Criminal Law

Question 1

Specific intent crimes

Answer 1

solicitation, conspiracy, attempt, first degree murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

Question 2

Common law murder

Answer 2

unlawful killing of another human being with malice aforethought

Question 3

Intents required for common law murder

Answer 3

intent to kill, intent to inflict great bodily injury, reckless indifference to an unjustifiably high risk to human life, intent commit a felony

Question 4

Solicitation

Answer 4

asking, inciting, counseling, advising, urging, or commanding another to commit crime, with intent that person commit the crime

Question 5

Conspiracy

Answer 5

Agreement between two or more people with intent to enter into the agreement and intent to achieve the objective of conspiracy.

Some overt act required (preparation enough).

Question 6

Co-conspirator liability

Answer 6

Co-conspirator may be held liable for crimes by committed by other conspirators if the crimes were committed in furtherance of the objectives of the conspiracy and were foreseeable

Question 7

Withdrawal from conspiracy

Answer 7

Affirmative act that notifies all members of the conspiracy of their withdrawal, with time for members to abandon their plans.

Question 8

Attempt

Answer 8

act, done with intent to commit a crime, that falls short of completing it. Requires an specific intent and an overt act in furtherance of the crime

Question 9

Deliberate and premeditated first degree murder

Answer 9

Defendant made the decision to kill in a cool and dispassionate manner and actually reflected on idea of killing. Defendant must have acted with intent or knowledge that conduct would cause death.

Question 10

Felony murder

Answer 10

• Defendant committed or attempted to commit the underlying felony.
• Felony was distinct offense.
• Death was FORESEEABLE result of the felony.
• Death caused before defendant’s immediate flight from felony ended.

Question 11

Inherently dangerous felonies

Answer 11

Burglary, arson, rape, robbery, kdinapping

Question 12

Voluntary manslaughter

Answer 12

killing that would be murder but for adequate provocation

Question 13

Adequate provocation

Answer 13

• Would arouse SUDDEN AND INTENSE passion in the mind of an ordinary person
• defendant was in fact provoked,
• there was not sufficient time to cool off
• the defendant did not in fact cool off

Question 14

Involuntary manslaughter

Answer 14

killing with criminal negligence (recklessness under MPC) or during commission of an unlawful act

Question 15

Battery

Answer 15

unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

Question 16

Assault

Answer 16

either an attempt to commit a battery OR the intentional creation (other than by mere words) of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 17

Aggravated assault

Answer 17

Assault plus one of: the use of a deadly or dangerous weapon or intent to rape, maim, or murder

Question 18

Larceny

Answer 18

the taking and carrying away (asportation) of the tangible personal property of another by trespass with intent to permanently deprive

Question 19

False imprisonment

Answer 19

the unlawful confinement of a person without the person’s valid consent

Question 20

Embezzlement

Answer 20

the fraudulent conversion of the personal property of another by a person in lawful possession of that property

Question 21

False pretenses

Answer 21

obtaining title to the personal property of another by an intentional false statement of past or existing fact, with intent to defraud

Question 22

Larceny by trick

Answer 22

obtaining custody or possession to the personal property of another by an intentional false statement of past or existing fact, with intent to defraud

Question 23

Robbery

Answer 23

the taking of the personal property of another from their person or presence by force or threat of immediate death or physical injury (to victim, victim’s family, or some other person in the victim’s presence), with intent to permanently deprive

Question 24

Burglary

Answer 24

the breaking and entry into another’s dwelling at night, with intent to commit a felony therein

Question 25

False imprisonment

Answer 25

the unlawful confinement of a person without the person’s valid consent

Question 25

Forgery

Answer 25

the making or altering of a writing of apparent legal significance so that it is false, with intent to defraud.

Question 26

False imprisonment

Answer 26

the unlawful confinement of a person without the person’s valid consent

Question 27

Self-defense

Answer 27

defendant may use deadly force to protect against an imminent deadly attack. deadly force must be reasonable and necessary.

majority rule: NO DUTY TO RETREAT

Question 28

When the defendant is the initial aggressor, they cannot assert self defense unless:

Answer 28

1. the defendant initial aggressor withdraws.
2. the defendant initially used non-deadly force and the attacker is now using deadly force.
3. if safe retreat is available, the initial aggressor must retreat before using deadly force

Question 29

Defense of others

Answer 29

Defendant can use deadly force if reasonable and necessary to defend another.

Majority: defendant may defend others if victim reasonably appears to have right to use deadly force.

Question 30

Defense of property

Answer 30

Nondeadly force may be used against unlawful entry of dwelling. Deadly force not available to protect property.

Question 31

Insanity (M’Naghten)

Answer 31

Defendant, as a result of mental defect, did not know the wrongfulness of his act, or could not understand the nature and quality of his acts

Question 32

Insanity (irresistible impulse test)

Answer 32

Defendant, as a result of mental defect, was unable to control his conduct or conform his conduct to the law.

Question 33

Insanity (substantial capacity test)

Answer 33

Defendant lacked the substantial capacity to either appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law.

Question 34

Voluntary intoxication

Answer 34

voluntarily and knowingly consuming an intoxicating substance. defense against specific intent crimes only

Question 35

Involuntary intoxication

Answer 35

Defendant involuntarily or unknowingly consumes an intoxicating substance. defense to all crimes if intoxication renders defendant “insane” under applicable test.

Question 36

Mistake of fact

Answer 36

If defendant makes a REASONABLE mistake of fact or is ignorant of a fact that negates the required mental state, they are not guilty.

UNREASONABLE mistake of fact is only a defense to a specific intent crime.

Question 37

Mistake of law

Answer 37

No defense.

Question 38

Duress

Answer 38

Defendant’s crime, except intentional homicide, is excused if committed under threat of imminent death or great bodily harm.

Question 39

Crime prevention

Answer 39

Police officer or private person may use deadly force if reasonably necessary to prevent commission of dangerous felony or to apprehend dangerous felon

Question 40

Accomplice liability

Answer 40

In order to be convicted of substantive crime as an accomplice, they must have
- the intent to assist the principal AND
- the intent that the principal commit the substantive offense (applying intent of substantive crime).

Accomplices are responsible for crimes they did or counseled, and any other crimes committed in course of committing crime as long as they were PROBABLE or FORESEEABLE

Question 41

Accessory after the fact

Answer 41

A person who aids another to escape knowing that he has committed a felony is liable for a separate, lesser crime.

Question 42

Withdrawal from accomplice liability

Answer 42

A person who effectively withdraws BEFORE the crime becomes unstoppable cannot be held guilty as an accomplice.

• If the person encouraged the crime, they must REPUDIATE the encouragement.
• If they aided by providing assistance, they must do everything possible to ATTEMPT TO NEUTRALIZE
• notifying the police is always sufficient.