Criminal Law

Question 1

M’Naghten Test

Answer 1

D doesn’t know right from wrong
(did not know wrongfulness of conduct or understand the nature + quality of his act)

Question 2

Irresistible Impulse

Answer 2

D acted due to an irresistible impulse
(unable to control actions or conform conduct to the law)

Question 3

MPC Insanity

Answer 3

Combo of M’Naghten and Irresistible Impulse
(did not know criminality of conduct OR could not conform conduct to the law)

Question 4

Durham

Answer 4

But for mental illness, D would not have acted.

Question 5

Larceny Elements

Answer 5

(i) A taking;
(ii) And carrying away (asportation); (iii) Of tangible personal property;
(iv) Of another;
(v) By trespass;
(vi) With intent to permanently (or for an unreasonable time) deprive the person of his interest in the property

Question 6

When does a D have a defense to felony murder?

Answer 6

When he has a substantive defense to the underlying felony.

Question 7

Attempt Elements

Answer 7

1. the specific intent to perform an act and obtain a result, that, if achieved, would constitute a crime; and
2. an overt act in furtherance of the crime.

Question 8

Embezzlement Elements

Answer 8

(i) The fraudulent
(ii) Conversion
(iii) Of property
(iv) Of another
(v) By a person in lawful possession of that property.

Question 9

Does the opposing party have a right to examine a document that refreshes a witness’s memory?

Answer 9

Yes if it was used during testimony. And may be allowed to look at it if used before testimony but not required.