Criminal Law

Question 1

Elements of Battery

Battery

Answer 1

ELEMENTS:
* unlawful application of force
* to the person of another
* resulting in bodily injury or offensive touching

i.e., a completed assault

Question 2

Larceny

Answer 2

ELEMENTS:
* taking - obtainig control or possession
* carrying away - slightest movement will suffice
* without consent - .ie., by trespass
* intent to permanantly disposses - must exisit during taking
~continuing trespass - when one borrows property with intent to return it, but later keeps it; larceny arises at the moment D decides not to return

Question 3

Justification Defenses for Criminal Acts

Answer 3

• Necessity
• Self-defense
• Defense of others
• Defense of property
• Law enforcement
• Resisting arrest
• Crime prevention

Question 4

Justification Defenses for Criminal Acts

Use of Force to Prevent Crime

Answer 4

Crime Prevention–i.e., using force to prevent a crime from occurring
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Permissible level of force depends on seriousness of crime!
* DEADLY force = permissible to prevent commission of a serious felony involving imminent death or serious bodily harm
* NONDEADLY force = permissible to prevent commission of a lesser felony or a breach-of-the-peace misdemeanor

Question 5

Excuse Defenses for Criminal Acts

Answer 5

• Mistake of Fact
• Mistake of Law
• Intoxication
• Insanity
• Duress
• Entrapment

Question 6

Excuse Defenses for Criminal Acts

Mistake of Law

Answer 6

lacking awareness or knowledge that an act constitutes a crime, even if reasonable is **NOT GENERALLY A DEFENSE **
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Exceptions [VERY RARE]:
(a) reasonable reliance on invalid statute
(b) mistake or ignorance negates an elemnt of a crime requiring knowledge of the law

Question 7

Excuse Defenses for Criminal Acts

Mistake of Fact

Answer 7

available as defense ONLY IF mistake negates a requisite intent element
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
* Specific intent
–> any mistake of fact (reasonable or unreasonable) is a defense
* General intent & malice
–> only reasonable mistake of fact is a defense
* Strict liability (i.e., no intent)
–> NEVER a defense

Question 8

Inchoate Offenses

What IS a defense to attempt?

Answer 8

legal impossibility

Question 9

Inchoate Crimes

What IS NOT a defense to attempt?

Answer 9

• factual impossibility
• abandonment––under the marjoirty rule, liability for attempt arises once D commits an overt act concurrently with the specific intent to commit a crime
  (i.e., D is liable for attempt before he can abandon the crime)