Criminal Law

Question 1

Elements of a crime

Answer 1

1) Actus reus (voluntary act)

2) Mens rea

3) Causation
3-1) Actual (but-for) cause AND
302) Proximate cause (Negligence/recklessness crimes: within the risk created; Intentional crimes: harm is similar to harm intended)

Question 2

Omissions – when is there a duty to act?

Answer 2

Statutory duties (cops)

Legal duty by contract (lifeguards)

Special status (parent/child, husband/wife)

Voluntary undertaking to rescue that is abandoned

Failing to help after creating risk (hit & run)

Question 3

Excuse defenses

Answer 3

Insanity

Intoxication

Duress

Question 4

Duress defense

Answer 4

D reasonably believes that the only way to avoid an unlawful IMMINENT threat of SERIOUS bodily injury or death is to commit an unlawful act

Doesn’t apply to murder (except felony murder)

An excuse defense

Question 5

Voluntary intoxication

Answer 5

Defense against specific intent crimes only

Note that this includes attempt!

Question 6

Insanity

Answer 6

M’Naghten Test

Irresistible Impulse Test

MPC/Substantial Capacity Test

Burden on D to prove by clear and convincing evidence (fed law) or preponderance of evidence (most state law)

Question 7

Unforeseeable intervening events

Answer 7

Breaks causal chain

Gross negligence by third parties

Complete coincedences

Question 8

M’Naghten Test

Answer 8

At time of offense, D suffered severe mental disease or defect and thus was UNABLE TO KNOW either

1) Nature or quality of act (didn’t know what they were doing)

2) Didn’t know what they were doing was wrong

Note: Does not include psychopathic personalities

Question 9

Irresistible Impulse Test

Answer 9

D isn’t guilty is mental disease stopped him from controlling conduct

Question 10

MPC/Substantial Capacity Test

Answer 10

Mental disease/defect that makes D lack SUBSTANTIAL CAPACITY to appreciate criminality or to conform conduct to the law

Question 11

Self-defense

Answer 11

1) HONEST (subjective) and REASONBLE (objective) judgment that force is needed to defend against bodily harm

2) Harm must be IMMINENT

3) force must be PROPORTIONATE

Question 12

Unclean hands defense

Answer 12

No right to self-defense if D created the dangerous situation

Common law/majority: right to self-defense is regained if you retreat

Question 13

Defense of others

Answer 13

Same right to defend others as you have to defend yourself. Insert yourself into victim’s shoes.

Reasonable mistake = safe (majority rule)

Question 14

Defense of property

Answer 14

Reasonable non-deadly force allowed

Question 15

Necessity defense

Answer 15

1) Must avoid GREATER HARM

2) NO REASONABLE ALTERNATIVE to breaking law

3) Was NOT RESPONSIBLE for creating crisis

Question 16

Crimes against property

Answer 16

Larceny
Robbery
Larceny by trick
Embezzlement
False pretenses
Extortion
Receiving stolen property

Question 17

Burglary

Answer 17

Breaking and entering with intent to commit a felony within

Question 18

Arson

Answer 18

1) Actual malice (intentionally or recklessly)

2) Causing thing to burn

3) that causes property damage (actual change in property, icky soot isn’t enough)

Question 19

Receiving stolen property

Answer 19

Must be reasonable doubt that receiver knew it was stolen

Question 20

False pretenses

Answer 20

1) D says FACT that is knowingly false

2) which induces P to transfer TITLE

3) D INTENDS for P to transfer title

Question 21

Embezzlement

Answer 21

1) Conversion

2) with intent to permanently deprive

Question 22

Larceny by trick

Answer 22

P takes possession by larceny plus P must rely on D’s misrepresentation

Question 23

Robbery

Answer 23

Larceny plus

1) taking from the victim’s person and…

2) through force/threat of force that places victim in ACTUAL FEAR at time of taking

Question 24

Larceny

Answer 24

1) taking

2) with intent to permanently deprive

Includes damaging a thing.

Returning the thing later doesn’t matter

Question 25

Crimes against the person

Answer 25

Battery
Assault
Rape
Kidnapping
Aggravated battery/mayhem
Felony assault
False imprisonment

Question 26

Battery

Answer 26

Unlawful application of force to the victim

general intent crime

Elevated to aggravated battery if D causes serious bodily injury, uses deadly weapon, or attacks special category of person (kid, cop, pregnant woman)

Question 27

Rape

Answer 27

Penetration without consent

Defense: HONEST (subjective) and REASONBALE (objective) mistake of fact that the person wasn’t consenting

Question 28

Assault

Answer 28

Intend to batter (and fail) or intentionally cause victim to fear imminent battery

A specific intent crime

Question 29

Aggravated battery/Mayhem

Answer 29

Intent to maim or bodily injury, and you permanently disfigure somebody (modern majority)

Question 30

Kidnapping

Answer 30

Abducting by means of force or threat of force. Must also take someone to another location.

Question 31

False imprisonment

Answer 31

INTENTIONAL confinement without reasonable means of escape.

Question 32

Premeditation

Answer 32

Must be some form of reflection but can be very slight

Question 33

Deliberation

Answer 33

Deliberate choice to kill with some kind of rational thought.

Question 34

Malice

Answer 34

Intent to kill, proved by:

Deadly weapon doctrine

Depraved heart

Felony murder

Question 35

Deadly weapon doctrine

Answer 35

Intent to kill assumed if you sue deadly weapon or use weapon in a way likely to cause death or serious bodily harm

Question 36

Depraved heart

Answer 36

Intent to kill assumed if recklessly/gross negligence and an EXTREME risk to death or bodily injury.

Question 37

Voluntary manslaughter

Answer 37

Intentional killing with adequate provocation. Adequate provocation is both objective (would make reasonable person fly into a rage) and subjective (in fact did make D go into rage)

Mere words are not enough

Question 38

Solicitation

Answer 38

Trying to get someone else to commit your crime.

Crime is complete as soon as the communication is made.

Do they actually do the crime? Solicitation turns into ACCOMPLICE LIABILITY

Question 39

Conspiracy

Answer 39

1) 2 or more people

2) meeting of the minds

3) one person commits overt act in furtherance of the conspiracy

Partial defense: withdrawal + withdrawal communicated

Question 40

Pinkerton doctrine

Answer 40

Every conspirator is guilty of 1 conspirator’s crime if

1) Crime is a foreseeable outcome of conspiracy

2) Crime is in furtherance of conspiracy’s goals