Criminal Law

Question 1

attempt

Answer 1

(i) specific intent to commit a crime
(ii) substantial step

Question 2

solicitation

Answer 2

(i) encouraging or urging another
(ii) to commit a crime
(iii) with the intent the party do so

Question 3

conspiracy

Answer 3

(i) agreement
(ii) intent to commit a crime
(iii) overt act (majority)

Question 4

common law murder (4 types)

Answer 4

intent to kill
intent to commit serious bodily harm
depraved-heart murder (reckless @ MPC)
felony murder

Question 5

voluntary manslaughter

Answer 5

murder committed in response to adequate provocation

Question 6

involuntary manslaughter

Answer 6

unintentional killing caused either by (a) criminal negligence or (b) during unlawful act (e.g., speeding)

Question 7

battery

Answer 7

unlawful force that causes harmful or offensive touching

Question 8

assault

Answer 8

attempted battery or intentionally placing one in apprehension of imminent bodily harm

Question 9

false imprisonment

Answer 9

(i) unlawful confinement (without consent)
(ii) by force or threat

Question 10

kidnapping

Answer 10

(i) confinement, without consent
(ii) by force or threat
(iii) by moving or hiding victim

Question 11

larceny

Answer 11

(i) trespassory taking (CL: and carrying away)
(ii) of personal property of another
(iii) with intent to permanently deprive

[MPC eliminated the carrying away requirement]

Question 12

robbery

Answer 12

(i) larceny
(ii) from another’s person or presence
(iii) by force or threat

Question 13

burglary

Answer 13

breaking and entering the dwelling of another at night with intent to commit a felony
[modern rule expands to “entering or remaining in a structure with intent to commit theft”]

Question 14

embezzlement

Answer 14

fraudulent conversion of property by one who has lawful possession

Question 15

false pretenses

Answer 15

fraudulently obtaining title to property, with intent to defraud (FIAT crime: Theft)

Specifically:
(i) obtaining title to the property;
(ii) of another person;
(iii) through the reliance of that person;
(iv) on a known false representation of a material past or present fact;
(v) the representation is made with the intent to defraud

Question 16

larceny by trick

Answer 16

fraudulently obtaining possession to property
__________________

(i) larceny
(ii) by fraud or deception
(iii) resulting in the conversion of another’s property
[note: victim delivers possession of, NOT TITLE to, property]

Question 17

forgery

Answer 17

making a false writing / with legal significance / with intent to defraud

Question 18

arson

Answer 18

(i) malicious
(ii) burning of
(iii) the dwelling / structure
(iv) of another

Question 19

perjury

Answer 19

(i) willfully
(ii) makes false statement
(iii) of a material matter
(iv) after promise to tell the truth

Question 20

receiving stolen goods

Answer 20

(i) receiving control of stolen property
(ii) knowing it is stolen
(iii) with intent to permanently deprive
[note: must know the goods are stolen upon receipt]

Question 21

M’Naghten defense

Answer 21

(i) due to a serious mental disease or defect
(ii) D did not know either (a) nature of act or (b) that it was wrong

Question 22

affirmative defenses to crimes

Answer 22

State of mind
——Insanity
——Intoxication
——Involuntary
——Mistake

Defense
——Of self
——Of others
——Of property

Necessity

Duress

Question 23

criminal negligence

Answer 23

— A grossly negligent action that puts another at significant risk of death or serious bodily injury
— more than ordinary tort negligence but less than depraved-heart murder