Criminal Law

Question 1

Intent to Kill

Answer 1

Murder. You intend to kill another person and you do

Question 2

Intent to inflict serious bodily injury

Answer 2

Murder. Your intent is to seriously hurt someone but they end up dying

Question 3

Felony murder

Answer 3

Murder. Someone is killed in the course of you committing a dangerous felony
B-burglary
A-arson
R-Robbery
R-rape
K-kidnapping

Question 4

Depraved heart murder

Answer 4

Murder. Reckless disregard for human life. No intent to kill.

Question 5

Voluntary manslaughter

Answer 5

Adequate provocation, in the heat of passion, no cooling off period. NO INTENT

Question 6

Involuntary manslaughter

Answer 6

Negligent killing of another– no intent

Question 7

What is the difference between depraved heart murder and involuntary manslaughter?

Answer 7

Depraved heart murder = reckless (people are around)
Involuntary manslaughter = negligent (no people are around)

Question 8

List the inchoate crimes

Answer 8

Attempt, Conspiracy, Solicitation

Question 9

Attempt

Answer 9

Intent to commit a crime and an overt act or substantial step toward completing the crime

Question 10

Conspiracy

Answer 10

Two or more people agree to commit a crime with the specific intent that they do (at least TWO PPL need INTENT)

Question 11

MPC Unilateral Conspiracy

Answer 11

Only one person needs to have intent to be guilty of conspiracy

Question 12

Co-conspirator rule

Answer 12

Any crime committed by one co-conspirator, the other co-conspirator will be guilty whether they committed it themselves or not, so long as they are in furtherance of the conspiracy

Question 13

Withdrawal

Answer 13

you cannot withdraw from the crime of conspiracy BUT you can withdraw from other crimes that flow from the conspiracy so long as you give notice to your co-conspirator or the police prior to the crime being committed

Question 14

solicitation

Answer 14

the offering, encouraging, enticing, motivating another person to commit a crime with the intent that they do so

Question 15

Burglary

Answer 15

The breaking and entering a dwelling of another, at night, with the intent to commit a felony

Question 16

Larceny

Answer 16

Trespassory taking of personal property with the intent to personally deprive

Question 17

Robbery

Answer 17

intentional taking of personal property by force or intimidation

Question 18

assault

Answer 18

intent to commit a battery or place another in imminent apprehension (words alone are never enough)

Question 19

larceny by trick

Answer 19

taking possession by misrepresenting a fact

Question 20

false pretenses

Answer 20

taking title by misrepresenting a fact

Question 21

embezzlement

Answer 21

the lawful possession of personal property that you convert to your own use

Question 22

accomplice liability/accessory before the fact

Answer 22

aiding and abetting another achieve the crime
knowledge alone isn’t enough–need to be doing something to help them complete the crime

Question 23

accessary after the fact

Answer 23

one knows that a crime has been completed and they do something to her another evade arrest or prosecution
—the reason they are helping them is to evade arrest/prosecution!!!

Question 24

battery

Answer 24

unlawful application of force
no intent

Question 25

arson

Answer 25

malicious burning of the dwelling of another
no intent
dwelling can be a business

Question 26

rape

Answer 26

no intent needed– if they are underage, no matter what you think or if they consent, you are guilty

Question 27

kidnapping

Answer 27

no intent needed–if the kid is in the car, you are guilty of kidnapping

Question 28

voluntary intoxication

Answer 28

only a defense to specific intent crimes (bc it negates the requisite intent)

Question 29

insanity
(4 tests)

Answer 29

1) Mc’Naghten test– D must prove:
- mental illness
- illness prevented them from appreciating the nature and quality of their act
- they do not believe their actions are criminal

Question 30

mistake

Answer 30

specific intent crimes –> any mistake is a defense
general intent crimes –> only a reasonable mistake is a defense

Question 31

legal impossibility

Answer 31

ALWAYS A DEFENSE
No matter what you did, it is legally impossible for you to be guilty of a crime because the elements are not met

Question 32

factual impossibility

Answer 32

NEVER A DEFENSE
Doesn’t matter what you thought, you are guilty of the crime because all of the elements are met

Question 33

arson

Answer 33

malicious burning of the dwelling of another

malicious = recklessness or intent
malice is the intent required for arson* it is NOT specific intent

Question 34

doctrine of transferred intent

Answer 34

You intend to cause a harmful result to a particular person or object but accidentally cause the same or similar harm to a different person or object

**NOTE: it does not apply to attempt crimes