Criminal Law

Question 1

Two elements of all crimes

Answer 1

(1) Actus reus (voluntary act)

(2) Mens rea

Question 2

When does failure to act violate a duty in criminal law?

Answer 2

Duty can be imposed by:

(1) Statute imposed
(2) Contract
(3) Special relationship (parent-child)
(4) Detrimental undertaking (offering victim help)
(5) ∆ creates peril (failing to aid after causing victim’s peril)

Question 3

Specific intent crimes

Answer 3

Requires a subjective desire, objective, or knowledge.
Examples:
(1) First-degree murder
(2) Inchoate offenses (attempt, solicitation, conspiracy)
(3) Assault with intent to commit battery
(4) Theft offenses (larceny, false pretense, embezzlement, forgery, burglary, robbery)

Question 4

Malice crimes

Answer 4

Only require a reckless disregard of a high risk of harm. Requires only a criminal act without an excuse, justification, or mitigation.
(e.g., murder or arson)

Question 5

General intent crimes

Answer 5

Requires only an intent to perform an act that is unlawful. Generally done knowingly, recklessly, or negligently. 
Examples:
(1) battery
(2) rape
(3) kidnapping
(4) false imprisonment

Question 6

Accomplice liability

Answer 6

A person who (1) with intent that the crime be committed (2) aids or abets a principal prior to or during commission of a crime.

Person who is in a class protected by statute cannot be an accomplice (minor cannot help statutory rape).

Question 7

Withdrawal from accomplice liability

Answer 7

Requires:

(1) Repudiate prior act
(2) do all that is possible to countermand prior assistance
(3) must do so before the chain of events is in motion and unstoppable.

Question 8

Accessory after the fact

Answer 8

Guilty of obstruction.

Question 9

M’Naghten test for insanity

Answer 9

(1) defect of reason due to mental disease

(2) ∆ did not know the nature and quality of the act OR the wrongfulness of the act

Question 10

Irresistible Impulse test for insanity

Answer 10

(1) mental disease or defect

(2) prevented defendant from being able to conform his or her conduct to the law

Question 11

Durham Rule (But-for test) for insanity

Answer 11

(1) Mental disease or defect

(2) crime could not have been committed but-for the disease or defect

Question 12

MPC Test for insanity

Answer 12

(1) as a result of a mental disease or defect
(2) defendant did not have the substantial capacity to appreciate the wrongfulness of the act OR to conform conduct to law.

Question 13

Four tests for insanity

Answer 13

(1) M’Naghten test
(2) Irresistible Impulse test
(3) Durham Rule (but-for test)
(4) MPC test

Question 14

Voluntary Intoxication

Answer 14

Defense for specific intent crimes, but NOT general intent or crimes of malice, recklessness, or negligence.

Question 15

Involuntary intoxication

Answer 15

Defense to any crime where intoxication might negate an element of the crime.

Must show: (1) without knowledge of the intoxicating nature of the substance OR (2) took it under duress.

Question 16

Infancy defense (common law)

Answer 16

∆ cannot be convicted unless 7yo or older. If between 7 and 14, rebuttable presumption of incapability. 14 or older is tried as adult.

Question 17

Four kinds of murder

Answer 17

(1) intent to kill
(2) intent to inflict serious bodily harm
(3) depraved heart killing (Russian roulette, firing into crowd, etc.)
(4) Felony murder (“BARRK” = Burglary, Arson, Robbery, Rape, kidnapping.)

Question 18

Voluntary manslaughter

Answer 18

Intentional killing in response to adequate provocation.

Provocation = threat of serious battery or deadly force, discovery of adultery. Words are not enough. No cool-off time.

Question 19

Involuntary manslaughter

Answer 19

Unintentional killing committed with criminal/gross negligence OR when killing occurs during commission of a crime that is not a felony murder. (non-BARRK felonies)
E.g., drunk driving.

Question 20

Three major theft crimes

Answer 20

(1) larceny
(2) embezzlement
(3) false pretenses

Question 21

Larceny

Answer 21

(1) trespassory taking (if by lie = “larceny by trick”)
(2) carrying away of the property (slightest movement)
(3) of personal property
(4) of another
(5) with intent to permanently deprive that person of the property

Question 22

Embezzlement

Answer 22

(1) Fraudulent
(2) Conversion
(3) Of the property
(4) Property owned by another
(5) By someone with lawful possession of the property (distinguishes this from larceny, which is unlawful possession)

Question 23

False pretenses

Answer 23

(1) obtaining title to property
(2) of another person
(3) through reliance of that person
(4) on a known false representation of a material past or present fact (no future facts)
(5) representation is made to defraud.

Question 24

Robbery (common law)

Answer 24

(1) All elements of larceny (a) trespassory taking
(b) carrying away of the property (c) of personal property (d) of another (e) with intent to permanently deprive that person of the property
(2) Force or intimidation
(3) taking of property from the person or presence of the victim

Question 25

Burglary (common law)

Answer 25

(1) breaking in
(2) entering
(3) of a dwelling
(4) of another
(5) at night (must be at night at common law)
(6) with specific intent to commit a felony inside

Question 26

Receipt of stolen property

Answer 26

(1) ∆ receives stolen property
(2) with knowledge that the property is stolen
(3) with intent to permanently deprive the owner of the property

∆ must know the property is stollen when he receives it.

Question 27

Rape (common law)

Answer 27

(1) unlawful
(2) sexual intercourse
(3) with a female who is not one’s wife
(4) against her will by force or threat of immediate force

Question 28

Kidnapping (common law)

Answer 28

(1) unlawful
(2) confinement of a person
(3) against that person’s will
(4) coupled with movement or hiding of the person

Question 29

False imprisonment (common law)

Answer 29

(1) unlawful
(2) confinement of a person
(3) without consent.

Question 30

Arson (common law)

Answer 30

(1) malicious (no specific intent)
(2) burning
(3) of a dwelling (must be dwelling at common law, but MBE sometimes makes right answer even if not dwelling)
(4) of another

Question 31

Solicitation

Answer 31

(1) enticing, encouraging, OR advising of another
(2) to commit a crime
(3) with intent that the other person commit the crime

At common law, no renunciation defense.

Question 32

Conspiracy (common law)

Answer 32

(1) Agreement
(2) between two or more persons (but not undercover agents or those who lack capacity to agree)
(3) to accomplish an unlawful purpose
(4) with intent to accomplish that person

Withdrawal = no defense at common law.

Question 33

Conspirator liability (common law)

Answer 33

Liable for unplanned crimes if they were (1) in furtherance of the conspiracy and (2) reasonably foreseeable.

Question 34

Attempt

Answer 34

(1) specific intent to commit a crime (even if general intent crime)
(2) substantial step toward commission of the crime.

Question 35

Merger (common law)

Answer 35

Cannot charge ∆ for both underlying crime and (1) solicitation or (2) intent. CAN charge with conspiracy.

Question 36

Accomplice liability (common law)

Answer 36

(1) Assists or encourages the crime AND
(2) intends for assistance to aid or encouraging the crime.

Withdrawal: Must

(1) repudiate prior aid
(2) do all that is possible to countermand prior assistance, AND
(3) de so before the chain of events is set in motion

Question 37

Self defense (common law)

Answer 37

∆ must be resisting immediate or imminent harm to himself. Can only use reasonable force (proportional). Cannot be the initial aggressor.

Deadly force only if (1) reasonably necessary to (2) prevent death, serious injury, or commission of serious felony.

No duty to retreat at common law.

Question 38

Defense of property (common law)

Answer 38

Cannot use deadly force.

Question 39

Durress

Answer 39

(1) third-party’s threat cases
(2) ∆ to reasonably believe that only way to avoid
(3) death or serious bodily injury to himself or another is to violate the law.

Never defense to intentional murder.

Question 40

Necessity

Answer 40

Forces of nature cause ∆ to commit a crime

Question 41

Entrapment

Answer 41

Law enforcement action induces someone to commit a crime.

Majority = (1) crime was induced by government official AND (2) ∆ was not predisposed to commit the crime

Question 42

Does the “force” element in robbery include giving the victim drugs that render him unconscious?

Answer 42

Yes

Question 43

Does fraudulent conduct that induces consent allow a ∆ to raise consent as a defense to rape?

Answer 43

Yes. Fraudulent conduct does not negate consent in most situations. Only negates consent if the fraud conceals the nature of the act.

Question 44

May an individual be charged with aiding and abetting a crime that necessarily requires 2 people to commit when the other person is the ∆?

Answer 44

No.

Question 45

What are the specific intent crimes?

Answer 45

“FIAT” =

(1) First-degree murder;
(2) Inchoate offenses (attempt, solicitation, conspiracy);
(3) Assault with intent to commit a battery;
(4) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).

Question 46

If one co-felon kills another co-felon during commission of a felony, can the co-felon be charged with felony murder?

Answer 46

Yes.

Question 47

Can a individual found guilty of a felony and felony murder be convicted with both felony murder and the underlying felony?

Answer 47

No. The felony conviction merges into the felony murder conviction.