Criminal Law

Question 1

Larceny

Answer 1

(1) TRESPASSORY taking/carrying away
(2) TANGIBLE property of another
(3) INTENT to permanent deprive

Question 2

Embezzlement

Answer 2

(1) Fraudulent conversion
(2) Of property of another
(3) By someone in LAWFUL POSSESSION of it

Question 3

False Pretenses/Larceny By Trick

Answer 3

(1) TITLE/POSSSESSION
(2) PROPERTY of another
(3) INTENTIONAL or KNOWING false statement of PAST/EXISTING fact
(4) INTENT to defraud

Question 4

Robbery

Answer 4

(1) TAKING of personal property
(2) FROM person/presence
(3) by FORCE or THREAT of it
(4) INTENT to deprive

Question 5

Receipt of Stolen Property

Answer 5

(1) D receives possession/control of stolen property
(2) KNOWS it was stolen
(3) INTENT to deprive

Question 6

Forgery

Answer 6

(1) Making or altering false writing
(2) of LEGAL significance
(3) With INTENT to defraud

Question 7

Extortion

Answer 7

(1) Obtaining property of value
(2) By oral/written threats

Question 8

Burglary

Answer 8

(1) Breaking
(2) Entering
(3) Dwelling of another
(4) Nighttime
(5) Intent to commit felony inside

Question 9

Arson

Answer 9

Malicious burning of the dwelling of another

Question 10

Criminal Assault

Answer 10

(1) Attempt to commit a battery OR
(2) Intent to create, NOT by words, a reasonable apprehension of imminent bodily harm

Question 11

Criminal Battery

Answer 11

(1) Unlawful application of direct/indirect force
(2) To Person of another
(3) Resulting in
(4) Bodily injury or offensive touching

Question 12

Aggravated Battery

Answer 12

Child, Woman, or Police Officer

Question 13

Mayhem

Answer 13

Dismemberment or disablement of body part

Question 14

Kidnapping

Answer 14

(1) Confinement of person
(2) Involves Movement OR concealment in SECRET place

Question 15

Aggravated Kidnapping

Answer 15

Purpose:
(1) Ransom
(2) Commit other crimes
(3) Offfensive (sexual offense)
(4) Child Stealing

Question 16

Rape

Answer 16

(1) Unlawful carnal knowledge (NO CONSENT - force, threat, cant consent)
(2) Of a woman
(3) By a man not husband

Modern statutes eliminate (3)

Question 17

Statutory Rape

Answer 17

(1) Carnal knowledge of person UNDER statutory age of consent
(2) Strict Liability - ALL that matters is age, not knowledge or consent

Question 18

2nd Degree Murder

Answer 18

(1) unlawful killing (NO justification, causation implied)
(2) with malice aforethought
- intent to kill/inflict injury
- reckless indifference
- felony murder

Question 19

Felony Murder

Answer 19

(1) ANY felony that is independent of the killing
(2) If Co-felon is killed by victim/police
— Maj: NOT felony murder || Min: YES felony murder

Question 20

CA Felony Murder

Answer 20

ONLY IF:
(1) Attempts, commits, or participates in felony and
(2) DIRECTLY kills, or aids or abets in killing, or
(3) On-duty police officer is killed in course of felony

Question 21

1st Degree Murder

Answer 21

PREMEDITATION: act committed after BRIEF period of reflection

DELIBERATION: cool & dispassionate

Question 22

Voluntary Manslaughter

Answer 22

(1) Intentional killing of human
(2) Adequate provocation
– Provocation would arise sudden and intense passion in ord person
– D is provoked subj)
– Insufficient time to cool down (obj)
– D did not cool off (subj)

Question 23

Involuntary Manslaughter

Answer 23

(1) Criminal Neglignece OR
(2) Killing caused by unlawful act NOT felony

Question 24

Attempt

Answer 24

(1) INTENT to commit SPECIFIC Crime and
(2) Overt act in furtherance of crime

Question 25

Solicitation

Answer 25

(1) D urges or commands another person to commit a crime
(2) w/ INTENT that the crime be
committed by that person

Question 26

Accomplice Liability

Answer 26

(1) D ENCOURAGES or ASSISTS
(2) another person who commits a crime
(3) with the INTENT to PROMOTE or FACILITATE the commission of the cRIME

LIABLE FOR ALL FORESEEABLE ACTS/CRIMES

Question 27

Conspiracy

Answer 27

(1) An AGREEMENT between 2 or MORE persons to commit a crime;
(2) an INTENT to enter into the agreement
(3) an intent to achieve the objective of the agreement.

Members of conspiracy liable for all acts of
other co-conspirators that are FORESEEABLE and “in furtherance” of
conspiracy - necessary to accomplish goal.

Question 28

Accessory after the Fact

Answer 28

(1) receives, relieves, comforts or assists another, knowing that he has committed a felony

(2) to help escape arrest, trial, or conviction

Question 29

Self Defense

Answer 29

May use deadly force if:
(1) WITHOUT fault (did not initiate the assault or provocation);
(2) he is CONFRONTED with unlawful force; and
(3) he REASONABLY believes he is threatened with imminent death or GBH

Maj: No Duty to retreat || Min: Duty to retreat IF can be done in safety

Question 30

Imperfect Self Defense

Answer 30

(1) Unreasonable belief
(2) mitigates to voluntary manslaughter

Question 31

Defense of Others

Answer 31

Must reasonably believe the other person is
(1) legally entitled to use force and
(2) may ONLY use reasonable force to prevent it.

Question 32

Necessity

Answer 32

(1) Reasonable belief that
(2) Criminal condcut was NECESSARY to
(3) Avoid greater harm to society

(never death tho)

Question 33

Duress

Answer 33

(1) Threat
(2) D REASONABLY believes threatens death or GBH
(3) Not a defense to homicide crimes

Question 34

Mistake of Fact

Answer 34

(1) REASONABLE
(2) Negates Mental State

Question 35

Intoxication

Answer 35

Voluntary - ONLY a defense to specific intent (attempted, 1st degree)

Involuntary - defense to both general and specific (treat like insanity)