Criminal Law

Question 1

Battery (general intent)

Answer 1

Unlawful application of force to the person of another that results in bodily harm or offensive touching.

Question 2

Kidnapping (general intent)

Answer 2

Unlawful confinement of a person against their will, coupled with movement or hiding.

Question 3

False Imprisonment (general intent)

Answer 3

Unlawful confinement of a person without consent.

Question 4

Attempt (specific intent)

Answer 4

Specific intent to commit the crime and a substantial step towards committing the crime.

Question 5

Forgery (specific intent)

Answer 5

Making of a false writing with apparent legal significance and intent to defraud.

Question 6

Extortion (specific intent)

Answer 6

CL: Unlawful taking of money by government officer.

Modern: Use of a threat to obtain money or value.

Minority: Must actually obtain property to be guilty.

Question 7

Robbery (specific intent)

Answer 7

Larceny + from the person or presence of the victim through force or intimidation.

Larceny: Trespassory taking and carrying away the property of another with intent to deprive the owner permanently.

Question 8

False Pretenses (specific intent)

Answer 8

(i) obtaining title to the property; (ii) of another person; (iii) through the reliance of that person; (iv) on a known false representation of a material past or present fact; and (v) the representation is made with the intent to defraud.

Question 9

Embezzlement (specific intent)

Answer 9

Fraudulent conversion of the property of another by a person with lawful possession of the property.

Question 10

Larceny by Trick (specific intent)

Answer 10

Larceny + Fraud or Deceit and conversion.

Larceny: Trespassory taking and carrying away the property of another with intent to deprive the owner permanently.

Obtains possession - not title.

Question 11

Mental States

Answer 11

Purposely: Conscious objective to engage in conduct or cause certain result.

Knowingly/Willfully: Aware or knows result practically certain.

Recklessly: Conscious disregard of substantial unjustifiable risk. (MPC Default)

Negligently: Should be aware of substantial and unjustifiable risk that a material element of the crime exists or will result

Question 12

Conspiracy (specific intent)

Answer 12

Agreement between two or more people to accomplish an unlawful purpose with specific intent to accomplish that purpose.

Bilateral - CL: Need two or more to agree. CL does not require overt act.

MPC - Majority: Need only one to agree (other can feign). MPC also requires overt act in furtherance of conspiracy.

Question 13

Solicitation (specific intent)

Answer 13

Enticing, encouraging, requesting, or commanding another person to commit a crime with intent that the other person commits the crime.

Question 14

Bribery (specific intent)

Answer 14

Corrupt payment of something of value for the purpose of influencing the action of an official in the discharge of public or legal duties.

Question 15

Receiving Stolen Goods (specific intent)

Answer 15

Receiving control of stolen property with knowledge that property is stolen and intent to deprive the owner permanently.

Some Jx: Subjective knowledge
Modern: Inferred from facts that would alert reasonable person.

Question 16

Rape (general intent)

Answer 16

Unlawful sexual intercourse with a female against her will through force or threat of immediate force.

Question 17

Assault

Answer 17

An attempt to commit a battery (specific intent crime)

OR

Intentionally placing another in apprehension of imminent bodily harm (general intent)

Question 18

Common Law Murder

Answer 18

Unlawful killing of another person with malice aforethought.

Question 19

Malice Aforethought

Answer 19

(1) Intent to kill
(2) Intent to cause serious bodily injury
(3) Reckless disregard of a substantial and unjustifiable risk (depraved heart)
(4) During commission of inherently dangerous felony (BARRK)

BARRK includes: Burglarly, arson, robbery, rape, and kidnapping.

Question 20

Larceny (specific intent)

Answer 20

Trespassory taking and carrying away the property of another with intent to permanently deprive.

Question 21

Arson (malice)

Answer 21

Malicious burning of the dwelling of another.

Question 22

Burglary (specific intent)

Answer 22

Breaking and entering the dwelling of another at night with the intent to commit a felony therein.

Question 23

First Degree Murder

Answer 23

Deliberation and premeditation

Question 24

Second Degree Murder

Answer 24

All other murders (common law minus intent)

Question 25

Voluntary Manslaughter

Answer 25

Intentional killing. Mitigated first degree murder if heat of passion or imperfect self-defense.

Question 26

Involuntary Manslaughter

Answer 26

Unintentional killing (reckless [MPC] or negligence). Misdemeanor crimes and other felonies aside from BARRK.

Question 27

Criminal Offense Elements

Answer 27

Concurrent mens rea and actus rea and causation (“but for” and proximate - foreseeable-natural and probable consequence).