Criminal Law

Question 1

Malice (Intent level)

Answer 1

a reckless disregard of high risk that a harmful result will occur.

Question 2

General Intent (Intent level)

Answer 2

awareness of all factors constituting the crime exist (attendant circumstances are present)

Question 3

Specific Intent (Intent level)

Answer 3

doing an act with the intent or objective to complete that act.

SCALEBARFF (solicitation, conspiracy, attempt, larceny, embezzlement, burglary, assault, robbery, false pretenses, forgery)

Question 4

Accomplice Liability

Answer 4

aiding, abetting, or counseling crime w/ intent to encourage. Mere presence is not enough.

Defenses: Withdrawal - must take action to undo support (notify authorities, retrieve material, etc.)

Question 5

Solicitation

Answer 5

asking another to commit a crime (merges with completed crime).

SPECIFIC INTENT

Question 6

Conspiracy

Answer 6

1) Agreement between 2 or more people 2) an overt act in furtherance of crime.

Defenses: Withdrawal - notification + affirmative act to stop; Wharton Rule - need more people to conspire for crimes that need multiple people.

SPECIFIC INTENT

Question 7

Attempt

Answer 7

intend to commit a crime, with a substantial step towards completion (merges with completed crime).

SPECIFIC INTENT

Defenses: Legal Impossibility (not actually a crime)

Question 8

Insanity

Answer 8

Defense to ALL Crimes

• M’Naghten Rule - D not capable of knowing the nature and quality of his actions.
• Irresistible Impulse - D was unable to control his actions or conform to the law.
• Durham - D’s crime was the product of his mental illness.
• MPC - D lacked capacity to appreciate the criminality of his acts or conform to the law.

Question 9

Infancy

Answer 9

Under Common Law, a Defense for D under 14 years of age.

Question 10

Involuntary Intoxication

Answer 10

Defense to ALL Crimes

Intoxication is treated as a mental illness if taken:

• without knowledge,
• under duress, or
• pursuant to medical advice

Question 11

Voluntary Intoxication

Answer 11

Defense to SPECIFIC INTENT Crimes ONLY

Can be a valid defense to 1st degree Murder (not premeditated) but not below. Negates purpose or knowledge.

Question 12

Self-Defense

Answer 12

A person without fault may use such force reasonably believed to be necessary to protect self or another.

Can escalate to use of DEADLY FORCE if threatened with imminent death or great bodily harm.

Question 13

Defense of Property

Answer 13

ONLY ALLOWED if of a dwelling (owner is inside) and can only use reasonable force (not deadly). Should first use a request to desist.

Question 14

Duress Defense

Answer 14

Defense to a crime other than homicide. Valid if a reasonable belief that another would imminently inflict death or great bodily harm (MPC has allowed some defense of property).

Question 15

Mistake (not same as impossibility)

Answer 15

Of Fact - shows a lack of requisite state of mind. (must be reasonable for general intent crimes).

Of Law - not a defense.

Question 16

Assault

Answer 16

the intentional creation of a reasonable apprehension of imminent bodily harm.

Can also be attempt to commit a battery.

SPECIFIC INTENT

Question 17

Battery

Answer 17

the unlawful application of force resulting in bodily injury or an offensive touching.

GENERAL INTENT

Question 18

False Imprisonment

Answer 18

the unlawful confinement of a person without valid consent. Must interfere substantially with victim’s liberties.

Question 19

Kidnapping

Answer 19

the unlawful confinement of a person the involves movement or concealment of the victim (think taking and hiding).

Question 20

Rape

Answer 20

carnal knowledge (“sexual assault”) of a person without their consent.

STRICT LIABILITY (so mistake not a defense)

Question 21

Larceny

Answer 21

A taking and carrying away of the tangible personal property of another by trespass with intent to permanently deprive.

SPECIFIC INTENT

Question 22

Embezzlement

Answer 22

the fraudulent conversion of personal property of another by a PERSON IN LAWFUL POSSESSION OF THE PROPERTY (think borrowing the property and then selling it without permission).

SPECIFIC INTENT

Question 23

False Pretenses

Answer 23

obtaining TITLE to the personal property of another BY AN INTENTIONAL FALSE STATEMENT with the intent to defraud.

SPECIFIC INTENT

–> Larceny by Trick - if victim gives CUSTODY instead of title.

Question 24

Robbery

Answer 24

A taking of the personal property of another from the other’s person by force or threat of immediate death or bodily injury, with intent to permanently deprive.

SPECIFIC INTENT

–>Victim must give property over BECAUSE of the threat

Question 25

Burglary

Answer 25

A breaking and entry of a dwelling of another at nighttime; with the intent to commit a felony within.

SPECIFIC INTENT - intent must be present at time of entry!

Question 26

Arson

Answer 26

the malicious burning of a dwelling of another.

-charring is sufficient
MALICE CRIME

Question 27

Murder

Answer 27

the unlawful killing of another human being with malice aforethought.

1st degree requires: “Deliberation and Premeditation”

MALICE CRIME - must have:
1) intent to kill,
2) intent to inflict great bodily injury,
3) reckless indifference to an unjustafiably high risk to human life (“abandoned and malignant heart”)(Second Degree),
or
4) intent to commit a felony (Felony Murder)

Felony Murder is BARRK (Burglary, Arson, Rape, Robbery, or Kidnapping). Must be a foreseeable result of felony.

Question 28

Voluntary Manslaughter

Answer 28

a killing that would be murder BUT FOR the existence of ADEQUATE PROVOCATION. Adequate provocation requires:

• sudden and intense passion (ordinary person standard)
• was in fact provoked,
• not sufficient time to cool off, and
• in fact did not cool off.

Question 29

Involuntary Manslaughter

Answer 29

a killing committed with criminal negligence, recklessness, or during the commission of an unlawful act.

-A Non-Felony Murder