Criminal Law

Question 1

Homicide

Answer 1

1. Murder
2. Manslaughter

Question 2

CL Murder

Answer 2

1. Intent to kill (premeditated, specific intent)
2. intentionally inflicted bodily harm (no specific intent)
3. Felony (death occurs while in the course of dangerous felony.
   
   1. Dangerous felony: burglary, arson, rape, robbery, kidnapping)
4. Depraved heart (reckless disregard of human life - knew or should’ve known of the consequences. People present.)

Degrees are defined by statute

Question 3

Manslaughter

Answer 3

Voluntary:
a. Adequate provocation
b. heat of passion
c. No time to cool off
Involuntary: Negligent conduct causing death (no people. Didn’t know of consequences)

(NOT INTENT)

Question 4

Imperfect self-defense

Answer 4

• Use of excessive force
• Honest belief that it’s necessary
  = Voluntary manslaughter

Question 5

Parent neglecting a child

Answer 5

• Parent does not give care to child and child dies
  = Involuntary manslaughter

Question 6

Specific intent crimes

Answer 6

Students Can Always Fake A Laugh, Even for Ridiculous Bar Facts.
□ Solicitation, conspiracy, attempt, first degree premeditated murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, forgery

Question 7

Larceny

Answer 7

(even if puts it back. Larceny merges into robbery)
a. Trespassory taking (moving)
b. Carrying away
c. Personal property of another
d. With intent to permanently deprive
- Exceptions to larceny:
Continuing trespass: wrongful taking without permission. Later decides to steal

Question 8

Burglary

Answer 8

a. Breaking and entering (may be by fraud or force)
b. Dwelling of another
c. At night
d. With intent to commit a felony
i. Intent must be present at the moment of breaking
Felony does NOT have to be actually committed

Question 9

Robbery

Answer 9

(larceny merges into robbery)
a. Trespassory taking
b. Carrying away
c. Property of another
d. By force, intimidation, or fear

Question 10

Assault

Answer 10

1. intent to commit battery
2. Intent to place another in imminent fear of a harmful or offensive contact
   Words are NOT enough

Question 11

Larceny by trick

Answer 11

(one-way. Default, and then false pretense)
Obtain POSSESSION to property by false statement

Question 12

False pretense

Answer 12

(two-way transaction)
Obtain TITLE to property by false statement

Question 13

Embezzlement

Answer 13

1. Lawful possession of person property
2. Converted for own use

Question 14

Receiving stolen property

Answer 14

1. Physical possession of stolen property
2. Knowledge it was stolen
3. Intent to keep

Question 15

Forgery

Answer 15

(i.e., money)
1. Fraudulent making of false document
2. With legal significance
3. Intended wrongful use

Question 16

Accomplice liability

Answer 16

1. Specific intent to achieve crime
2. Aid or abet in the completion of the crime
   Also guilty of ALL crimes completed

Question 17

Accessory before the fact

Answer 17

like accomplice liability but not present at the scene of crime

Question 18

Accessory after the fact

Answer 18

1. felony was completed
2. Knowledge of the completed crime
3. Aids to avoid arrest or conviction

Question 19

General Intent Crimes

Answer 19

(unless statute says otherwise)
- No specific intent required, the act itself is enough
1. Battery: unlawful application of force
2. Arson: malicious/reckless burning of the dwelling of another
- Statute will provide modern trend (non-CL) arson
3. Rape
1. Unlawful sexual intercourse
2. By a male with a female
3. Without consent
4. Kidnapping: unlawful restraint of a person’s freedom by force

Question 20

Inchoate crimes

Answer 20

attempt, conspiracy, solicitation

incomplete crimes

Question 21

attempt

Answer 21

(i.e. attempted murder is NOT about murder it’s about ATTEMPT)
1. Intent to commit the crime
2. Overt act/substantial step
- Attempt merges into the completed crime and you are only guilty of underlying crime
- You cannot withdraw after substantial step

Question 22

Conspiracy

Answer 22

1. Two or more people
2. Specific intent to commit crime
3. Agreement
   - MPC - unilateral theory of conspiracy: only one person has to agree
   - Co-conspirator liability: liable for all crimes committed in furtherance of conspiracy
   - Does not merge. Guilty of both conspiracy and underlying crime
   - Withdrawal:
   § cannot withdraw from conspiracy
   § can withdraw from other crimes by timely notice before crime to co-conspirator

Question 23

Solicitation

Answer 23

Encourage, urge, entice another to commit a crime
Merges into the completed crime
Cannot withdraw

Question 24

Defenses

Answer 24

insanity, intoxication, mistake, impossibility, entrapment, duress, self-defense, defense of property, defense of opthers

Question 25

insanity

Answer 25

M'Naghten test: 1. mental disease 2. Cannot appreciate "nature and quality" of action 3. Cannot understand what you are doing is wrong Insanity - MPC: D lacked "substantial capacity" to appreciate criminal conduct Insanity defense - standard of proof in fed court: clear and convincing evidence

Question 26

Intoxication

Answer 26

1. Voluntary § Voluntarily getting drunk § Defense to specific intent crime 2. Involuntary § Intoxication without knowledge/consent Defense to ALL crimes

Question 27

Mistake

Answer 27

1. specific intent crime § Reasonable AND unreasonable mistake is a defense 2. general intent crime § Reasonable mistake ONLY is a defense (will use word mistake)

Question 28

Impossibility

Answer 28

1. Legal: ALWAYS a defense. Elements for crime were not met. 2. Factual: NEVER a defense. Elements of the crime were met.

Question 29

Entrapment

Answer 29

1. Law enforcement creates criminal activity 2. D is not predisposed (not familiar) to commit crime

Question 30

Duress

Answer 30

Reasonable belief of threat of great bodily harm or death NEVER defense to MURDER

Question 31

Self-defense

Answer 31

1. reasonable belief of imminent danger of bodily harm 2. Return the same level of force 3. Deadly force only allowed for deadly force

Question 32

Defense of others

Answer 32

1. Reasonable belief a third party is in imminent danger 2. Return the same level of force

Question 33

Defense of property

Answer 33

1. Reasonable force to defend property 2. Never deadly force unless fear of being killed