Criminal Law

Question 1

Three elements of criminal offenses

Answer 1

Actus reus (wrongful act)
mens rea (guilty mind)
Causation (actual and proximate)

Question 2

Model Penal Code Mens Reas

Answer 2

Purposely
Knowingly or willfully
Recklessly
Negligently

Question 3

Three types of crimes

Answer 3

specific intent
general intent
malice

Question 4

Specific intent crimes

Answer 4

Require subjective desire, specific objective, or knowledge to accomplish a prohibited result.

FIAT
- first-degree murder
- inchoate offenses (attempt, solicitation, conspiracy)
- assault with intent to commit battery
- theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery)

Defenses: can include unreasonable mistake of fact and voluntary intoxication, if interfere with required intent

Question 5

General intent crimes

Answer 5

Require only intent to perform an unlawful act.

Include: battery, rape, kidnapping, false imprisonment

Defenses CANNOT include unreasonable mistake of fact or voluntary intoxication

Question 6

Malice Crimes

Answer 6

Require reckless disregard of a high risk of crime. (Can be satisfied by actual intent, but only requires criminal act without excuse, justification, or mitigation.)

Include: common law murder, arson

Question 7

First Degree Murder

Answer 7

Statutorily created category of murder that is deliberate and premeditated.
!!!! SPECIFIC INTENT CRIME !!!!

(Can also statutorily include felony murder)

Question 8

Deliberate (first degree murder)

Answer 8

Defendant made decision to kill in a cool and dispassionate manner.

Question 9

Premeditated (first degree murder)

Answer 9

Defendant had enough time to reflect on idea of or plan the killing. (Can be brief)

Question 10

Common Law Murder

Answer 10

Unlawful killing of a human being committed with “malice aforethought.” Malice aforethought can be found if the killing is committed with any of the following four mental states:
- intent to kill
- intent to inflict great bodily injury
- reckless indifference to unjustifiably high risk to human life
- felony murder

Question 11

Felny Murder

Answer 11

A defendant can be found guilty for an unintended and foreseeable killing that is proximately caused by or during the commission or attempted commission of an inherently dangerous felony.

These include: BARRK
- burglary
- arson
- robbery
- rape
- kidnapping

Question 12

Limitiations on felony murder

Answer 12

Death of a bystander at hands of police officer or victim: D not liable under majority rule

Death of co-felon at hands of police officer or victim: D generally not guilty

Point of safety: killing occurs after commission of felony is complete and D reached place of safety—FMR does not apply

Question 13

Second degree murder

Answer 13

Statutory version of common law murder

Question 14

Voluntary manslaughter

Answer 14

Homicide committed with malice aforethought, but with mitigating circumstances. REQUIRES:

1. A provocation that would arouse a sudden and intense passion in the mind of an ordinary reasonable person.
2. D was actually provoked.
3. There was not sufficient time for an ordinary person to cool off.
4. D did not cool off.

Question 15

Imperfect defense

Answer 15

murder may be reduced to voluntary manslaughter if D believed force was appropriate for defense even though it wasn’t

Question 16

Involuntary manslaughter

Answer 16

An unintentional homicide committed with criminal negligence or while engaging in an unlawful act.

Criminal negligence = gross negligence that puts another person at serious risk of harm or death (a little less than depraved heart)

Unlawful act = killing committed in commission of malum in se misdemeanor like assault, battery, or commission of lesser felony

Question 17

Battery

Answer 17

Intentional, unlawful application of force to another person that causes harmful or offensive touching. (General intent crime)

Question 18

Assault

Answer 18

Either i) attempted battery or ii) intentionally placing one in apprehension of imminent bodily harm.

attempted battery = specific intent
fear of harm = general intent

Question 19

False imprisonment

Answer 19

Unlawful confinement of another without consent by force or threat.

Question 20

Kidnapping

Answer 20

Unlawful confinement without consent by force and threat AND moving or hiding the victim.

Question 21

Theft Crimes

Answer 21

All are specific intent.

Larceny
Embezzlement
Robbery
Burglary
False Pretenses
Larceny by Trick
Forgery
Arson
Perjury
Receiving Stolen Goods

Question 22

Larceny

Answer 22

i) trespassory
ii) taking and carrying away
iii) the personal property of another
iv) with specific intent to permanently deprive

Question 23

Embezzlement

Answer 23

Fraudulent conversion of the property of another by one who has lawful possession.

Question 24

Robbery

Answer 24

A larceny from another’s person committed by force or intimidation.

Assault and battery and larceny merge into robbery

Question 25

False pretenses

Answer 25

Obtaining title to property of another by fraud or deception.

Question 26

Larceny by trick

Answer 26

Larceny by fraud or deception resulting in the conversion of another’s property. (Victim delivers possession of, but not title to, property.)

Question 27

Forgery

Answer 27

Making of false writing with apparent legal significance and with intent to defraud.

Question 28

Arson

Answer 28

Malicious burning of the dwelling (structure) of another.

Question 29

Perjury

Answer 29

After promise to tell the truth, willfully makes false statement about a material matter.

Question 30

Receiving Stolen goods

Answer 30

Receiving control of stolen property, knowing it is stolen on receipt, and with intent to permanently deprive.

Question 31

Inchoate Crimes

Answer 31

All are specific intent! CATS - conspiracy - attempt - solicitation Note solicitation and attempt merge into crime, but conspiracy doesn't.

Question 32

Solicitation

Answer 32

Occurs when a person entices, encourages or asks another person to commit a crime with specific intent that the other person does commit the crime. Agreement not required! Crime happens the moment of the ask/enticement

Question 33

Attempt

Answer 33

Requires specific intent to commit the crime and a substantial step beyond mere preparation. Note you can't attempt something that's not a crime.

Question 34

Conspiracy

Answer 34

Agreement (express or implied) between two or more persons to accomplish an unlawful purpose with specific intent to agree and commit the criminal objective. MPC allows unilateral. Liability = all foreseeable crimes in furtherance of conspiracy (but if unknown person, examine nature of relationships)

Question 35

Withdrawal from Conspiracy

Answer 35

Withdrawal if before overt act If withdraw after overt act, can avoid liability for crime (and related crimes), but not conspiracy

Question 36

Parties to Crime

Answer 36

Principals, Accomplices, Accessory After the Fact

Question 37

Principal

Answer 37

Perpetrator who commits required act or omission.

Question 38

Accomplice

Answer 38

Person who, with requisite mens rea, aids or abets a principal prior to or during commission of crime. Mens rea: Majority approach = acts with purpose of promoting or facilitating the commission of the offense; minority approach = looser (merely voluntary act) Liability: Responsible for crime to same extent as principal, including crimes that are the natural and probable consequences of accomplice’s conduct

Question 39

Accomplice withdrawal

Answer 39

i) Repudiate prior aid ii) Do all that is possible to countermand prior assistance; and iii) Withdraw before chain of events is in motion and unstoppable

Question 40

Accessory after the fact

Answer 40

Person who aids or assists a felon in avoiding apprehension or conviction after commission of felony can be liable for “obstruction of justice” or the like. Requires: i) Knowledge felony was committed ii) Act specifically to aid or assist the felon iii) Give aid or assistance to help avoid apprehension or conviction.

Question 41

Insanity defenses (four tests)

Answer 41

MNagthen Irresistible Impulse Durham MPC

Question 42

M'Naghten

Answer 42

D is not guilty if cannot know either i) the nature and quality of the act or ii) the wrongfulness of the act

Question 43

Irresistible Impulse

Answer 43

D is not guilty if he lacks the capacity for self control and free choice because mental disease prevents him from conforming conduct to the law

Question 44

Durham

Answer 44

D is not guilty if unlawful act was product of mental disease and would not have been committed but-for disease (BUT FOR TEST)

Question 45

MPC insanity test

Answer 45

D is not guilty if he did not have substantial capacity to appreciate wrong OR conform conduct to the law (combines m'naghten and irresistible impulse)

Question 46

Intoxication as defense

Answer 46

voluntary: only defense for specific intent crimes, if prevents forming requisite intent involuntary

Question 47

Self-defense

Answer 47

Use of reasonable force to protect oneself. (Must be proportionate—deadly force only for deadly force.)

Question 48

Duress

Answer 48

If third party’s unlawful threat causes D to reasonably believe the only way to avoid death or serious bodily injury to D or another is to violate the law, and D does so, D can claim duress. Fear of harm must be actual and reasonable. Not a defense to murder, but can bring down from felony murder.