Criminal Law

Question 1

Actus Reus

Answer 1

a voluntary, affirmative act or an omission when a duty exists causing a criminally proscribed result

Question 2

Duty to act

Answer 2

imposed by statute
contract
special relationship
detrimental undertaking
causation

Question 3

Specific Intent Crimes

Answer 3

[FIAT]
first degree murder
inchoate crimes
assault with intent to commit battery
theft offenses

Question 4

Malice crimes

Answer 4

common law murder, arson
reckless disregard of a high risk of harm

Question 5

General Intent crimes

Answer 5

battery, rape, kidnapping, false imprisonment
requires the intent to perform the unlawful act
purposely, knowingly, recklessly, or negligently

Question 6

Principal to a crime

Answer 6

perpetrator who committs the required act or omission, can be more than one

Question 7

accomplice

Answer 7

acts with the requisite mens rea to aid the principal before or during the commission of a crime
-liability is for the planned and other foreseeable crimes
defense: withdrawal requires repudiation of aid and to do so before events are unstoppable

Question 8

Accessory after the fact

Answer 8

acts with intent to assist the principal to avoid apprehension after the felony is complete
liability is for obstruction of justice, not the principals crime

Question 9

Merger

Answer 9

Solicitation or attempt merge into the target crime if it is completed
cannot be convicted of both solicitation or attempt and the completed crime

Question 10

Solicitation

Answer 10

to invite or urge another to commit a crime with the intent the party do so
no return agreement is required; if return agreement obtained, both guilty of conspiracy through merger, not solicitation

Question 11

Attempt

Answer 11

specific intent to commit a crime + substantial step beyond mere preparation or dangerous proximity
defense: legal impossibility and defenses to formation of specific intent

Question 12

Conspiracy

Answer 12

agreement (express or implied) between two or more persons
Modern trend/mpc: unilateral conspiracy okay
intent to achieve unlawful purpose
Overt act in furtherance
Defense: withdrawal before overt act, if after can only avoid liability for the crime, not the conspiracy
liability: for all foreseeable crimes in furtherance of the conspiracy, liability for co-conspirators depends on whether it was a chain or hub/spoke relationship

Question 13

Common Law Murder

Answer 13

Common law Murder is the killing of another human being with malice aforethought.
Malice: intent to kill (show causation), intent to cause serious bodiliy injury, reckless disregard to human life, felony murder

Question 14

Felony murder

Answer 14

killing during an inherently dangerous felony (burglary, arson, rape, robbery, kidnapping)
must show elements of the felony and that death was reasonably foreseeable (proximate cause)
Agency theory: D not responsible for death caused by victim or police

Question 15

First Degree Murder

Answer 15

Murder that is premediated and deliberate
premeditated: had time to reflect
deliberate: cool and dispassionate

Question 16

Second degree murder

Answer 16

same as common law murder

Question 17

Voluntary Manslaughter

Answer 17

murder comitted in response to adequate provocation/heat of passion
the events must have provoked a reasonable person with no chance to cool off
imperfect self defence can mitigate murder to voluntary manslaughter

Question 18

Involuntary manslaughter

Answer 18

unintentional killing caused by criminal negligence or during an unlawful act

Question 19

Criminal Battery

Answer 19

Intentional unlawful application fo force to another that causes harmful or offensive touching

Question 20

Criminal Assault

Answer 20

Attempted battery or intentinoally placing on in the apprehension of imminent bodily harm

Question 21

False Imprisonment

Answer 21

unlawful confinement of another without consent by force or threat

Question 22

Kidnapping

Answer 22

unlawful confinement without consent by force or threat + moving or hiding the victim

Question 23

Larceny

Answer 23

Trespassory aking and carrying away of the personal property of another with the intent to permanently deprive them of such property

Question 24

Larceny by trick

Answer 24

Larceny accomplished by fraud or deceit (victim delivers possession but not title to)

Question 25

Forgery

Answer 25

Making of a false writing with apparent legal significance with the intent to defraud

Question 26

Embezzlement

Answer 26

fraudulent conversion of property of another by a person who is in lawful possession of the property

Question 27

False pretenses

Answer 27

obtaining titel to the property of another by fraud or deception

Question 28

Robbery

Answer 28

trespassory taking and carrying away of another persons property with the intent to permanently deprive them from the other person’s body or presence by using force or intimindation

Question 29

Burglary

Answer 29

Breaking and entering into a dwelling of another at night with the intent to commit a felony therein (modern statute eliminates night time, and dwelling)

Question 30

Arson

Answer 30

malicious burning of the dwelling of another (MPC changes to structure)

Question 31

Receipt of stolen property

Answer 31

recieving control of stolen property, knowing it is stolen, and with intent to permanently deprive

Question 32

Mistake of fact

Answer 32

if honest and reasonble: negates specific intent, general intent and malice crimes
If not reasonable: only negates specific intent

Question 33

Mistake of law

Answer 33

generally no defense unless mistaken about an element that negates intent, or if the person has relied on government interpretation that later changes

Question 34

Insanity

Answer 34

M’Naugten: did not know either the nature or the wrongfulness of the act
Irresistable Impulse; lacks cpaacity for self control to conform conduct to the law
Durham: would not have committed the crime but for the mental defect
MPC: lacked capacity to understant the wrongfulness or to conform conduct due to mental disease

Question 35

Intoxication

Answer 35

Voluntary: applies to negate specific intent only, but does not apply at all if you get drunk after forming the intent
Involuntary: applies to negate specific intent, general intent, malice, and voluntary acts

Question 36

Self defense

Answer 36

can use non-deadly force if faced with non-deadly force
can only use deadly force if you reasonable believe there is risk of death
Retreat: generally no duty to retreat
An aggressor can only use self defense if the other party escaltes the force or the agressor withdrew

Question 37

Defense of others

Answer 37

the right to use force to defend others exists to the extent the victim would be allowed to use force to defend themselves

Question 38

Defense of property

Answer 38

may use non deadly force if reasonbly necessary to immediately protect property, cannot be disproportionate,
deadly force only okay to prevent forcible entry

Question 39

Duress

Answer 39

threat of death or bodily injury forced D to commit a crime, does not apply to murder

Question 40

Necessity

Answer 40

forces of nature caused D to commit what would otherwise be a crime

Question 41

Entrapment

Answer 41

D would not have committed the crime except for trickery/fraud of law enforcement