Criminal Law

Question 1

Homicide-Murder

Answer 1

The unlawful killing of a person with malice aforethought.
Malice Aforethought:
a) an intent to kill;
b) an intent to inflict great bodily injury;
c) a reckless disregard of an extreme risk to human life;
OR
d) an intent to commit a felony under the felony murder rule.

Question 2

Inchoate Crimes-Attempt

Answer 2

Defendant:
1) had the specific intent to commit a crime;
AND
2) took an over act sufficiently beyond mere preparation (substantial step)

Question 3

Theft Crimes

Answer 3

Larceny
Embezzlement
Receiving Stolen Property
Robbery
Burglary
Extortion

Question 4

Homicide-Felony Murder

Answer 4

All participants are guilty of a murder if a person is killed while the participants are committing or attempting to commit a felony

Question 4

Inchoate Crimes-Conspiracy

Answer 4

Specific Intent Crime
Requires
1) an express or implied agreement between two or more people;
2) intent to enter into the agreement;
3) intent to pursue an unlawful objective
AND
4) the commission of an overt act in furtherance of the unlawful objective

Question 4

Homicide-Voluntary Manslaughter

Answer 4

An intentional killing of a person WITHOUT malice aforethought.
Adequate Provocation is established if:
1) the defendant was provoked;
2) a reasonable person would have been provoked;
3) there was not enough time to cool off before the killing;
AND
4) the defendant did not cool off before the killing.

Question 4

Homicide-Involuntary Manslaughter

Answer 4

The unintentional killing of a person committed:
a) recklessly;
b)misdemeanor-murder;
c) during a non-dangerous felony;
OR
d) criminal negligence