Criminal Law

Question 1

Mens Rea

Answer 1

Purpose - conscious objective
Knowledge - def. knows with certainty action will produce result/harm
Intent - acted w/ purpose or knowledge
recklessness - def. knew unjustifiable risk and ignores
Negligence - reasonable person would be aware of risk (gross deviation from standard of care)

Question 2

How do you prove malice?

Answer 2

Express - Purpose, knowledge, or intent to commit SBI
Implied - wanton disregard for human life (reckless/negligent)

intent to kill; intent to inflict grievous bodily harm; or an unintended killing resulting from extreme risk creation that manifests a wanton disregard for human life.

Question 3

Transferred intent

Answer 3

Intent to hurt one person transfers if you hurt another person.

Question 4

What is legal cause?

Answer 4

Cause-in-fact - but for, substantial factor, acceleration
Proximate cause - foreseeability (foreseeable that conduct caused result) only applies to foreseeable intervening causes. Abnormal reactions is not foreseeable. Normal response is.

Question 5

What happens if a victim’s special sensitivity accelerates death/result?

Answer 5

Proximate cause is present. Take victim as you find them

Question 6

When can you not use felony murder, assuming it’s not in the statute?

Answer 6

If the primary purpose of the felony is to commit serious physical harm.

Question 7

What do all forms of murder require?

Answer 7

Malice (express or implied)

Question 8

What is the difference between first and second degree murder?

Answer 8

First degree requires premeditation and deliberation (purpose to murder)

Question 9

What circumstance strip malice from murder?

Answer 9

• heat of passion
• diminished mental capacity
• imperfect self defense.

Question 10

assault

Answer 10

1) Incomplete intent to commit battery

2) apprehension - threatening conduct intending to cause reasonable apprehension of imminent harm.

Question 11

battery

Answer 11

?

Question 12

mayhem

Answer 12

1) intent

2) maim or bodily injury

Question 13

When does a seizure occur?

Answer 13

a reasonable person in his position would not feel free to leave or otherwise terminate the police encounter

examples: physical force to restrain, show of authority followed by submission.

Question 14

Warrant Requirements

Answer 14

neutral and detached magistrate,
probable cause,
particularity

Question 15

Arrest scenarios/requirements

Answer 15

?

Question 16

When can a third party consent to a search?

Answer 16

Any person who has joint control or use of shared premises may consent to a valid search: may consent to a valid search

Question 17

what triggers Miranda

Answer 17

Custody + interrogation

spontaneous comments don’t trigger miranda