understand the nature and quality of his acts.

Question 45

MPC Test

Answer 45

D was (a) unable to appreciate the criminality of his conduct, or (b) unable to conform his actions to the law.

Question 46

Irresistible Impulse Test

Answer 46

D’s mental illness made him (a) unable to control his actions, or (b) unable to conform his actions to the law.

Question 47

Durham Test

Answer 47

D’s unlawful conduct was the product of mental illness.

*Most states use the M’Naghten or MPC test.

Question 48

Non-deadly force Self-Defense

Answer 48

Is a complete defense to a crime.

Non-Deadly Force
→justified when
(1) D reasonably believes,
(2) that he’s in imminent danger of being harmed, AND
(3) the force used is proportional to the harm threatened.

Question 49

Deadly Force

Answer 49

→justified when
(1) D kills based on a reasonable belief,
(2) that he was in imminent danger of being killed (or suffering great bodily injury), AND
(3) the use of deadly force was necessary.

− Minority of States→D has a duty to retreat before deadly force may be used.

Question 50

D has no duty to retreat when:

Answer 50

(a) no opportunity to retreat;
(b) he could not retreat safely; or
(c) if attacked in his own home.

Question 51

An aggressor may only use force in self- defense if:

Answer 51

(a) he withdraws and communicates it; OR
(b) the other person escalates the fight with deadly force and withdrawal is not possible.

Question 52

Defense of Others

Answer 52

use same rule as self-defense.

Question 53

Imperfect Self-Defense

Answer 53

Mitigates murder to voluntary manslaughter when:
(1) D kills based on a good faith belief of self-defense,
(2) but such belief was unreasonable.

Question 54

Voluntary Intoxication

Answer 54

Ingesting an intoxicating substance by D’s own free will.

Not available if D becomes intoxicated in order to commit the crime (“liquid courage”).

− ONLY a defense to specific intent crimes.

Question 55

Involuntary Intoxication

Answer 55

A defense to all crimes.
-Arises when D was given an intoxicant without her knowledge or forced to consume an intoxicant.

An intoxicant is taken involuntarily if taken:
a) Without knowledge of its nature;
b) Under direct duress imposed by another person; or
c) Pursuant to medical advice without notice of its intoxicating effect.

Question 56

Mistake of Fact

Answer 56

→is a defense if it negates the mental state required for the crime.

Question 57

Mistake of Law

Answer 57

→generally NOT a defense

Question 58

MPC Kidnapping

Answer 58

abducting another person:
(a) for ransom;
(b) to facilitate a felony;
(c) to inflict bodily injury or terrorize; OR
(d) to interfere with a government/political function.