CRIMINAL LAW

Question 1

components of a crime

Answer 1

actus reus
mens rea

Question 2

actus reus

Answer 2

voluntary, affirmative, wrongful act/conduct; OR
failing to act when a duty exists

Question 3

elements of a criminal act

Answer 3

physical
voluntary

Question 4

physical act

Answer 4

speech
possession of object
omission

Question 5

what is NOT voluntary

Answer 5

person is:
unconscious
sleep
hypnotized

Question 6

when may a duty to act exist?

Answer 6

statute
contract
special relationship
detrimental undertaking
causation

Question 7

who does NOT have a duty to act?

Answer 7

bystanders

Question 8

mens rea

Answer 8

person’s mental state/guilty mind

Question 9

levels of culpability

Answer 9

purposely
knowingly
recklessly
negligently

Question 10

purposely

Answer 10

person had conscious objective to engage in the conduct/cause a certain result

Question 11

knowingly

Answer 11

person is aware/knows that the result is practically certain to occur based on their conduct

Question 12

recklessly

Answer 12

person acts with a conscious disregard of substantial and unjustifiable risk that a material element of a crime exists/results from conduct

Question 13

negligently

Answer 13

person should have been aware of a substantial and unjustifiable risk that a material element of a crime exists/results from conduct

Question 14

specific intent crime

Answer 14

defendant had a subject desire, specific objective or knowledge to commit a crime
First degree murder
Inchoate offenses
Assault with the intent to commit battery
Theft offenses

Question 15

malice crime

Answer 15

criminal act committed without excuse, justification, or mitigation
Common law murder
arson

Question 16

general intent crime

Answer 16

person intended to perform an unlawful act
Battery
Rape
Kidnapping
False imprisonment

Question 17

strict liability crime

Answer 17

does NOT require mens rea
e.g. - public welfare offense

Question 18

public welfare offense

Answer 18

conduct that seriously threatens the public’s health/safety OR is inherently dangerous

Question 19

vicarious liability crime

Answer 19

does NOT require an actus reus
e.g. - corporation criminally liable for conduct of agent or official

Question 20

mistakes as defense types

Answer 20

mistake of fact
mistake of law

Question 21

mistake of fact

Answer 21

defendant’s misunderstanding of a material fact
REASONABLE if general intent/SL crime
CAN be unreasonable if specific intent crime

Question 22

mistake of law

Answer 22

defendant’s misunderstanding of the legal effect of a known fact/circumstance

Question 23

transferred intent rule

Answer 23

when defendant acts with the intent to cause harm to a person/object and they directly harm someone else instead, defendant can be criminally liable for the harm caused
applied to homicide, battery, arson

Question 24

types of parties to a crime

Answer 24

principal
accomplice
accessory after the fact

Question 25

principal

Answer 25

perpetrator of the crime actually or constructively present

Question 26

accomplice

Answer 26

person who aids/abets a principal before or during commission of a crime responsible for crime to same extent as principal if accomplice's aid is natural and probable conseqs of their actions 2nd degree principal if physically present accessory before the fact if constructively present

Question 27

how can an accomplice withdrawal?

Answer 27

repudiate prior aid do everything to countermand their help accomplish that before the chain of events is in motion and unstoppable

Question 28

accessory after the fact

Answer 28

person who aids/assists a felon in avoiding apprehension/conviction after a felony was committed

Question 29

misprison

Answer 29

failure to report or hiding a known felon

Question 30

compounding a crime

Answer 30

person received valuable consideration for agreeing not to prosecute a crime

Question 31

factors that influence responsibility

Answer 31

Insanity Intoxication Infancy

Question 32

insanity

Answer 32

person's mental disease makes them NOT criminal liable for their actions MUST have been present at the time the crime was committed

Question 33

tests for insanity

Answer 33

M'Naughten test irresistible impulse Durham rule MPC test

Question 34

M'Naughten test

Answer 34

mental disease caused person to not realize what they were doing was wrong

Question 35

irresistible impulse

Answer 35

person's mental disease makes them unable to conform their conduct to follow the law

Question 36

Durham rule

Answer 36

but for having the mental disease, the person would NOT have committed the crime

Question 37

MPC test

Answer 37

M'Naughten + irresistible impulse

Question 38

intoxication

Answer 38

person using alcohol or drugs diminished their physical or mental control, so they are NOT criminally responsible for their actions

Question 39

types of intoxication

Answer 39

voluntary and involuntary

Question 40

voluntary intoxication

Answer 40

person intentionally took an intoxicating substance

Question 41

involuntary intoxication

Answer 41

person takes substance without knowing that it is intoxicating OR takes the substances under duress

Question 42

infancy

Answer 42

a child CANNOT be held criminally liable until they are 11+ years old (depends on jurisdiction)

Question 43

types of crimes

Answer 43

felony - punishable by more than 1 year in prison misdemeanor - punishable by less than 1 year in prison

Question 44

homicide

Answer 44

killing of one person by another causation can be actual or proximate

Question 45

types of homicide

Answer 45

murder manslaughter

Question 46

murder

Answer 46

unlawful killing of another person with malice aforethought

Question 47

types of murder

Answer 47

depraved heart felony murder

Question 48

first degree murder

Answer 48

delibera