Criminal Law

Question 1

What is murder under Common Law?

Answer 1

Murder is the unlawful killing of a person with malice aforethought. Malice aforethought can be established by: (a) intent to kill; (b) intent to inflict great bodily injury; (c) reckless disregard of an extreme risk to human life; or (d) intent to commit a felony under the Felony Murder Rule.

Question 2

What can reduce murder to Voluntary Manslaughter?

Answer 2

Murder may be reduced to Voluntary Manslaughter if there was adequate provocation.

Question 3

How is murder divided in some jurisdictions?

Answer 3

Some jurisdictions divide murder into degrees:

1. First-Degree Murder is a willful, deliberate, and premeditated killing
2. Second-degree murder is an unlawful killing with malice aforethought

Question 4

What is the doctrine of transferred intent?

Answer 4

Under the doctrine of transferred intent, if a defendant intends to kill one person but mistakenly kills another, their intent is transferred to the actual victim, and the defendant will be liable for their death.

Question 5

What is the Felony Murder Rule?

Answer 5

Under the Felony Murder Rule, all participants of a felony can be found guilty of murder if a person is killed while committing or attempting to commit a felony.

The rule may extend to a death caused by officers or bystanders.

Liability ends once the participant has reached a place of temporary safety.

Question 6

What constitutes 1st degree murder under the Felony Murder Rule?

Answer 6

Under the Felony Murder Rule, a death resulting from an inherently dangerous felony constitutes 1st degree murder.

Inherently dangerous felonies include burglary, arson, rape, robbery, or kidnapping. BARRK

Question 7

What is Voluntary Manslaughter?

Answer 7

Voluntary manslaughter is an intentional killing without malice aforethought due to adequate provocation.

Question 8

What establishes adequate provocation?

Answer 8

Adequate provocation is established if: (1) the defendant was provoked; (2) a reasonable person would have been provoked; (3) there was not enough time to cool off; and (4) the defendant did not cool off before the killing.

Question 9

What is Involuntary Manslaughter?

Answer 9

Involuntary manslaughter is an unintentional killing committed recklessly, under the misdemeanor-murder rule, during a non-dangerous felony, or through criminal negligence.

Question 10

What is Battery?

Answer 10

Battery is the unlawful application of force that results in injury or offensive contact.

Question 11

What is Assault?

Answer 11

Assault is either an attempted battery or the intentional creation of a reasonable apprehension of imminent bodily harm.

Question 12

What is Kidnapping under Common Law?

Answer 12

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

Question 13

What is False Imprisonment?

Answer 13

False imprisonment involves the unlawful confinement of a person against their will.

Question 14

What is Larceny?

Answer 14

Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner.

Question 15

What is Larceny by Trick?

Answer 15

Larceny by trick occurs when one obtains possession of another’s property by deception.

Question 16

What are False Pretenses?

Answer 16

False pretenses occur when one obtains title to personal property through a known false statement of material fact with intent to defraud.

Question 17

What is Embezzlement?

Answer 17

Embezzlement is the fraudulent conversion of personal property by a person with lawful possession of the property.

Question 18

What constitutes Receiving Stolen Property?

Answer 18

Receiving Stolen Property occurs when a person receives stolen property knowing it is stolen, with intent to permanently deprive the owner.

Question 19

What is Robbery?

Answer 19

Robbery is the trespassory taking of personal property from another in their presence by use of force or threat of immediate harm.

Question 20

What is Burglary?

Answer 20

Burglary is the breaking and entering of a dwelling at night for the purpose of committing a felony.

Question 21

What is Extortion?

Answer 21

Extortion is illegally obtaining property by force or threats.

Question 22

What is the Continuing Trespass Doctrine?

Answer 22

The continuing trespass doctrine states that a trespass continues until intent to permanently deprive arises.

Question 23

What constitutes Attempt?

Answer 23

A person is guilty of attempt if they had specific intent to commit a crime and took a substantial step toward its completion.

Question 24

What is Conspiracy?

Answer 24

Conspiracy requires an agreement between two or more people to pursue an unlawful objective and an overt act in furtherance of that objective.

Question 25

What is Solicitation?

Answer 25

A person is guilty of solicitation if they request another to commit a crime with the intent that the crime be committed.

Question 26

What is Accomplice Liability?

Answer 26

An accomplice aids or facilitates a crime and is liable for all crimes committed by the principal and foreseeable crimes.

Question 27

What is Accessory After the Fact?

Answer 27

A person is an accessory after the fact if they knowingly aid a felon in escaping arrest or punishment.

Question 28

What is Legal Impossibility?

Answer 28

Legal impossibility is a defense when the defendant's acts would not have constituted a crime, even if assumed otherwise.

Question 29

What is Factual Impossibility?

Answer 29

Factual impossibility is NOT a defense; it occurs when the defendant's acts would have constituted a crime but for unknown circumstances.

Question 30

What is a Mistake of Fact?

Answer 30

A mistake of fact is a defense if it negates the required state of mind for the offense.

Question 31

What is a Mistake of Law?

Answer 31

A mistake of law is generally NOT a defense to a crime.

Question 32

What are the four tests for the Insanity Defense?

Answer 32

The four tests are: M’Naghten Test, Model Penal Code Test, Irresistible Impulse Test, and Durham Test.

Question 33

What is Voluntary Intoxication?

Answer 33

Voluntary intoxication is a defense to specific intent crimes if it negates the required state of mind.

Question 34

What is Involuntary Intoxication?

Answer 34

Involuntary intoxication is a defense to all crimes if the defendant is deemed insane at the time of the offense.

Question 35

What is Self-Defense?

Answer 35

Self-defense is a complete defense when the use of force is reasonable and proportional to the threat.

Question 36

What is the duty to retreat?

Answer 36

In some jurisdictions, there is a duty to retreat before using deadly force, requiring the defendant to show no opportunity to retreat.

Question 37

What justifies the use of deadly force?

Answer 37

The use of deadly force is justified when (1) the defendant kills another based on a reasonable belief, (2) that he was in imminent danger of being killed or suffering great bodily injury, AND (3) the use of deadly force was necessary to defend against the danger.

Question 38

Is there a duty to retreat before using deadly force?

Answer 38

In a minority of jurisdictions, there is a duty to retreat before deadly force may be used. The defendant must show that: (a) there was no opportunity to retreat; OR (b) retreat could not have been accomplished safely. There is NO duty to retreat if the defendant was attacked in her own home.

Question 39

When can an aggressor use force in self-defense?

Answer 39

An aggressor may only use force in self-defense if: (a) he withdraws from the altercation and communicates such intent; OR (b) the other person suddenly escalates the fight with deadly force and withdrawal is not possible.

Question 40

What rules apply to the defense of others?

Answer 40

The same rules for self-defense apply to the defense of others. Most jurisdictions use two rules: 1. Steps-into-the-Shoes Rule – Defendant steps into the shoes of the person being attacked and MAY use force if the person being attacked could have acted in self-defense. 2. Reasonable-Appearance Rule – Defendant can use force if he reasonably (but mistakenly) believed the person being attacked had the right to act in self-defense.

Question 41

What is imperfect self-defense?

Answer 41

Imperfect self-defense is a mitigating defense to murder that can reduce a murder charge to voluntary manslaughter. It applies when the defendant kills based on a good faith belief that (1) she was in imminent danger of being killed or suffering great bodily injury; AND (2) the use of deadly force was necessary; BUT (3) at least one belief was unreasonable.

Question 42

What is entrapment?

Answer 42

Entrapment is an affirmative defense where the defendant must prove by a preponderance of the evidence that: (1) the police created the criminal environment; AND (2) the defendant was not predisposed to commit the crime.

Question 43

What constitutes a lack of predisposition in entrapment?

Answer 43

A lack of predisposition occurs when the defendant was not intending to commit the crime but did so only because the police applied pressure or other unfair deceit.

Question 44

What is the affirmative defense of duress?

Answer 44

The affirmative defense of duress excuses a defendant’s conduct if it was the result of (1) a threat of imminent death or serious bodily injury, (2) to the defendant or another, AND (3) the defendant reasonably believed he was unable to avoid the harm by non-criminal conduct.

Question 45

When is the duress defense not available?

Answer 45

In most jurisdictions, the duress defense is NOT available for intentional killings, but it is a defense to felony murder.