Criminal Law

Question 1

What is solicitation?

Answer 1

Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific intent that the person solicited commit the crime (general approval or agreement is insufficient).

Question 2

If conspirators are successful in completing the intended crime, they can be convicted of?

Answer 2

Both of the crime of conspiracy and the completed crime

Question 3

What is the substantial step requirement of attempt?

Answer 3

The act must constitute the substantial step in a course of conduct planned to culminate in the commission of the crime that shows strong corroboration of the actor’s criminal purpose

Question 4

What is required to commit a battery?

Answer 4

Battery is defined as an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

Question 5

What constitutes false imprisonment?

Answer 5

Common-law false imprisonment is defined as the unlawful confinement of a person without his valid consent

Question 6

What constitutes a kidnapping?

Answer 6

Kidnapping is generally defined as some movement of the victim or concealment of the victim in a secret place

Question 7

In which situations may deadly force be used?

Answer 7

Self defense, defense of others, and crime prevention

Question 8

When may deadly force be used in self-defense?

Answer 8

Deadly force may be used in self-defense if the actor is without fault, confronted with unlawful force, and threatened with imminent or great bodily harm

Question 9

When may deadly force be used in defense of others?

Answer 9

Deadly force may be used in defense of others in situations where a person reasonably believed that the person she assisted had the legal right to use force in his own defense

Question 10

When may deadly force be used to prevent crime?

Answer 10

Deadly force may be used in crime prevention to prevent the commission of a dangerous felony involving risk to human life

Question 11

What are the four types of insanity?

Answer 11

The irresistible impulse test, the Durham rule, the model Penal Code, and the M’Naughten test

Question 12

What is insanity under the model Penal Code?

Answer 12

Under the model Penal Code, a defendant is entitled to acquittal if he lacks substantial capacity to appreciate the criminality or the wrongfulness of his conduct or to conform his conduct to the requirements of the law

Question 13

What are the requirements of the irresistible impulse test?

Answer 13

Because of mental wellness, the defendant was unable to control his actions or to conform his conduct to the law

Question 14

What are the requirements of the Durham rule?

Answer 14

The defendant is entitled to acquittal if the proof establishes that his crime was the product of mental disease or defect

Question 15

What is required under the M’Naughten test?

Answer 15

I disease to cause a defect in the defendants reasoning such that he cannot know the wrongfulness of his actions or understand the nature and quality of his actions

Question 16

When is a defendant incompetent to stand trial?

Answer 16

The defendant is incompetent to stand trial if, as a result of mental disease or defect, the defendant is unable to understand the nature of the proceedings being brought against him or assist his lawyer in the preparation of his defense

Question 17

What is the proximate cause approach to felony murder?

Answer 17

In states following the proximate cause approach to felony murder, felons are liable for the deaths of innocent victims caused by someone other than a co-felon. The felon will be guilty of felony murder when he puts into operation a series of events that proximately cause the death of an innocent party.

Question 18

What is the redline approach to felony murder?

Answer 18

Under the redline approach, felony murder liability does not attach when the person killed is a co-felon

Question 19

What is the agency approach to the felony murder rule?

Answer 19

Under the agency approach, the person doing the killing must be the defendant or the defendant’s agent. In other words, if someone who does not have a stake in the felony accidentally kills another, the person committing a felony cannot be held liable for felony murder

Question 20

What is required to commit the crime of bigamy?

Answer 20

Bigamy is a traditional strict liability offense that consists of marrying someone while having another living spouse. At common law, the defendant is guilty of bigamy even if she reasonably believes that a purported divorce is valid or that her spouse is dead.

Question 21

What constitutes mayhem?

Answer 21

At common law, mayhem was the dismemberment or disablement of a victim’s body part

Question 22

What constitutes a forgery?

Answer 22

Forgery consists of the making or altering of the false writing with the intent to defraud. The writing need not have monetary value; any legal significance suffices.