Criminal Law

Question 1

In what ways may a state establish jurisdiction over a crime?

Answer 1

• Any act constituting an element of the offense is committed inside the state
• An act outside the state caused a result in the state
• The crime involved the neglect of a duty imposed by the law of the state
• There was an attempt or conspiracy outside the state, plus an act inside the state
• There was an attempt or conspiracy inside the state to commit a crime outside the state

Question 2

Name 5 situations that give rise to a legal duty to act in order to avoid criminal liability

Answer 2

(1) By statute
(2) By contract
(3) Duties arising based on relationships (like parents and children)
(4) By voluntary assumption of care
(5) Where the defendant created the peril that necessitates action to prevent criminal liability

Question 3

List the specific intent crimes

Answer 3

(1) Solicitation
(2) Conspiracy
(3) Attempt
(4) First Degree (premeditated) Murder
(5) Assault
(6) Larceny
(7) Embezzlement
(8) False Pretenses
(9) Robbery
(10) Burglary
(11) Forgery

Question 4

What are the elements of a Criminal Conspiracy?

Answer 4

(1) An agreement between two or more people; (2) an intent to enter into the agreement; and (3) an intent by at least two persons to achieve the objective of the agreement.

Question 5

Describe the MPC mental state of “purposely”

Answer 5

Conscious object is to engage in certain conduct, or cause a certain result

Question 6

Describe the MPC mental state of “Knowingly”

Answer 6

Aware that their conduct will likely bring about a certain result, or they consciously avoid this knowledge

Question 7

Describe the MPC mental state of “Recklessly”

Answer 7

Consciously disregard a substantial and unjustifiable risk

Question 8

Describe the MPC standard for Criminal Negligence

Answer 8

• fail to be aware of a substantial and unjustifiable risk
• Substantial deviation from the standard of care

Question 9

What is the mental state required to convict for a crime as an accomplice

Answer 9

(1) The intent to assist the principal in the commission of a crime, and
(2) the intent that the principal commits the substantive offense.

Question 10

What is required to successfully withdraw from a criminal conspiracy?

Answer 10

(1) Affirmative act that (2) notices other members (3) in time for members to abandon their plans. (4) If they are an accomplice, they must try and neutralize their assistance.

Question 11

What are the elements to the crime of solicitation?

Answer 11

(1) Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, (2) with the intent that the person solicited commit the crime

Question 12

What are the elements of a criminal Attempt?

Answer 12

(1) an act done with the intent to commit a crime, that (2) falls short of completing the crime

(Specific intent + overt act)

Question 13

For the purposes of Common Law murder, what is, “Malice”?

Answer 13

• Intent to kill
• Intent to inflict great bodily injury
• Reckless indifference to an unjustifiably high risk to human life
• Intent to commit a felony