Criminal Law

Question 1

Murder

Answer 1

• Murder is (i) the unlawful killing of a person (ii) with malice aforethought.
• Malice aforethought is:
  (a) intent to kill,
  (b) intent to inflict great bodily harm,
  (c) reckless disregard to human life, or
  (d) intent to commit a felony (felony murder rule).
• Some jurisdictions divide murder into degrees.
  First degree murder - killing with premeditation and deliberation (acting with a cool mind).
  Second degree murder - killing with malice aforethought.

Question 2

Felony Murder Rule

Answer 2

Under the Felony Murder Rule, all participants are guilty of murder if a person is killed while the participants are committing or attempting to commit a felony, even if the D did not actually kill.

Question 3

Voluntary Manslaughter

Answer 3

• Voluntary manslaughter is an intentional killing of a person without malice aforethought (there was an adequate provocation).
• An adequate provocation reduces murder to voluntary manslaughter.
• Adequate provocation is established if:
  1. the D was provoked (sudden and intense passion causing a loss of control),
  2. a resonable person would have been provoked,
  3. there was no time to cool off, and
  4. the D in fact did not cool off.

Question 4

Involuntary Manslaughter

Answer 4

Involuntary manslaughter is an unintentional killing of a person commited:
(a) recklessly, or
(b) during misdemeanor.

Question 5

Crimes against persons

Battery

Answer 5

Battery is the:
1. unlawful application of force,
2. directly or indirectly upon another person,
3. resulting in injury or offecsive contact.

Question 6

Crimes against persons

Assault

Answer 6

Assault is either:
(a) an attempted battery, or
(b) the intentional creation of a reasonable apprehension of imminent bodily harm.

Question 7

Crimes against persons

Kidnapping

Answer 7

Kidnapping is the:
1. confining, restraining, or moving of a person,
2. without authority of law.

Question 8

Crimes against persons

False Imprisonment

Answer 8

False imprisonment is the:
1. unlawful,
2. confinement of a person,
3. against their will,
4. with knowledge that the restriction is unlawful.

Question 9

Theft crimes

Larceny

Answer 9

Larceny is the:
1. unlawful taking and carrying away,
2. of the personal property of another,
4. with the intent to steal.

Question 10

Theft crimes

Larceny by Trick & False Pretenses

Answer 10

• Larceny by trick occurs when one obtains possession (not title) of the personal property of another by trick or deception.
• False pretenses occurs when one:
  1. obtains title,
  2. to personal property of another,
  3. through an intentional false statement of material fact,
  4. with intent to defraud.

Question 11

Theft crimes

Receiving Stolen Property

Answer 11

Receiving stolen property is a crime when a person:
1. knowingly receives a stolen property,
2. with the intent to permanently deprive the owner of the property.

Question 12

Theft crimes

Robbery

Answer 12

Robbery is a larceny, and in addition,
1. the property was taken from the person in their presence,
2. by force or intimidation.

Question 13

Theft crimes

Burglary

Answer 13

Burglary is the:
1. breaking and entering,
2. of a dwelling,
3. of another,
4. at night,
5. for the purpose of committing a felony inside.
* Most jurisdictions have extended burglary to include any structure at any time.

Question 14

Incomplete crimes

Attempt

Answer 14

• A person is guilty of attempt if the person:
  1. had the specific intent to commit a crime, and
  2. took an overt act (substantial step) beyond mere preparation.
• The attempt merges with the underlying crime.

Question 15

Incomplete crimes

Defenses to Attempt

Answer 15

• In most jurisdictions, withdrawal is not a defense once the D has taken a substantial step toward the crime.
• Legal impossibility is a defense to an atempt crime, but factual impossibility is not a defense.

Question 16

Incomplete crimes

Conspiracy

Answer 16

Conspiracy requires:
1. an express or implied agreement between two or more people,
2. intent to pursue an unlawful objective, and
3. an overt act in furtherance of the unlawful objective (any act, including preparation, taken by a co-conspirator is sufficient).
* Conspiracy does not merge with the completed crime, and a D can be charged with the conspiracy and the crime itself (including all foreseeable crimes committed by other co-conspirators).

Question 17

Incomplete crimes

Defenses to Conspiracy

Answer 17

Withdrawal is not a defense to the conspiracy, but is a defense for crimes committed by co-conspirators after the withdrawal.

Question 18

Incomplete crimes

Solicitation

Answer 18

A person is guilty of solicitation if:
1. he requests another person to commit a crime (or join in the commission of a crime),
2. with the intent that the crime be committed.

Question 19

Accomplice Liability

Answer 19

• An accomplice is one who aids, abets, or facilitates the commission of a crime.
• An accomplice is liable for all crimes he committed/assisted and all foreseeable crimes committed by the primary party.
• Withdrawal is a defense only if the accomplice withdraws before the crime becomes unstoppable.

Question 20

Defenses

Legal and Factual Impossibility

Answer 20

• Legal impossibility arises when the D incorrectly believes that what he is doing is criminal when it is not. This is a valid defense.
• Factual impossibility arises when the D’s intended crime is incapable of completion due to some condition unknown to the D. This is not a valid defense (eg a gun is not loaded).

Question 21

Defenses

Mistake of Fact & Law

Answer 21

• Mistake of Fact is a defense if it negates the mental state required for the crime (eg you take a jacket that you think is yours when it is not).
• Mistake of Law (not knowing the activity was illegal) is generally not a defense.

Question 22

Defenses

Self-Defense

Answer 22

• Self-defense is a complete defense to a crime.
• Non-deadly force can be used when:
  1. the D reasonably believes,
  2. that he is in imminent danger of being harmed, and
  3. the force used is proportional to the danger.
• Deadly force can be used only when:
  1. the D reasonably believes,
  2. that he is in imminent danger of being killed or suffering great bodily injury, and
  3. it is necessary to defend against the danger.

Question 23

Defenses

Defense of Others

Answer 23

The same rules for self-defense apply to the defense of others.

Question 24

Defenses

Necessity

Answer 24

Necessity may be a defense if the D reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime.
(Cannot not be used in homicide cases).