Criminal Law

Question 0

Renunciation of Criminal Purpose (2 Elements)

Answer 0

Is an affirmative defense of an attempt if one (1) abandons the effort to commit crime or otherwise prevented its commission (2) manifesting a complete and voluntary renunciation of criminal purpose

Question 1

Actus reus + Mens rea + Causation

Answer 1

Crime - Defense

Question 2

Burglary (4 Elements)

Answer 2

(1) Breaking and entering; (2) the dwelling place of another; (3) at night; (4) with the intent to commit a felony therein

Question 3

Larceny (4 Elements)

Answer 3

(1) Taking; (2) Asportation (carrying away); (3) Property of another (thing of value); (4) with intent to permanently deprive

Question 4

Rule of Lenity

Answer 4

(1) Where a statute is ambiguous, (2) the benefit of the doubt is given to the Defendant.

Question 5

General Intent

Answer 5

Intent to do physical acts that constitute a crime without further intent to achieve the consequences

Question 6

Specific Intent

Answer 6

Intent to further a consequence or to cause the harm/result

Question 7

MPC General Requirements of Culpability

Answer 7

Negligently, Recklessly, Knowingly, and Purposely

Question 8

Strict Liability

Answer 8

No Mens Rea requirement for liability. MPC - only when there is no possibility of jail time

Question 9

Interpreting Strict Liability (7 factors)

Answer 9

(1) public welfare offenses; (2) when statutory crimes are not derived From common law; (3) there is a legislative policy that would be undermined by requiring a mens rea; (4) defendant is in best position of preventing the harm; (5) standard imposed by the statute is reasonable; (6) conviction rarely damages reputation of violator; (7) penalty is often small

Question 10

Void for Vagueness

Answer 10

Under the 5th and14th Amendments Due Process clause, vague statutes can be voided. Crimes must be clearly defined to provide adequate notice to potential violators

Question 11

Void for Proportionality

Answer 11

Under the 8th Amendment’s “cruel and unusual punishment” clause a statute can be voided if the punishment is disproportionate to the crime.

Question 12

As Applied Challenge

Answer 12

Challenges a law under certain circumstances

Question 13

Facial Challenge

Answer 13

Challenges a law’s validity under all circumstances

Question 14

Exculpatory-No Doctrine

Answer 14

an individual cannot be charged with making a false statement if the statement is a false denial of guilt made in response to a federal investigator’s question

Question 15

Rule of Lenity

Answer 15

If there exists an ambiguous statute (textually) the benefit of the doubt goes to the defendant. Purpose of the rule – (a) separation of powers; (b) providing notice to citizens

Question 16

Purposely

Answer 16

Person acts purposely with respect to a material element of an offense when: It is his conscious object to engage in conduct that would cause such a result. He is either aware of circumstances which would achieve illegal result, or he believes or hopes that they exist

Question 17

Knowingly

Answer 17

Person acts knowingly with respect to a material element of an offense when:

a. He is aware that his conduct is of an illegal nature, or that attendant circumstances exist
b. He is aware that it is a practical certainty that his conduct will cause the illegal result

Question 18

Recklessly

Answer 18

Person acts recklessly with respect to material element of an offense when:

a. He consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct
b. Disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in same situation

Question 19

Negligently

Answer 19

a person acts negligently with respect to a material element of an offense when:

a. He should be aware of a substantial and unjustifiable risk
b. Risk is of such a nature and degree that the actor’s failure to perceive it involves a gross deviation from the standard of care that a reasonable person would observe in same situation

Question 20

If MPC law doesn’t specify the intent…

Answer 20

Assume Recklessly

Question 21

Attempt Crimes – 2 Elements

Answer 21

It must be shown that (1) defendant had the kind of mental state required for the commission of the crime (Mens Rea); and (2) requires a substantial step (Actus Reus)

Question 22

Substantial step

Answer 22

Conduct that is strongly corroborative of the crime

Question 23

7 Examples of a Substantial Step

Answer 23

(1) Lying in wait, (2) enticing or seeking to entice victim, (3) reconnoitering, (4) unlawful entry, (5) possession of materials, (6) collection or fabrication of materials, and (7) soliciting an innocent agent.

Question 24

Abandonment Defense

Answer 24

(1) Complete and (2) Voluntary abandonment of the criminal enterprise.
 Not sufficient to postpone or stop because crime becomes more dangerous or detectable

Question 25

Accomplice liability (AKA Aiding and Abetting or Complicity) – 2 Elements

Answer 25

Requires that defendant (1) solicit, conspire, or attempt to aid (Actus Reus); and (2) acts for the purpose of promoting or facilitating the commission of the crime (Mens Rea).
o Can’t be liable if mens rea is reckless or negligence
 NO AGREEMENT NECESSARY

Question 26

Abandonment Defense (Accomplice) 2 Elements

Answer 26

(1) stop aid; and (2) eliminate effectiveness of aid, or warn law enforcement

Question 27

Conspiracy (3 Elements)

Answer 27

Established when defendant, for the (1) purpose of promoting or facilitating commission of the crime (Mens Rea), (2) agrees or agrees to aid in planning, commission, solicitation, or intent of the crime; and (3) must be an overt act in pursuance of its commission

Question 28

8 Conspiracy Factors

Answer 28

(1) sales on credit, (2) intimacy or pre-existing relationship, (3) mutual trust or dependence, (4) receiving part of the profits, (5) stimulation or encouragement, (6) or warning of dangers of detection. (7) establishing a delivery system, (8) looking for other customers

Question 29

Pinkerton rule

Answer 29

Conspirators can be held liable for crimes of co-conspirators if: (1) The crimes were committed in furtherance of the objective of the conspiracy; and (2) The crimes were a “natural and probable consequence” of the conspiracy (were foreseeable)

Question 30

Wharton Rule

Answer 30

where two or more people are necessary for the commission of the crime, there is no crime of conspiracy unless more parties participate in the agreement than are necessary for the crime.

Question 31

Merger Rule

Answer 31

One cannot be convicted of both an attempt crime and the completion of that same crime. Does not apply to conspiracy

Question 32

Abandonment Defense (Conspiracy)

Answer 32

Conspirator must thwart the crime.

Question 33

Solicitation

Answer 33

(Specific Intent) Crime is completed the moment the solicitation occurs

Question 34

Mistake of Fact (MPC)

Answer 34

Not a defense unless it negates the Mens Rea of the crime

Question 35

Mistake of Law

Answer 35

Not a Defense

Question 36

Mistake of Fact (Common Law)

Answer 36

General Intent - mistake must be honest and reasonable

Specific Intent - mistake only need be honest

Question 37

Vandalism (3 Elements)

Answer 37

(1) intentional; (2) physical damage; (3) to the property of another
o Damage can be: polluting, contaminating, or destroying

Question 38

Strict Liability (7 factors)

Answer 38

1) public welfare offenses; 2) when statutory crimes are not derived from common law; 3) there is a legislative policy that would be undermined by requiring a mens rea; 4) defendant is in the best position of preventing the harm; 5) standard imposed by the statute is reasonable; 6) conviction rarely damages reputation of violator; 7) penalty is often small

Question 39

Larceny (Specific Intent) (4 Elements)

Answer 39

(1) Taking; (2) carrying away; (3) Property of another (thing of value); and (4) with intent to permanently deprive

Question 40

Robbery (Specific Intent) (5 Elements)

Answer 40

(1) Taking; (2) carrying away; (3) property of another; (4) intent to permanently deprive; and (5) force or threat of force

Question 41

Embezzlement (3 Elements)

Answer 41

(1) fraudulent conversion; (2) of property of another; (3) by person in lawful possession of that property

Question 42

Fraud (5 Elements)

Answer 42

(1) fraudulent statement; (2) of material fact; (3) victim relies; (4) causes victim’s loss; (5) and defendant’s gain
o Promises of future performance do not constitute fraud

Question 43

Burglary (Specific Intent) (5 Elements)

Answer 43

(1) Breaking; (2) Entering; (3) Dwelling of another; (4) at Night; and (5) with the intent to commit a felony therein

Question 44

Constructive Possession 3 Elements

Answer 44

(1) Intent to exercise control & dominion over drugs. Connection between person & drugs (i.e. residue, flight or evasive behavior, paraphernalia, Defendants circumstances, inconsistency of statements, amount of money. (2) Mens Rea for illicit nature. (3) Knowledge of quantity of drugs (Depending on Jurisdiction)

Question 45

Drug Crimes

Answer 45

Require either (1) actual possession; or (2) constructive possession

Question 46

Good Faith Defense to Prescription Drug Crimes

Answer 46

Dr. prescribing excessive amounts of prescription drugs is not a crime if the Dr. does so in good faith.

Question 47

Rape (2 Elements)

Answer 47

(1) sexual or unnatural intercourse; (2) without consent
o No resistance requirement
o General Intent
o Statutory Rape – Sex by a male with an underage girl who is not his wife
 consent not applicable, even if fraud occurs

Question 48

Voluntary Manslaughter (4 Elements)

Answer 48

(1) reasonably provoked (subjective and objective); (2) heat of passion; (3) no time to cool off; (4) clean hands doctrine

Question 49

Adequate Provocation (4 Factors)

Answer 49

state of mind was prompted by (1) some insult, (2) provocation, or (3) injury, (4) which would naturally and instantly produce the highest degree of exasperation

Question 50

Involuntary Manslaughter (2 Factors)

Answer 50

(1) reckless homicide; (2) does not rise to the level of “depraved heart murder”

Question 51

4 types of murder

Answer 51

(1) Intent to kill; (2) Intent to commit grievous bodily harm; (3) Depraved Heart; and (4) Felony Murder

Question 52

Felony Murder (2 Elements)

Answer 52

(1) intent to commit a felony and (2) death occurs during its commission

Question 53

Enumerated Approach to Felony Murder (5 Factors)

Answer 53

requires (1) rape, (2) arson, (3) burglary, (4) robbery, or (5) kidnapping

Question 54

Negligent Homicide (2 Elements)

Answer 54

Defendant (1) should have been aware of a substantial and unjustifiable risk, and (2) failure to perceive risk is a gross deviation from standard of care a reasonable person would have exercised.

Question 55

Proximate Cause Approach

Answer 55

Felon is liable for any reasonably foreseeable acts in commission of the crime

Question 56

Agency Approach

Answer 56

Liability for actions of the agent (conspirator)

Question 57

Depraved Heart

Answer 57

(1) death occurs as a result of (2) actions which demonstrate a callous disregard for the value of human life

Question 58

Self Defense (5 Elements)

Answer 58

(1) objective belief; (2) subjective belief; (3) danger is imminent; (4) clean-hands doctrine; (5) force was proportional
i. Other Jurisdictions Require – (a) other alternatives to force, or (b) to retreat

Question 59

Castle Doctrine

Answer 59

No duty to retreat at home, unless retreating from cohabitant

Question 60

Duress (4 Elements)

Answer 60

(1) Imminent harm or threat of imminent harm; (2) which would result in serious bodily injury or death; (3) Defendant has no alternatives; and (4) Defendant must not have placed himself in that dangerous situation
i. Does not apply to murder

Question 61

Necessity (3 Elements)

Answer 61

Defendant must prove (1) The act charged was done to prevent significant evil; (2) he had no adequate alternative; (3) The harm caused was not disproportionate to the harm avoided
i. Prongs 1 and 2 only require a reasonable subjective belief by Defendant

Question 62

Factual Impossibility

Answer 62

Defendant is liable if: a circumstance unknown to Defendant makes intended crime impossible

Question 63

Failure to Act creates liability if

Answer 63

(1) special relationship exists; (2) statute dictates duty to act; (3) Contractual duty to act; (4) you created the risk; (5) voluntarily assuming the risk

Question 64

Double Jeopardy

Answer 64

5th amendment provision stating “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.”