Criminal Law

Question 1

Generally, a state has jurisdiction over a crime if:

Answer 1

• Any act constituting an element of the offense was committed in the state
• An act outside the state caused a result in the state
• The crime involved the neglect of a duty imposed by the law of the state
• There was an attempt or conspiracy outside the state plus an act inside the state, or
• There was an attempt or conspiracy inside the state to commit an
  offense outside the state

Question 2

Can multiple states have jurisdiction over the same crime?

Answer 2

Yes!

Question 3

At common law (TRADITIONAL = not modern rule), if a person engaged in conduct constituting both a felony and a misdemeanor, they could be convicted of ____

Answer 3

only the felony. (The misdemeanor merged into the felony)

Question 4

Generally, there is ____ merger of crimes in modern American law.

Answer 4

no

Question 5

A person who solicits another to commit a crime may be convicted of ____

Answer 5

Only the completed crime (if the person
solicited does complete it).

Question 6

A person who completes a crime after attempting it may be convicted of ___

Answer 6

only the completed crime.

Question 7

Conspiracy, ___ merge with the completed offense.

Answer 7

does not

Question 8

Under the M.P.C., a defendant may not be convicted ____ inchoate crime when their conduct was designed to culminate in the commission of the same offense.

Answer 8

of more than one (that is, attempt, conspiracy, or solicitation)

Question 9

Once the person solicited agrees tot commit the crime they may only be convicted of ___.

Answer 9

conspiracy, solicitation merges into the crime of conspiracy.

Question 10

A court can impose multiple punishments at a single trial where the punishments are for two or more statutorily defined offenses specifically intended by the legislature to carry ____, even though the offenses arise from the same transaction and constitute the same crime.

Answer 10

separate punishments

Question 11

Felonies are generally punishable by ____; other crimes are misdemeanors.

Answer 11

death or imprisonment for more than one year

Question 12

A crime almost always requires proof of:

Answer 12

• A physical act (actus reus)
• A mental state (mens rea), and
• A concurrence of the act and mental state

Question 13

To satisfy the physical act requirement: A defendant must have ___

Answer 13

either performed a voluntary physical act or failed to act under circumstances imposing a legal duty to act.

Question 14

An act is a ____

Answer 14

bodily movement.

Question 15

Bodily movements that do not qualify for criminal liability include:

Answer 15

• Conduct that is not the product of the person’s own volition
• A reflexive or convulsive act
• An act performed while unconscious or asleep

Question 16

The failure to act gives rise to liability only if:

Answer 16

• There is a legal duty to act
• The defendant has knowledge of the facts giving rise to the duty to act; and
• It is reasonably possible to perform the duty

Question 17

A legal duty to act can arise from one of five circumstances:

Answer 17

(1) By statute (for example, the requirement to file a tax return)
(2) By contract (for example, a lifeguard or nurse has a legal duty to act)
(3) Status relationship between the parties (for example, a parent/ spouse has a duty to protect a child/spouse from harm)
(4) The voluntary assumption of care by the defendant for the victim
-> Note, there is no general Good Samaritan law requiring
people to help others in trouble.
(5) The defendant created the peril for the victim

Question 18

Criminal statutes that penalize the possession of contraband generally require ____

Answer 18

only that the defendant have control of the item for a long enough period to have an opportunity to terminate the possession

Question 19

Possession ____ to be exclusive to one person, and possession also may be ____ meaning that actual physical control does not need to be proved when the contraband is located in an area within the defendant’s “dominion and control.”

Answer 19

does not need; “constructive,”

Question 20

For possession absent a state of mind requirement in the statute, the defendant must be ____. However, many statutes add a state of mind element (for example, “knowingly”) to possession crimes. Under such statutes, the defendant ordinarily must know ____

Answer 20

aware of their possession of the contraband, but they need not be aware of its illegality; the identity or nature of the item possessed.

Question 21

For possession crimes that require the person know of the nature of the goods, a defendant may not ____

Answer 21

consciously avoid learning the true nature of the item possessed; knowledge may be inferred from a combination of suspicion and indifference to the truth.

Question 22

The existence of a specific intent cannot be conclusively imputed from the mere ___, but the ____ may provide
circumstantial evidence of intent.

Answer 22

doing of the act; manner in which the crime was committed

Question 23

Mnemonic for specific intent crimes

Answer 23

Students can always fake a laugh even for ridiculous bar facts

Question 24

The specific intent crimes

Answer 24

• Solicitation
• Conspiracy
• Attempt
• First degree pre-meditated murder
• Assault
• Larceny
• Embezzlement
• False pretenses
• Robbery
• Burglary
• Forgery

Question 25

Attempt is a specific intent crime—even
when ____

Answer 25

the crime attempted is not.

Question 26

The importance of specific intent crimes is that they will qualify for additional defenses not available for other types of crimes:

Answer 26

• Voluntary intoxication
• Unreasonable mistake of fact

Question 27

The intent necessary for malice crimes requires ____

Answer 27

a reckless disregard of an obvious or high risk that the particular harmful result will occur.

Question 28

Malice crimes

Answer 28

common law murder and arson

Question 29

Defenses to specific intent crimes (such as voluntary intoxication) do not apply to ___

Answer 29

malice or general intent crimes

Question 30

General intent is the ___

Answer 30

catch-all category.

Question 31

General intent means the defendant has _____;

Answer 31

an awareness of all factors constituting the crime; in other words, the defendant must be aware that they are acting in the proscribed way and that any required attendant circumstances exist (or at least that they are aware of a high likelihood that they will occur).

Question 32

A strict liability or public welfare offense is one that ____

Answer 32

does not require awareness of all of the factors constituting the crime; that is, the defendant can be found guilty from the mere fact that they
committed the act.

Question 33

Common strict liability offenses are ____

Answer 33

selling liquor to minors and statutory rape.

Question 34

For strict liability defenses that negate state of mind, such as mistake of fact, are ____

Answer 34

not available.

Question 35

If the crime is in the ____ area and there are no adverbs in the statute such as “knowingly,” “willfully,” or “intentionally,” then the statute is meant to be a no intent crime of strict liability.

Answer 35

administrative, regulatory, or morality

Question 36

General Intent Crimes

Answer 36

• Battery
• Rape
• Kidnapping
• False Imprisonment

Question 37

The M.P.C. eliminates the common law distinctions between general and specific intent and adopts the following categories of intent:

Answer 37

Purposely, Knowingly, Recklessly, Negligence

Question 38

When a statute requires that the defendant act purposely, knowingly,
or recklessly, a ____ standard is used.

Answer 38

subjective

Question 39

A person acts purposely under the MPC when their conscious object is to ____

Answer 39

engage in certain conduct or cause a certain result.

Question 40

Under the MPC a person acts knowingly with respect to the nature of their conduct when they are____. Also, the person is deemed to be aware of these circumstances when they are ____

Answer 40

• aware that their conduct is of a particular nature or that certain circumstances exist
• aware of a high probability that they exist and deliberately avoid learning the truth.

Question 41

Under the MPC A person acts knowingly with respect to the result of their conduct when they _____

Answer 41

know that their conduct will necessarily or very likely cause a particular result.

Question 42

Under the MPC a person acts recklessly when they ____, and this disregard constitutes a ____ from the standard of care that a reasonable person would exercise in that situation.

Answer 42

consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow
- gross deviation

Question 43

Recklessness under the MPC involves both ____

Answer 43

objective (“unjustifiable risk”) and subjective (“awareness”) elements.

Question 44

Under the MPC a person acts negligently when they ____, where such failure is a ____ from the standard of care.

Answer 44

fail to be aware of a substantial and unjustifiable risk; substantial deviation

Question 45

Under the MPC to determine whether a person acted negligently, an ____standard is used. However, it is not just the reasonable person standard that is used in torts. The defendant must
have taken a ____

Answer 45

objective; very unreasonable risk.

Question 46

Under the MPC distinctions between reckless and negligent:

Answer 46

1 - Objective vs. subjective
–> negligence does not consider subjectiveness, recklessness consider both
2 - Fail to be aware (Negligence) of v. consciously disregard (recklessness)
3 - Deviation from the standard of care
–> Gross deviation (Recklessness) v. substantial deviation (negligence)

Question 47

A vicarious liability offense is one in which a person without personal fault may nevertheless be held liable for ____

Answer 47

the criminal conduct of another (usually an employee).

Question 48

The trend is to limit vicarious liability to ____

Answer 48

regulatory crimes and to limit punishment to fines.

Question 48

Under modern statutes, corporations may be held liable for an act performed by: ____

Answer 48

(1) an agent of the corporation acting within the scope of their office or employment; or
(2) a corporate agent high enough in hierarchy to presume their acts reflect corporate policy.

Question 49

At common law, a corporation ____ capacity to commit crimes.

Answer 49

does not have (but see modern trend)

Question 50

The defendant can be liable under the doctrine of ____ when they intend the harm that is actually caused, but to a different victim or object.
- Defenses and mitigating circumstances may also usually be transferred.

Answer 50

transferred intent

Question 51

The doctrine of transferred intent applies to homicide, battery, and arson. It does not apply to ____

Answer 51

attempt.

Question 52

A person found guilty of a crime on the basis of transferred intent is usually guilty of two crimes:

Answer 52

the completed crime against the actual victim and attempt against the intended victim.

Question 53

CONCURRENCE OF MENTAL FAULT WITH PHYSICAL ACT

Answer 53

The defendant must have had the intent necessary for the crime a the time they committed the act constituting the crime, and the intent must have prompted the act.

Question 54

For a result crime, the defendant’s conduct must be both the ____ of the specified result.

Answer 54

cause-in-fact and the proximate cause

Question 55

At common law, parties to a crime included:

Answer 55

• Principals in the first degree
• Principals in the second degree
• Accessories before the fact
• Accessories after the fact

Question 56

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

Answer 56

Principals in the first degree

Question 57

At CL persons who aided, advised, or encouraged the principal and were present at the crime

Answer 57

Principals in the second degree

Question 58

At CL persons who assisted or encouraged but were not present

Answer 58

Accessories before the fact

Question 59

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

Answer 59

Accessories after the fact

Question 60

At common law, ____ was required for conviction of an accessory, but most jurisdictions have abandoned this requirement.

Answer 60

conviction of the principal

Question 61

Most jurisdictions have abolished the distinctions between principals in the first degree and principals in the second degree or accessories before the fact. All such “parties to the crime” can be _____

Answer 61

found guilty of the principal offense.

Question 62

Under modern statutes the principal is one who, with the requisite mental state, ____

Answer 62

actually engages in the act or omission that causes the criminal result.

Question 63

Under modern statutes an accomplice is one who ____ the principal in the commission of the crime charged.

Answer 63

aids, advises, or encourages

Question 64

Under modern statutes an ____ is still treated separately. Punishment for this crime usually bears no relationship to the principal offense.

Answer 64

accessory after the fact

Question 65

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

Answer 65

(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 66

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

Answer 66

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

Question 67

In the absence of a statute, most courts would hold that ____ that a crime will result is not enough for accomplice liability, at least where the aid given is in the form of ____

Answer 67

mere knowledge; the sale of ordinary goods at ordinary prices (for example, a gas station attendant will not be liable for arson for knowingly selling a gallon of gasoline to an arsonist)

Question 68

Even though selling orindary goods at oridnary prices with the knoedlge they will be used in a crime isn’t enough for accomplice liability, procuring ___ or selling at ____ may constitute a sufficient “stake in the venture” to constitute intent.

Answer 68

an illegal item; a higher price because of the buyer’s purpose

Question 69

An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the ____, as long as the other crimes were ____

Answer 69

same extent as the principal; probable or foreseeable.

Question 70

Members of the class protected by ___ are excluded from accomplice liability.

Answer 70

a statute

e.g., A woman transported across state lines cannot be an accomplice to the crime of transporting women across state lines for immoral purposes, since she is within the class protected.

Question 71

A party necessary to the commission of a crime, by statutory definition, who is ____ liability.

Answer 71

not provided for in the statute

e.g., If a statute makes the sale of heroin illegal, but does not provide for punishment of the purchaser, the purchaser cannot be found guilty under the statute as an accomplice to the seller.

Question 72

A person who effectively ___ from a crime before it is committed cannot be held guilty as an accomplice

Answer 72

withdraws

Question 73

To avoid accomplice liability withdrawal must occur before the crime ____

Answer 73

becomes unstoppable.

Question 74

For effective withdrawal if the person encouraged the crime, the person must ___

Answer 74

repudiate the encouragement.

Question 75

For effective withdrawal of the person aided by providing assistance to the principal (such as giving materials), the person must do ____

Answer 75

everything possible to attempt to neutralize the assistance (such as attempting to retrieve the materials).

Question 76

For effective withdrawal of accomplice liability notifying the police or taking other action to prevent the crime is ____. A mere withdrawal from involvement without taking any additional action is ____.

Answer 76

sufficient; not sufficient.

Question 77

Inchoate means ____

Answer 77

incomplete.

Question 78

Three inchoate offenses

Answer 78

• Conspiracy
• Attempt
• Solicitation

Question 79

Elements of conspiracy (at CL)

Answer 79

(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.

Question 80

The object of the conspiracy must be ____

Answer 80

criminal or the achievement of the lawful object by criminal means.

Question 81

Unlike the common law of conspiracy, a majority of states require ____, but ____ will suffice.

Answer 81

an overt act; an act of mere preparation

Question 82

Two approaches to the two party intent requirement of conspiracy:

Answer 82

1 - Modern Rule = unilateral approach
-> Requires that only one party have genuine criminal intent.
2 - Traditional Rule = bilateral approach
-> A conspiracy requires at least two “guilty minds,” that is, persons who are actually committed to the illicit plan.

Question 83

The parties in a conspiracy must agree to ___. However, the agreement need not be express; it may be ____

Answer 83

accomplish the same objective by mutual action; inferred from joint activity

Question 84

Under the unilateral approach to conspiracy intent, a defendant can be convicted of conspiracy if they conspire with ____

Answer 84

one person only and that person is a police officer working undercover

Question 85

Under this “bilateral” approach to conspiracy intent, if one person in a two party agreement is only feigning agreement, the other party ___ convicted of conspiracy.

Answer 85

cannot be

Question 86

Common Law Wharton Rule

Answer 86

Where two or more people are necessary
for the commission of the substantive offense (for example, adultery, dueling), there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime (for example,
because it takes two people to commit adultery, it takes three people
to conspire to commit adultery).

Question 87

The Wharton Rule does not apply to agreements with ____; both parties may be guilty of conspiracy even though both are necessary for commission of the substantive offense.

Answer 87

“necessary parties not provided for” by the substantive offense

For example, if a state statute prohibits the sale of narcotics and imposes criminal liability on the seller only, both the buyer and seller can be guilty of conspiracy to sell narcotics—even though both parties are necessary for commis-
sion of the substantive offense

Question 88

If members of a conspiracy agree to commit a crime designed to protect persons within a given class, persons within that class ___ of the crime itself or of conspiracy to commit that crime. Likewise, the nonprotected person cannot be guilty of conspiracy if the agreement was with ___

Answer 88

cannot be guilty; the protected person only.

Question 89

Under the traditional view, the acquittal of all persons with whom a defendant is alleged to have conspired ____ of the remaining defendant. In some jurisdictions following the traditional view, a conviction for conspiracy against one defendant is allowed to stand when the alleged co-conspirator is ____

Answer 89

precludes conviction; acquitted in a separate trial.

-> Acquittal is the key here. If the defendant and others allegedly conspired and only the defendant is charged and tried (for example, the other parties are not apprehended or not prosecuted), the defendant can be convicted.

Question 90

Conspiracy is a specific intent crime. Parties must have:

Answer 90

(1) the intent to agree and
(2) the intent to achieve the objective of the conspiracy.

Question 91

The point at which a conspiracy terminates is important because acts and statements of co-conspirators are admissible against a conspirator only if they were ____

Answer 91

done or made in furtherance of the conspiracy.

Question 92

A conspiracy usually terminates upon _____. Unless agreed to in advance, acts of ____ are not part of the conspiracy.

Answer 92

completion of the wrongful objective; concealment

Question 93

Note also that the government’s defeat of the conspiracy’s objective ____ automatically terminate the conspiracy

Answer 93

does not

Question 94

A conspirator may be held liable for crimes committed by other conspirators if the crimes ____

Answer 94

(1) were committed in furtherance of the objectives of the conspiracy and (2) were foreseeable.

Question 95

____ impossibility is not a defense to conspiracy.

Answer 95

Factual

Question 96

Generally, withdrawal from the conspiracy is not a defense to the conspiracy, because the conspiracy is complete ____. Withdrawal may be a defense to ___

Answer 96

as soon as the agreement is made and an act in furtherance is performed; crimes committed in furtherance of the conspiracy, including the substantive target crime of the conspiracy.

Question 97

To withdraw from a conspiracy, a conspirator must ___

Answer 97

perform an affirmative act that notifies all members of the conspiracy of their withdrawal.

-> Notice must be given in time for the members to abandon their plans

Question 98

Conspiracy and the completed crime are ____; there is no merger.

Answer 98

distinct offenses

Question 99

Solicitation Elements

Answer 99

Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime.

+ It is not necessary that the person solicited agree to commit the crime.

Question 100

It is ___ defense that the person solicited is not convicted, nor that the offense solicited could not in fact have been successful (factual impossibility).

Answer 100

not a

Question 101

In most jurisdictions, it is not a defense that the solicitor ____ the solicitation. The M.P.C. recognizes this as a defense if the defendant ____, such as by persuading the person solicited not to

Answer 101

renounces or withdraws; prevents the commission of the crime commit the crime.

Question 102

It is a defense that the solicitor could not be found guilty of the completed crime because of a ____ to exempt them

Answer 102

legislative intent

Question 103

If the person solicited commits the crime solicited, ____ can be held liable for that crime. If the person solicited commits acts sufficient to be liable for attempt, ____ can be liable for attempt. If the person solicited agrees to commit the crime, but does not even commit acts sufficient for attempt, ____ can be held liable for conspiracy. However, under the doctrine of merger, the solicitor cannot be punished for ____.

Answer 103

both that person and the solicitor; both parties; both parties

-> both the solicitation and these other offenses

Question 104

Attempt Elements

Answer 104

• An act, done with intent to commit a crime, that falls short of completing the crime.
• Attempt requires (1) specific intent plus (2) an overt act in furtherance of the crime.

Question 105

Regardless of the intent necessary for the completed offense, an attempt always requires ____

Answer 105

a specific intent (that is, the intent to commit the crime).

Question 106

Attempt to commit a crime defined as the negligent production of a result (such as negligent homicide) is ____. The same holds true for crimes that require recklessness.

Answer 106

logically impossible because a person cannot intend to be negligent.

Question 107

For attempt the defendant must commit an act beyond ____ for the offense.

Answer 107

mere preparation

Question 108

Traditionally, in evaluating the overt requirement of attempt most courts followed the ____, which requires that the act be ____

Answer 108

“proximity” test; “dangerously close” to successful completion of the crime (for example, pointing a loaded gun at an intended victim and pulling the trigger, only to have the gun not fire or the bullet miss its mark is sufficient)

Question 109

In evaluating the overt requirement of attempt today most state
criminal codes (and the Model Penal Code) require that the act or omission constitute a ____

Answer 109

“substantial step in a course of conduct planned to culminate in the commission of the crime” that strongly corroborates the actor’s criminal purpose.

Question 110

The overt act required for ___ is much more substantial than the overt act required for ____.

Answer 110

attempt; conspiracy

Question 111

____ is not a defense to inchoate crimes at common law.

Answer 111

Abandonment

Question 112

The M.P.C., followed in a number of jurisdictions, provides that a ____ abandonment is a defense to inchoate crimes.

Answer 112

fully voluntary and complete

Question 113

If the defendant, having completed all acts that they had intended, would have committed no crime, they ___ of an attempt to do the same if they fail to complete all intended acts.

Answer 113

cannot be guilty (legal impossibility is a defense)

Question 114

A defendant charged only with a completed crime may be found
guilty of ____, but a defendant charged only with attempt may not be convicted of ____

Answer 114

the completed crime or an attempt; the completed crime.

Question 115

Murder is the ___

Answer 115

unlawful killing of a human being with malice afore- thought.

Question 116

Malice aforethought exists if there are no facts reducing the killing to voluntary manslaughter or excusing it (that is, giving rise to a defense) and it was committed with one of the following states of mind:

Answer 116

• Intent to kill
• Intent to inflict great bodily injury
• Reckless indifference to an unjustifiably high risk to human life (“abandoned and malignant heart” or “depraved heart”); or
• Intent to commit a felony (felony murder)

Question 117

Intentional use of a deadly weapon authorizes a permissive inference of ____

Answer 117

intent to kill.

Question 118

A murder will be second degree murder (similar to common law murder) unless it comes under the following circumstances, which would make it first degree murder:

Answer 118

• Deliberate and Premeditated First Degree Murder
• First Degree Felony Murder
• Others set by statute

Question 119

If the defendant made the decision to kill in a cool and dispassionate manner and actually reflected on the idea of killing, even if only for a very brief period, it is ____

Answer 119

first degree murder.

Question 120

First degree murder based on premeditation requires a specific intent, which may be negated by the defense of ____

Answer 120

voluntary intoxication (If the defendant was so intoxicated that they were unable to premeditate)

Question 121

In many states, a killing committed during the commission of an ____ is felony murder and called first degree murder. Another statute (or case) may provide that a killing during any felony is felony murder, but the killing will typically be classified as _____

Answer 121

enumerated felony; second degree felony murder.

Question 122

Some states require that the felony be ____ or the felony ____ as committed.

Answer 122

inherently dangerous to human life; be dangerous to human life

Question 123

If the jurisdiction divides murder into degrees, second degree murder is usually classified as a ___ or any
murder that is ____

Answer 123

depraved heart killing; not classified as a first degree murder.

Question 124

Depraved heart killing

Answer 124

A killing done with a reckless indifference to an unjustifiably high risk to human life

Question 125

Any death—even an accidental death caused ____ is murder. Malice is implied from the intent to commit the underlying felony.

Answer 125

in the commission of, or in an attempt to commit, a felony

Question 126

Limitations on Felony Murder Liability

Answer 126

(1) The defendant must have committed or attempted to commit the underlying felony; a defense that negates an element of the underlying offense will also be a defense to felony murder.
(2) The felony must be distinct from the killing itself
(3) Death must have been a foreseeable result of the felony (a minority of courts require only that the felony be malum in se).
(4) The death must have been caused before the defendant’s “immediate flight” from the felony ended; once the felon has reached a place of “temporary safety,” subsequent deaths are not
felony murder.
(5) In most jurisdictions, the defendant is not liable for felony murder when a co-felon is killed as a result of resistance from the felony victim or the police.

Question 127

Theories of killing by non-felons under felony murder

Answer 127

• Minority rule: Under the “proximate cause” theory, felons are liable for the deaths of innocent victims caused by someone other than a co-felon.
• Majority Rule: Under the alternative “agency” theory of felony murder, the killing must be committed by a felon or their “agent” (that is, an accomplice) with
  limited exceptions in cases in which the victim was used as a shield or otherwise forced by the felon to occupy a dangerous place.

Question 128

If a bystander is accidentally killed by a police officer during a shootout at the crime scene, the felons will be guilty of felony murder under the ____ theory. However, there would be no felony murder liability under the ___ theory.

Answer 128

proximate cause (because they put into operation a series of events that caused the death of the innocent party)

agency (because a police officer caused the bystander’s death)

Question 129

In most jurisdictions, the defendant is ___ for felony murder when a co-felon is killed as a result of resistance from the felony victim or the police.

Answer 129

not liable

Question 130

Voluntary manslaughter is a killing that would be murder but for the existence of ____

Answer 130

adequate provocation.

Question 131

Provocation is adequate (to charge voluntary manslaughter) only if:

Answer 131

• It was a provocation that would arouse sudden and intense passion in the mind of an ordinary person, causing them to lose self-control (objective)
• The defendant was in fact provoked (subjective)
• There was not sufficient time between provocation and the killing for passions of a reasonable person to cool; (objective)
  and
• The defendant in fact did not cool off between the provocationand the killing (subjective)

Question 132

Remember that “heat of passion” is not a defense to a killing, although it may ____

Answer 132

reduce the killing from murder to manslaughter.

Question 133

Some states recognize an “imperfect self-defense” doctrine under which murder may be reduced to manslaughter even though ___

Answer 133

(1) the defendant was at fault in starting the altercation; or (2) the defendant unreasonably but honestly believed in the necessity of responding
with deadly force

Question 134

A killing is involuntary manslaughter if it was committed:

Answer 134

• With criminal negligence (or by “recklessness” under the M.P.C.)
  or
• In some states, during the commission of an unlawful act (misde-meanor or felony not included within felony murder rule). + Foreseeability of death also may be a requirement.

Question 135

Abandoned and malignant heart murder at common law involves ____ while involuntary manslaughter based on recklessness requires only ___

Answer 135

a high risk of death; a substantial risk.

Question 136

The defendant’s conduct must be both ____ of the victim’s death.

Answer 136

the cause-in-fact and the proximate cause

Question 137

A defendant’s conduct is the cause-in-fact of the result if the result would not have occurred ___ the defendant’s conduct.

Answer 137

“but for”

Question 138

A defendant’s conduct is the proximate cause of the result if the result is a ____ of the conduct, even if the defendant did not anticipate the precise manner in which the result occurred. ____ break the chain of proximate
causation.

Answer 138

natural and probable consequence; Superseding factors

Question 139

An act that hastens an ____ is still the legal cause of that result. Also, simultaneous acts of two or more persons may be ___ of a single result.

Answer 139

inevitable result; independently sufficient causes

Question 140

A murder victim’s preexisting weakness or fragility, even if unforeseeable, ____ the chain of causation.

Answer 140

does not break

Question 141

Traditionally, for a defendant to be liable for homicide, the death of the victim must occur within ____ from infliction of the injury or wound. Most states that have reviewed this rule have ____ it.

Answer 141

one year and one day; abolished

Question 142

Generally, an intervening act shields the defendant from liability if the act is ____

Answer 142

a coincidence or is outside the foreseeable sphere of risk created by the defendant.

Question 143

Note that a third party’s negligent medical care and the victim’s refusal of medical treatment for religious reasons are both ___, so the defendant would be liable.

Answer 143

foreseeable risks

Question 144

Battery is ____

Answer 144

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

Question 145

A battery can be, but need not be, ____, and the force need not be applied ____.

Answer 145

intentional; directly

Question 146

Most jurisdictions treat the following as aggravated batteries and punish them as felonies:

Answer 146

(1) battery with a deadly weapon; (2) battery resulting in serious bodily harm; and (3) battery of a child, woman, or police officer

Question 147

Assault is either:

Answer 147

(1) An attempt to commit a battery or
(2) The intentional creation—other than by mere words—of a reason-
able apprehension in the mind of the victim of imminent bodily harm.

Question 148

If there has been an actual touching of the victim, the crime can only be ___, not ____.

Answer 148

battery; assault

Question 149

False imprisonment consists of _____

Answer 149

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

Question 150

For false imprisonment the M.P.C. requires that the confinement must _____.

Answer 150

“interfere substantially” with the victim’s liberty

Question 151

It is not confinement to simply prevent a person from going where they desire to go, as long as ____

Answer 151

alternative routes are available to them.

Question 152

Modern statutes often define kidnapping as unlawful confinement of a person that involves either ____

Answer 152

(1) some movement of the victim, or (2) concealment of the victim in a “secret” place.

Question 153

Aggravated kidnapping includes kidnapping for ____

Answer 153

ransom, kidnapping for the purpose of committing other crimes, kidnapping for offensive purposes, and child stealing

Question 154

Consent to false imprisonment is invalidated by ____

Answer 154

coercion, threats, deception, or incapacity due to mental illness, substantial cognitive impairment, or youth.

Question 155

Traditionally, rape was the _____

Answer 155

unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent.

Question 156

For rape the ___ is sufficient.

Answer 156

slightest penetration

Question 157

Under the traditional rule and the M.P.C., a husband ____ his
wife, but most states today either reject this rule entirely or reject it where the parties are estranged or separated.

Answer 157

cannot rape

Question 158

To be rape, the intercourse must be without effective consent. Lack of effective consent exists where:

Answer 158

• Intercourse is accomplished by actual force
• Intercourse is accomplished by threats of great and immediate bodily harm
• The victim is incapable of consenting due to unconsciousness,
  intoxication, or mental condition; or
• The victim is fraudulently caused to believe that the act is not intercourse

Question 159

Consent due to other types of fraud (for example, the perpetrator persuading the victim that the perpetrator is the victim’s
spouse or that they will get married) is ____

Answer 159

effective.

Question 160

Statutory rape is carnal knowledge of a person ____

Answer 160

under the age of consent.

Question 161

Statutory rape is a strict liability crime, and, therefore, it is not necessary to show ____

Answer 161

lack of consent.

Question 162

Will a defendant’s reasonable mistake as to the victim’s age prevent liability for statutory rape? For purposes of the examination, the best answer is ___

Answer 162

no

Question 163

PROPERTY OFFENSES

Answer 163

• Larceny
• Embezzlement
• False pretenses
• Robbery
• Extortion
• Receipt of stolen property
• Theft
• Forgery
• Burglary
• Arson

Question 164

Larceny consists of:

Answer 164

• A taking (obtaining control)
• And carrying away (asportation)
• Of tangible personal property (including written instruments embodying intangible rights such as stock certificates)
• Of another with possession
• By trespass (without consent or by consent induced by fraud)
• With intent to permanently deprive that person of their interest in the property

Question 165

For the taking away element of larceny the ___ of the property is enough

Answer 165

slightest movement (asportation)

Question 166

If the defendant had possession of the property at the time of the taking, the crime is not ____, but may be ____

Answer 166

larceny; embezzlement.

Question 167

Possession involves a greater scope of authority to deal with the property than does ____.

Answer 167

custody

Question 168

Generally, the defendant has possession if they were given ____ over the property and has custody if they were given only ____ over the property.

Answer 168

discretionary authority; limited authority

Question 169

Ordinarily, low level employees have only custody of an employer’s property and so are guilty of ____ for taking it.

Answer 169

larceny

Question 170

Generally, a bailee has possession and thus may be guilty of ____ if they take the property. However, if the bailee opens closed containers in which the property has been placed by the bailor (that is, the bailee “breaks bulk”), the possession is regarded, by use of a fiction, as returning to the bailor, and thus the bailee may then be guilty of ____ if they take that property.

Answer 170

embezzlement; larceny

Question 171

Generally, larceny requires that at the time of ___ the defendant intended to ____ a person of their property.

Answer 171

the taking; permanently deprive

Question 172

An intent to ____, is sufficient for larceny.

Answer 172

create a substantial risk of loss, or an intent to sell or pledge the goods to the owner

Question 173

Where the defendant believes that the property they are taking is theirs or where they intend only to borrow the property or to keep it as repayment of a debt, there is ____

Answer 173

no larceny

Question 174

There may be larceny where the defendant intends to pay for the
goods (if the goods were ____) or intends to collect a reward from the owner (if ____).

Answer 174

not for sale; there is no intent to return the goods absent a reward

Question 175

Larceny can be committed with ___ property or property that has been delivered by mistake, but not with ___ property.

Answer 175

lost or mislaid; abandoned

Question 176

“Continuing Trespass” Situation in Larceny

Answer 176

If the defendant wrongfully takes property without the intent to
permanently deprive, and later decides to keep the property, the defendant is guilty of larceny when they decide to keep it. However, if the original taking was not wrongful (for example, the defendant took the
umbrella thinking it was theirs) and later decides to keep it, it is not larceny.

Question 177

The trespass element of larceny only requires that the property was taken

Answer 177

without consent or with consent induced by fraud

Question 178

Embezzlement is:

Answer 178

• The fraudulent
• Conversion
• Of personal property
• Of another
• By a person in lawful possession of that property

Question 179

The conversion element of embezzlement means

Answer 179

dealing with the property in a manner inconsistent with the arrangement by which defendant has possession

Question 180

Embezzlement differs from larceny because in embezzlement the defendant misappropriates property while it is ____, while in larceny the defendant misappropriates property ____.

Answer 180

in their rightful possession; not in their possession

Question 181

For embezzlement the defendant must intend to ___

Answer 181

defraud (specific intent)

Question 182

If the defendant intends to restore the ____, it is not embezzlement. However, if the defendant intends to restore ____, it is embezzlement, even if it was ___ that was initially taken and ____—of identical value— that they intended to return.

Answer 182

exact property taken; similar or substantially identical property

money; other money

Question 183

As in larceny, embezzlement is not committed if the conversion is pursuant to a ____ to the property.

Answer 183

claim of right

Question 184

A person does not have to ____ to be an embezzler—just the possession of the property is required.

Answer 184

carry away

Question 185

The embezzler does not have to get the ____.

Answer 185

benefit

Question 186

The offense of false pretenses is:

Answer 186

• Obtaining title
• To personal property of another
• By an intentional false statement of a past or existing fact
• With intent to defraud the other

Question 187

For false pretenses the victim must ____, the misrepresentation, and this must be a major factor (or the sole cause) of the victim passing title to the defendant

Answer 187

actually be deceived by, or act in reliance on

Question 188

For false pretenses traditionally, the defendant’s misrepresentation must have related to a ___ fact, and false promises to do something in the future, even without the present intent to perform, were not sufficient. However, under the M.P.C. and the modern prevailing view, ____ suffices, including a false promise to perform in the future

Answer 188

past or present; any false representation

Question 189

For false pretenses depending on the statute involved, the defendant must either have ___ or have ____

Answer 189

known the statement to be false; intended that the victim rely on the misrepresentation

Question 190

For false pretenses most states will find that the defendant “knew” of the falsity of any statements when, _____

Answer 190

after being put on notice of the high probability of the statement’s falsity, they deliberately avoided learning the truth.

Question 191

If the victim is tricked—by a misrepresentation of fact—into giving up mere custody or possession of property, the crime is ____. If the victim is tricked into giving up title to property, the crime is ____

Answer 191

larceny by trick; false
pretenses.

Question 192

Robbery consists of:

Answer 192

• A taking
• Of personal property of another
• From the other’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 193

For a defendant to be guilty of robbery, the victim must give up their property because ___

Answer 193

they feel threatened

-> If the victim gives up their property for another reason (for example, they feel sorry for the defendant, or they want the defendant to go away), the defendant will not be guilty of robbery.

Question 194

Robbery differs from larceny because robbery requires that the defendant use ____ to obtain or retain the victim’s property.

Answer 194

force or threats

Question 195

Pickpocketing generally would be ____, but if the victim notices the attempt and resists, the taking would be ____.

Answer 195

larceny; robbery

Question 196

The presence requirement of robbery is ____ and would even cover a farmer tied up in his barn while the robber took things from his house.

Answer 196

very broadly drawn

Question 197

For robbery the threat must be a threat of ____

Answer 197

imminent harm.

Question 198

Common law extortion consists of

Answer 198

the corrupt collection of an unlawful fee by an officer under color of office

Question 199

Under modern statutes, extortion (blackmail) often consists of ____. Under some statutes, the crime is complete when ____; meaning, the property need not be obtained.

Answer 199

obtaining property by means of threats to do harm or to expose information; threats are made with the intent to obtain property

Question 200

Extortion differs from robbery because in extortion the threats may be of ___ and the taking _____.

Answer 200

future harm; does not have to be in the presence of the victim

Question 201

Receipt of stolen property consists of:

Answer 201

• 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 202

For receipt of stolen property manual possession is ____. The defendant possesses the property when _____

Answer 202

not necessary; it is put in a location designated by them or they arrange a sale for the thief to a third person (that is, “fencing”).

Question 203

For receipt of stolen property the property must be stolen property at the time ____

Answer 203

the defendant receives it.

Question 204

The defendant can be convicted of ____ if they intended to receive the property while believing it to be stolen (even if it isn’t).

Answer 204

attempted receipt of stolen property

Question 205

Forgery consists of the following:

Answer 205

• Making or altering (by drafting, adding, or deleting)
• A writing with apparent legal significance (for example, a contract,
  not a painting)
• So that it is false; that is, representing that it is something that it is not, not merely containing a misrepresentation (for example, a
  fake warehouse receipt, but not an inaccurate real warehouse
  receipt)
• With intent to defraud (although no one need actually have been
  defrauded)

Question 206

If the defendant fraudulently causes a third person to sign a document that the third person ____, forgery has been committed. But if the third person ____, forgery has not been committed even if the third person was induced by fraud to sign it.

Answer 206

does not realize they are signing; realizes they are signing the document

Question 207

Uttering a forged instrument consists of

Answer 207

(1) offering as genuine; (2) an instrument that may be the subject of forgery and is false; (3) with
intent to defraud.

Question 208

Common law burglary consists of:

Answer 208

• 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 209

For burglary a breaking is defined as

Answer 209

Creating or enlarging an opening by at least minimal force, fraud, or intimidation; if defendant had the resident’s consent to enter, the entry is not a breaking

Question 210

For burglary an entry is defined as

Answer 210

placing any portion of the body or any instrument used to commit the crime into the structure

Question 211

For burglary a dwelling is defined as

Answer 211

a structure used with regularity for sleeping purposes, even if used for other purposes such as conducting a
business

Question 212

For burglary the “of another” element ____ is irrelevant; occupancy by ____ is all that is required

Answer 212

ownership; someone other than the defendant

Question 213

Modern statutes often eliminate many of the “technicalities” of common law burglary, including _____

Answer 213

the requirements of a breaking, that the structure be a dwelling, that the act occur at nighttime, and that the intent be to commit a felony (that is, intent to commit misdemeanor theft is often enough)

Question 214

The breaking in burglary can be ___ or ____.

Answer 214

actual; constructive

Question 215

It is not an actual breaking for a person to come uninvited through
a _____ (there is no breaking).
But if a person pushes open an _____, then a breaking exists

Answer 215

wide open door or window; interior door to another room

Question 216

A constructive breaking is a breaking by _____

Answer 216

fraud or threat.

Question 217

For burglary the dwelling cannot be a ____

Answer 217

barn or a commercial structure.

Question 218

For burglary the intent to commit the felony must exist at the time of ____

Answer 218

the breaking and entering.

Question 219

Arson at common law consists of:

Answer 219

• The malicious (that is, intentional or with reckless disregard of an
  obvious risk)
• Burning (requiring some damage to the structure caused by fire)
• Of the dwelling
• Of another

Question 220

The malicious element of arson is met by:

Answer 220

intentional or with reckless disregard of an obvious risk

Question 221

Like statutory changes for burglary, modern arson statutes (including the M.P.C.) have modified the common law rules, usually to expand potential criminal liability. Most states have expanded the definition of arson to include _____

Answer 221

damage caused by explosion, and expanded the types of property that may be destroyed to include
commercial structures, cars, trains, etc.

Question 222

Destruction of the structure, or even significant damage to it, is not required to complete the crime of arson. ____ is not sufficient, but mere
____ is sufficient.

Answer 222

Mere blackening by smoke or discoloration by heat (scorching); charring

Question 223

At common law for arson, the building had to be the house of another; one could not be guilty of arson of ____.

Answer 223

one’s own house (has CL crime of houseburning to cover that)

Question 224

The common law misdemeanor of houseburning consisted of:

Answer 224

(1) a malicious; (2) burning; (3) of one’s own dwelling; (4) if the structure is situated either in a city or town, or so near to other houses as to create a danger to them.

Question 225

Insanity Tests

Answer 225

• M’Naghten Rule
• Irresistible Impulse Test
• Durham (or New Hampshire) Test
• A.L.I. or Model Penal Code Test

Question 226

Under M’Naghten Rule, a defendant is entitled to acquittal if:

Answer 226

(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.

-> Delusions, belief that one’s actions are morally right, or loss of control because of mental illness are not defenses unless this test is met.

Question 227

Under Irresistible Impulse test, a defendant is entitled to acquittal only if, ____

Answer 227

because of a mental illness, they were unable to control their actions or conform their conduct to the law.

Question 228

Under Durham (or New Hampshire) Test, a defendant is entitled to acquittal if ___

Answer 228

the crime was the product of their mental illness (that is, the crime would not have been committed but for the disease).

->. The Durham test is broader than either the M’Naghten test or the irresistible impulse test. It is
followed only in New Hampshire.

Question 229

Under the M.P.C. test (which represents the “modern trend”), a defendant is entitled to acquittal if ___

Answer 229

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 230

All defendants are presumed sane; the ____ must raise the insanity issue.

In most states, once the issue is raised, the defendant must prove their insanity, generally by a ____. Other states (and the M.P.C.) require the prosecution to prove the defendant was sane ____.

Federal courts require the defendant to prove insanity by ____

Answer 230

defendant; preponderance of the evidence

beyond a reasonable doubt

clear and convincing evidence.

Question 231

A simple “not guilty” at that time of arraignment ____ the right to raise the defense at some future time.

Answer 231

does not waive

Question 232

If the defendant does not raise the insanity issue, they ____ refuse a
court-ordered psychiatric examination to determine their competency to stand trial.

If the defendant raises the insanity issue, they ___ refuse to be examined by a psychiatrist appointed to aid the court in the resolution of his insanity plea.

Answer 232

may; may not

Question 233

In most jurisdictions, a defendant acquitted by reason of insanity may
be committed to a mental institution until cured. Confinement ___ exceed the maximum period of incarceration for the offense charged.

Answer 233

may

Question 234

Under the Due Process Clause of the United States Constitution, a defendant may not be tried, convicted, or sentenced if, as a result
of a mental disease or defect, they are unable _____.

Answer 234

(1) to understand the nature of the proceedings being brought against them; or
(2) to assist their lawyer in the preparation of their defense

Question 235

A defendant may not be executed if they are ____

Answer 235

incapable of understanding the nature and purpose of the punishment.

Question 236

Some states recognize the defense of “diminished capacity” under which the defendant may assert that as a result of a mental defect short of insanity, they did not have ____ for the crime charged.

Answer 236

the mental state required (Most states allowing the diminished capacity defense limit it to specific intent crimes, but a few states allow it for general intent crimes as well).

Question 237

Intoxication may be caused by any substance (for example, drugs, alcohol, medicine). It may be raised ____.

Answer 237

whenever intoxication negates
one of the elements of the crime

Question 238

Intoxication is voluntary if it is the result of ______.

Answer 238

the intentional taking without duress of a substance known to be intoxicating

Question 239

Voluntary intoxication may be a good
defense to ____ crimes, but not to ___ crimes

Answer 239

specific intent; general intent, malice, or strict liability

Question 240

For crimes that require recklessness (that is, conscious disregard of a substantial and unjustifiable risk), a person who ____ acts recklessly with regard to the risk. Additionally, the
defense is not available if the defendant ____ in order to establish the defense.

Answer 240

would have been aware of the risk had he not been intoxicated; purposely becomes intoxicated

Question 241

Addicts and alcoholics who are intoxicated when they commit a crime are considered to be ____.

Answer 241

voluntarily intoxicated

Question 242

Intoxication is involuntary only if it results from the taking of an intoxicating substance ___

Answer 242

without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advice while unaware of the substance’s intoxicating effect.

Question 243

Involuntary intoxication may be treated as a ___, and the defendant is entitled to acquittal if they meet the jurisdiction’s ____. Thus, involuntary intoxication can be a defense to ___ crimes.

Answer 243

mental illness; insanity test; all

Question 244

Continuous, excessive drinking or drug use may bring on ___ and thus a defendant may be able to claim both an ____

Answer 244

actual insanity; intoxication defense and an insanity defense.

Question 245

At common law, there could be no liability for an act committed by a
child under age ___

Answer 245

seven.

Question 246

At CL for acts committed by a child between ages ____, there was a rebuttable presumption that the child was unable to understand the wrongfulness of their acts.

Answer 246

seven and 14

Question 247

At CL children age ____ were treated as adults.

Answer 247

14 or older

Question 248

Modern statutes often provide that no child can be convicted of a crime until a stated age is reached, usually ____. However, children can be found to be ____ in special juvenile or family courts.

Answer 248

13 or 14; delinquent

Question 249

The right to self-defense or other justification defenses depends on the ___ of the threat; a threat of ____ is not sufficient.

Answer 249

immediacy; future harm

Question 250

Faced with nondeadly force a person without fault may use such force as the person ____ to protect themself from the imminent use of unlawful force upon themself. There is ___ duty to retreat.

Answer 250

reasonably believes is necessary; no

Question 251

A person may use deadly force in self-defense if the person is:

Answer 251

(1) is without fault;
(2) is confronted with “unlawful force”; and
(3) reasonably believes that they are threatened with imminent death or great bodily harm

Question 252

If the defendant kills in self-defense but not all three of the requirements for the use of deadly force are met,
some states would find the defendant guilty of ____ under the “imperfect self-defense” doctrine.

Answer 252

manslaughter rather than murder

Question 253

Generally, there is ___ to retreat before using deadly force.

Answer 253

no duty

Question 254

The minority view requires retreat before using deadly force if the victim can safely do so, unless:

Answer 254

• The attack occurs in the victim’s own home
• The attack occurs while the victim is making a lawful arrest; or
• The assailant is in the process of robbing the victim

Question 255

If one is the aggressor in the confrontation, they may use force in defense of themself only if:

Answer 255

• They effectively withdraw from the confrontation and communicate to the other their desire to do so, or
• 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 256

A defendant has the right to defend others if they ____ that the person assisted has the legal right to use force in their own defense. All that is necessary is the _____ of the right to use force. Generally, there need be ____ between the defendant and the person in whose defense they acted.

Answer 256

reasonably believe; reasonable appearance; no special relationship

Question 257

A person may use nondeadly force in defense of their dwelling when,
and to the extent that, they ____

Answer 257

reasonably believe that such conduct is necessary to prevent or terminate another’s unlawful entry into or
attack upon their dwelling.

Question 258

Deadly force in defense of a dwelling may be used only to prevent a ____ and when the person reasonably believes that the use of force is necessary to prevent ____.

Answer 258

violent entry; a personal attack on themself or another in the dwelling, or to prevent an entry to commit a felony in the dwelling

Question 259

Deadly force may never be used in ____. Reasonable, nondeadly force may be used to defend property in one’s possession from what they ____. Force may not be used if a ____ from the activity would suffice.

Answer 259

defense of property; reasonably believe is an imminent, unlawful interference; request to desist or refrain

Question 260

A person may use force to regain possession of property that they reasonably believe was wrongfully taken only if they are in ____

Answer 260

immediate pursuit of the taker.

Question 261

Nondeadly force may be used by police officers if ____. Deadly force is reasonable only if it is _____.

Answer 261

reasonably necessary to effectuate an arrest; necessary to prevent a felon’s escape and the police officer reasonably believes that the felon threatens death or serious bodily harm

Question 262

A bystander summoned by a police officer to assist them in making an arrest has ____, and the bystander’s ____ is justified even if it turns out that the officer was exceeding their authority.

Answer 262

the same authority to use force as the officer; good faith assistance

Question 263

A private person has the same right to arrest as a police officer with the following exceptions:

Answer 263

• A private person has a privilege to use nondeadly force to make an arrest if a crime was in fact committed and the private person has reasonable grounds to believe the person arrested has in fact committed the crime.
• A private person may use deadly force only if the person harmed was actually guilty of the offense for which the arrest was made.

Question 264

Under the majority rule, nondeadly force may be used to resist an improper arrest even if ____.

Answer 264

a known officer is making that arrest

-> A minority of courts and the M.P.C. do not allow one to resist a known
police officer.

Question 265

Deadly force in resisting an arrest may be used, only if the person ____

Answer 265

does not know that the person arresting them is a police officer.

Question 266

It is a defense to a crime other than intentional homicide that the defendant reasonably believed that another person would imminently
inflict _____

Answer 266

death or great bodily harm upon them or a member of their
family if the defendant did not commit the crime.

-> Threats to harm a third person may also suffice to establish the defense of duress.

Question 267

Duress is not a defense to

Answer 267

intentional homicide

Question 268

For a duress defense traditionally, threats to property were ___; however, a number of states, consistent with the M.P.C., do allow for threats to property to give rise to a duress defense, assuming that ____

Answer 268

not sufficient; the value of the property outweighs the harm done to society by commission of the crime.

Question 269

Necessity

Answer 269

It is a defense to a crime that the person reasonably believed that
commission of the crime was necessary to avoid an imminent and
greater injury to society than that involved in the crime.

Question 270

For necessity the test is ____

Answer 270

objective; a good faith belief is not sufficient.

Question 271

Under the traditional common law view, the pressure producing the choice of evils had to come from ____; modern cases have abandoned this requirement.

Answer 271

natural forces

Question 272

Causing the death of another person to protect property is ____.

Answer 272

never justified

Question 273

The defense of necessity is not available if _____ the situation requiring that they choose between two evils.

Answer 273

the defendant is at fault in creating

Question 274

Unlike necessity, duress ____ involves a threat by a human.

Answer 274

always

Question 275

Mistake or ignorance of fact is relevant to criminal liability only if it shows that the defendant ____

Answer 275

lacked the state of mind required for the crime; thus, it is irrelevant if the crime imposes “strict” liability.

Question 276

If mistake is offered to “disprove” a specific intent, the mistake need not be ____; however, if it is offered to disprove any other state
of mind, it must have been a ____ mistake or ignorance.

Answer 276

reasonable; reasonable

Question 277

Mistake is usually raised as a defense to a crime that has been completed; mistake of fact may ____.

Impossibility by comparison arises only when the defendant has failed to complete the crime because of their mistaken belief about the facts, and is being charged with an attempt to commit the crime; factual impossibility is ____ to attempt.

Answer 277

negate the intent required for the crime; not a defense

Question 278

Generally, it is not a defense that the defendant believed that their activity would not be a crime, even if ____. However, if that reliance negates a necessary mental state element, such reliance ____.

Answer 278

that belief was reasonable and
based on the advice of an attorney; can demonstrate that the government has not proved its case beyond a reasonable doubt

Question 279

Exceptions to the rule that mistake of law isn’t a defense

Answer 279

(1) the statute proscribing their conduct was not published or made reasonably available prior to the
conduct;
(2) there was reasonable reliance on a statute or judicial decision; or
(3) in some jurisdictions, there was reasonable reliance on official interpretation or advice.

Question 280

If the defendant’s mistake or ignorance as to a collateral legal matter proves that the defendant lacked the state of mind required for the crime, they are entitled to acquittal. The ignorance or mistake must involve ____

Answer 280

the elements of the crime, not the existence of a statute making the act criminal.

Question 281

Entrapment occurs if the intent to commit the crime originated ____

Answer 281

not with the defendant but with law enforcement officers.

Question 282

Entrapment exists only if:

Answer 282

(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 the opportunity for a predisposed person to commit a crime is not entrapment.)

Question 283

A person cannot be entrapped by a ____

Answer 283

private citizen.

Question 284

Under federal law, an entrapment defense cannot be based solely on the fact that a government agent ____

Answer 284

provided an ingredient for commission of the crime (for example, ingredients for drugs), even if the material provided was contraband

Question 285

Perjury is the ____

Answer 285

intentional taking of a false oath (lying) in regard to a material matter (that is, one that might affect the outcome of the
proceeding) in a judicial proceeding.

Question 286

Subornation of perjury consists of ____

Answer 286

procuring or inducing another to commit perjury.

Question 287

Under modern statutes bribery may be extended to ____

Answer 287

nonpublic officials, and either the offering of a bribe or
the taking of a bribe may constitute the crime.

Question 288

Bribery at common law was the ____

Answer 288

corrupt payment or receipt of anything of value for official action.

Question 289

Compounding consists of ____

Answer 289

agreeing, for valuable consideration, not to prosecute another for a felony or to conceal the commission of a felony or the whereabouts of a felon.

Question 290

At common law, misprision of a felony consisted of ____. Under modern statutes, misprision is ____, or it requires some ___

Answer 290

the failure to disclose knowledge of the commission of a felony or to prevent the commission of a felony;

no longer a crime; affirmative action in aid of the felon