Criminal Law

Question 1

First degree murder is a ______ crime; common-law murder is a _______ crime

Answer 1

specific intent, malice

Question 2

For a specific-intent crime, _____ mistakes of fact can be a defense. For a general intent crime, _____ mistakes of fact can be a defense

Answer 2

all; only reasonable

Question 3

True or False: Duress is a defense to all crimes except intentional murder

Answer 3

True

Question 4

Necessity is a defense available in response to ______

Answer 4

natural force

Question 5

True or False: General intent crimes require only the intent to perform the act that is unlawful.

Answer 5

True

Question 6

What is the M’Naghten test?

Answer 6

The M’Naghten test requires that a defendant did not know either the nature of his act or that it was wrong.

Question 7

What is the Model Penal Code test?

Answer 7

The Model Penal Code test requires that a defendant did not have substantial capacity to appreciate the wrongfulness of his act or to conform his conduct to the law.

Question 8

True or False: Attempt is a malice crime if the targeted crime is a malice crime.

Answer 8

False

Question 9

True or False: For battery, the application of force requires an actual physical connection between the defendant and the victim.

Answer 9

False

Question 10

True or False: Solicitation does not merge into the completed offense.

Answer 10

False

Question 11

If an individual is charged with a felony, which of the following proceedings does NOT constitute a critical proceeding to which the Sixth Amendment applies?

1) A discretionary appeal
2) A post-indictment interrogation related to the crime
3) A proceeding to enter a guilty plea
4) An evidentiary hearing

Answer 11

A discretionary appeal

Question 12

True or False: If a defendant’s lawyer is trying to reach the defendant, the police must stop questioning and inform the defendant his lawyer is waiting

Answer 12

False

Question 13

If a defendant wishes to plead guilty, what is NOT a consequence that the judge must inform the defendant he may suffer?

Answer 13

Inability to receive public housing

Question 14

True or False: The death penalty may be imposed on a defendant who was 17 at the time of the offense, so long as he is over 18 at the time of execution.

Answer 14

False

Question 15

True or False: A prosecutor may not comment at trial on a defendant’s pre-Miranda silence in response to police questioning.

Answer 15

False

Question 16

True or False: In describing items to be seized, it is sufficient to refer in general to fruits, instrumentalities, and evidence of a particular crime.

Answer 16

False

Question 17

Which of the following is NOT a valid exception to the Exclusionary Rule?

1) Inevitable discovery
2) Attenuation of the causal chain
3) Administrative necessity
4) Independent source rule

Answer 17

Administrative necessity

Question 18

What is an accomplice liable for?

Answer 18

1) The crime for which he/she provided encouragement or assistance and 2) other crimes committed by the principal that were a natural and probable consequence of the accomplice’s conduct

Question 19

What are the mental states required for malice aforethought?

Answer 19

• Intent to kill
• Intent to inflict serious bodily injury
• Reckless disregard of an obvious or unjustifiably high risk of causing death or serious bodily injury (depraved heart murder)
• Intent to commit an inherently dangerous felony (felony-murder rule)

Question 20

What are the inherently dangerous felonies?

Answer 20

BARRK: Burglary, Arson, Rape, Robbery, Kidnapping

Question 21

What is robbery?

Answer 21

Larceny from the victim’s person or presence by force (battery) or intimidation (assault)

Question 22

How is common-law arson defined?

Answer 22

The malicious (intentional or reckless) burning of another’s dwelling. *Mere scorching of the walls, smoke damage, and burning of the dwelling’s contents are insufficient to support a common-law arson conviction.

Question 23

How is common-law burglary defined?

Answer 23

The unlawful breaking and entering of another’s dwelling at nighttime with the specific intent to commit a felony therein. The requisite intent must exist at the time of entry

Question 24

Define larceny

Answer 24

The unlawful taking and carrying away of another’s personal property with the specific intent to permanently deprive the owner of that property

Question 25

Define conspiracy under the common law

Answer 25

1) An agreement between two or more persons to accomplish an unlawful purpose 2) with the specific intent to accomplish that purpose. The common law follows the bilateral approach which requires proof of at least two guilty minds. (A defendant cannot be convicted of this crime if the other alleged conspirator merely feigned agreement)

Question 26

Define solicitation

Answer 26

1) the enticing, encouraging, requesting, or commanding of another person to commit a crime 2) with the specific intent that the other person commit the crime

Question 27

Murder at common law

Answer 27

The unlawful killing of a human being committed with malice aforethought

Question 28

When does malice aforethought exist?

Answer 28

If the defendant acts with any of the following mental states: 1) intent to kill, 2) intent to inflict serious bodily injury, 3) reckless indifference to an unjustifiably high risk to human life, or 4) intent to commit a felony

Question 29

Define voluntary manslaughter

Answer 29

Murder committed in response to adequate provocation (i.e. in the “heat of passion”)

Question 30

Define involuntary manslaughter

Answer 30

An unintentional homicide committed 1) with criminal negligence or 2) during an unlawful act

Question 31

Define criminal negligence

Answer 31

A grossly negligent action (or inaction when there is a duty to act) that puts another person at a significant risk of serious bodily injury or death

Question 32

Explain impossibility

Answer 32

Impossibility is not a valid defense to attempt if the crime attempted is factually impossible to commit due to circumstances unknown to the defendant. If, however, the act intended is not a crime (i.e., a legal impossibility), then the defendant is not guilty of attempt.