Criminal Law

Question 1

Larceny

Answer 1

(i) taking (obtaining control or possession) and carrying away (the slightest movement is sufficient) of tangible personal property of another; (ii) without consent (against the victim’s free will, which includes duress because duress negates consent); and (iii) with the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the taking)

Question 2

Burglary

Answer 2

(i) a breaking (ii) and entry (iii) of the dwelling (iv) of another (v) at nighttime (vi) with the intent of committing a felony

Question 3

MPC Purposely

Answer 3

conscious objective to engage in act or cause a certain result [subjective standard]

Question 4

MPC Knowingly

Answer 4

as to nature of conduct: aware of the nature of conduct or that certain circumstances exist; as to result: knows that conduct will necessarily or very likely cause result [subjective standard]

Question 5

MPC Recklessly

Answer 5

conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care [subjective standard]

Question 6

MPC Negligently

Answer 6

failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care [objective standard]

Question 7

Withdrawal is an affirmative defense to accomplice liability if:

Answer 7

prior to crime’s commission defendant: (a) if encouraged crime, repudiated encouragement; (b) if provided material, did everything possible to attempt to neutralize the assistance; or (c) notified police/otherwise act to prevent crime

Question 8

Specific Intent Crimes Mnemonic

Answer 8

Students Can Always Fake A Laugh Even For Ridiculous Bar Facts

Question 9

CL Principals in the first degree

Answer 9

persons who actually engaged in the act or omission that constitutes the offense or who caused an innocent agent to do so

Question 10

CL Principals in the second degree

Answer 10

persons who aided, advised, or encouraged the principal AND were present at the crime

Question 11

CL Accessories before the fact

Answer 11

persons who assisted or encouraged but were not present

Question 12

CL Accessories after the fact

Answer 12

persons who, with knowledge that the other committed a felony, assisted them to escape arrest or punishment

Question 13

In order to be convicted of a substantive crime as an accomplice, the accomplice must have:

Answer 13

(1) the intent to assist the principal in the commission of a crime and (2) the intent that the principal commit the substantive offense

Question 14

(Accomplice liability) When the substantive offense has recklessness or negligence as its mens rea, most jurisdictions would hold that the intent element is satisfied if the accomplice:

Answer 14

(1) intended to facilitate the commission of the crime and (2) acted with recklessness or negligence (whichever is required by the particular crime)

Question 15

Conspiracy

Answer 15

(1) an agreement between two or more persons; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement; object of conspiracy must be criminal or the achievement of the lawful object by criminal means

Question 16

Solicitation

Answer 16

Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime [not necessary that person solicited agree to commit the crime]O

Question 17

Overt Act “proximity” test

Answer 17

requires the act be “dangerously close” to successful completion of the crime

Question 18

Overt Act “substantial step” test

Answer 18

requires that the act or omission constitute a substantial step in a course of conduct planned to culminate in the commission of the crime that strongly corroborates the actor’s criminal purposes

Question 19

CL Murder

Answer 19

the unlawful killing of a human being with malice aforethought

Question 20

Malice aforethought possible states of mind

Answer 20

(i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life [“abandoned and malignant heart” or “depraved heart”]; or (iv) intent to commit a felony [felony murder]

Question 21

Proximate cause felony murder theory

Answer 21

felons are liable for the deaths of innocent victims caused by someone other than a co-felon

Question 22

Agency felony murder theory

Answer 22

killing must be committed be a felon or their agent [i.e., accomplice] with limited exception in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place for felon to be liable for their death

Question 23

Battery

Answer 23

an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching; need not be intentional, and force need not be applied directly; general intent crime

Question 24

Assault

Answer 24

Either (1) an attempt to commit a battery or (2) the intentional creation other than by mere words of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 25

False Imprisonment

Answer 25

the unlawful confinement of a person without the person’s valid consent; MPC requires that confinement “interfere substantially” with victim’s liberty

Question 26

Kidnapping

Answer 26

unlawful confinement of a person that involves either (1) some movement of the victim, or (2) concealment of the victim in a “secret” place

Question 27

Embezzlement

Answer 27

the fraudulent conversion (dealing with the property in a manner inconsistent with the arrangement by which defendant has possession) of personal property of another by a person in lawful possession of that property

Question 28

False Pretenses

Answer 28

obtaining title to personal property of another by an intentional false statement of a past or existing fact

Question 29

Robbery

Answer 29

a taking of personal property of another from the other person’s person or presence (including anywhere in their vicinity) by force or threats of immediate death or physical injury to the victim, a family member, or some person in the victim’s presence with the intent to permanently deprive them of it

Question 30

Extortion (under modern statutes)

Answer 30

obtaining property by means of threat to do harm or to expose information

Question 31

Receipt of stolen property

Answer 31

receiving possession and control of “stolen” personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive the owner of their interest in it

Question 32

Forgery

Answer 32

making or altering (by drafting, adding, or deleting) a writing with apparent legal significance so that it is false [that is, representing that it is something it is not, not merely containing a misrepresentation] with intent to defraud [no one need actually have been defrauded]

Question 33

CL Burglary

Answer 33

a breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure [felony need not be carried out to constitute burglary]

Question 34

Arson

Answer 34

the malicious [intentional, or with reckless disregard of an obvious risk] burning [requires some damage to the structure caused by fire] of the dwelling of another

Question 35

M’Naghten Rule

Answer 35

defendant entitled to acquittal if: (1) a disease of the mind; (2) caused a defect of reason; (3) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions

Question 36

Irresistible Impulse Test

Answer 36

defendant is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law

Question 37

MPC Insanity Test

Answer 37

defendant is entitled to acquittal if they had a mental disease or defect, and, as a result, they lacked the substantial capacity to either: (1) appreciate the criminality of their conduct, or (2) conform their conduct to the requirements of law

Question 38

CL Infancy

Answer 38

Under 7: no criminal liability; Ages 7 - 14: rebuttable presumption that child was unable to understand wrongfulness of their acts; Age 14+: treated as adult

Question 39

Self-Defense: Nondeadly Force

Answer 39

a person without fault may use such force as the person believes is necessary to protect themself from the imminent use of unlawful force upon themself; no duty to retreat

Question 40

Self-Defense: Deadly Force

Answer 40

a person may use deadly force in self-defense if the person (1) is without fault; (2) is confronted with “unlawful force”; (3) reasonably believes that they are threatened with imminent death or great bodily harm

Question 41

Aggressor Self-Defense Rights

Answer 41

aggressors may use force in defense of themself only if: (i) they effectively withdraw from the confrontation and communicate to the other their desire to do so; or (ii) the victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw

Question 42

Entrapment

Answer 42

exists only if: (1) the criminal design originated with law enforcement officers, and (2) the defendant was not predisposed to commit the crime prior to contact by the government [merely providing an opportunity for a predisposed person to commit a crime is not entrapment]

Question 43

Perjury

Answer 43

intentional taking of a false oath [lying] in regard to a material matter [one that might affect the outcome of the proceeding] in a judicial proceeding

Question 44

Specific Intent Crimes

Answer 44

Solicitation, Conspiracy, Attempt, First degree premeditated murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery

Question 45

Malice

Answer 45

Crimes: CL murder and arson; intent = reckless disregard of an obvious or high risk that the particular harmful result will occur