Criminal Law

Question 1

M’Naghten

Answer 1

Defendant either did not know the nature of the act or did not know the act was wrong because of a mental disease or defect

Question 2

Insanity vs. Incompetence

Answer 2

Insantity- Mental diese or defect

Incompetence is a bar to trial.

Question 3

Test to determine Comptence

Answer 3

1. whether the defendant comprehends the nature of the crime
2. whether the defendant can assit in his defense.

at time of trial, not at the time of crime

Question 4

Voluntary Intoxication

Answer 4

When a person voluntarily ingests the substance knowing that it is an intoxicant

Defense to specific intent crimes (FIAT) if it prevents the defendant from forming the needed mens rea.

• not a defense to crimes requiring malice,

Question 5

Involuntary intoxication

Answer 5

When a person is coerced, doesnt realized they received an intoxicant or has an unexpected reaction to a medicine.

Defense to specific and general intent crimes

Question 6

Homicide Causation

Answer 6

But for cause- Victim would not have died but for the defendants act

proximate cause- must be foreseeable cause of the victim’s death. If there is an intervening cause, then may be a defense. Liablility will be cut off if third party act was not foreseeable.

Question 7

Transfereed Intent

Answer 7

Defendant acts with the intent to cause harm to one person, but causes harm to another then can still have the needed mens rea.

Question 8

Common Law Murder

Answer 8

Unlawful killing of a human being committed with malic aforethought

Question 9

Malice

Answer 9

1. Intent to kill; or
2. intent to harm; or
3. Depraved heart; or
4. Felony (BAARK) murder

Question 10

Felony Murder

Answer 10

Killing during the commission or an attempted commission of an inherently dangerous felony (BARRK)

Question 11

Defense to felonly murder

Answer 11

1. point of safety (felony is completed)
2. unforeseeable death
   3.

Question 12

Felony murder bystander

Answer 12

D not liable for a bystander killed by police or if person resisted

Question 13

Co-Felon Felony Murder

Answer 13

D not liable

Question 14

First Degree

Answer 14

premediated and deliberate

Question 14

premeditate

Answer 14

D had time to plan and reflect on the killing. Time can be brief

Question 15

Deliberate

Answer 15

D decided to kill in a cool and impassionate way

Question 16

second degree

Answer 16

homicide committed with the necesscary intent

Question 17

Voluntary Manslaughter

Answer 17

Need Provocation and no time to cool off

Question 18

Provocation

Answer 18

Reasonable person would be provoked and the defendant was provoked

Question 19

Time to cool

Answer 19

No time for an ordinary person to cool off AND D did not acctually cooled off

Question 20

Transfered provocation

Answer 20

may medicate first degree murder if D had the wrong person

Question 21

Imperfect Self Defense

Answer 21

may medicate murder to voluntary manslaughter if D used too much force or against the wrong person

Question 22

Involuntary manslughter

Answer 22

Unintentional homicide committed with criminal negligence or during an unlawful act.

need to show causation

Question 23

Criminal Negligence

Answer 23

A grossly negligent act that puts another at a significant risk of death and aware of the risk

Question 24

Criminal Battery

Answer 24

Unlawful application of force to another person that causes bodily harm or offense touching

Question 25

Criminal Assult

Question 26

Kidnapping

Answer 26

Unlawful confinement of a person against their will AND moving or hiding the victim.

If moving was a commission of another crime then have to move extra far to consider kidnapping as well

Question 27

False imprisonment

Answer 27

Unlawful confinement of another person without consent

Question 28

Larceny

Answer 28

Taking another person’s property without his consent and with the
intent to deprive permanently at the time of taking

Question 29

Embezzelment

Answer 29

Fradulent conversion of the property of another that was originally in lawful possession of the property

Question 30

False pretense

Answer 30

Occurs when D obtains title of the property of another through reliance on the false representation of material fact made by D with the intent to defraud

must know representation of false and have intent to defraudob

Question 31

Robbery

Answer 31

Larceny + Assault

Taking of another person’s property without his consent with intent to permanently deprive and the taking occurs from the victim’s person or in his presence and either by violence or putting the victim in fear of imminent physical harm

Question 32

Bulgary

Answer 32

Breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony inside.Re

Question 33

Receipt of Stollen Property

Answer 33

(1)Receiving control of stolen property
(2) knowledge that the property is stolen and
(3) intent to permantly deprive the owner of the property

Question 34

Conspiracy

Answer 34

(1) Agreement
(2) between 2 or more people to
(3) commit an unlawful purpose
(4) with the intent to accomplish that purpose
(5) overt act

Question 35

Attempt

Answer 35

(1) substantial steps towards the commission of a crime AND (2) the specific intent to commit the crime

Question 35

Withdrawl

Answer 35

After agreement but before overt act, can withdraw and not be guilty.

2 ways

1. communicate notice to co-conspirators that pulling out
2. notify police

Question 36

Abandonment

Answer 36

At CL, once the D has taken a substantial step to complete the crime, the crime can not be abandoned.

Some states do allow voluntary abandonment as a defense.

Not voluntary if motivated to avoid detection.

Question 37

Self Defense

Answer 37

Use of reasonable force to protect someone at a reasonable time.

Can only use deadly force if met with that.

Retreat is not required.

Question 38

Initial Agressor

Answer 38

Initial Agressor can use self defense if they initially were using non deadly force but was met with deadly force

or if agressor completely withdraws and communicats that to victim then the other person comes after them then can use self defenseI

Question 39

Imperfect self defense

Answer 39

Unreasonably use deadly force then can medicate a second degree to involuntary manslaughter

Question 40

Defend Others

Answer 40

A person has the right to defend others with the same force they are being met with

Question 41

Duress

Answer 41

A third’s party unlawful threat that (1) caused the D to reaosnable believe the only way for them to avoid death or serious bodily injury is for them to violate the law. (2) causes them to violate the law.

Defense to some crimes, not to intentional homicide but maybe criminally negligent homicide.

Question 42

Insanity Rule Statement

Answer 42

In the majority of jurisdictions, the defendant has the burden of proving insanity. The level of proof required in this jurisdiction is a preponderance of the evidence. Insanity includes mental abnormalities that may affect legal responsibility.