Criminal Law

Question 1

Common Law Mens Rea for Homicide

Answer 1

1. Intent to Kill
2. Intent to cause grievous bodily harm
3. Depraved heart/extreme recklessness
4. Intent to commit a felony

Question 2

What is Common Law 1st Degree Murder?

Answer 2

Intentional and unlawful killing of a human being with malice aforethought and with time period in which defendant engages in premeditation and deliberation.

Question 3

What is the time period for premeditation and deliberation?

Answer 3

Sufficient duration for defendant to be fully conscious of what he intends to do.

Question 4

What is the MPC definition of Criminal Homicide?

Answer 4

Person is guilty of criminal homicide if he purposefully, knowingly, recklessly, or negligently causes the death of another human being.

Question 5

What are the types of Criminal Homicide?

Answer 5

1. Murder
2. Manslaughter
3. Negligent Homicide

Question 6

What is the MPC definition of Murder?

Answer 6

Criminal Homicide is Murder when,
(1) It is committed purposefully, knowingly OR
(2) It is committed recklessly under the circumstances manifesting extreme indifference to the value of human life
Such recklessness and indifference is presumed if the actor is engaged, or is an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force arson burglary, kidnapping, or felonious escape.

Question 7

What is Common Law 2nd Degree Murder?

Answer 7

Intent to kill with malice aforethought but without the additional elements such as willfulness, premeditation and deliberation.

Question 8

What is the Classic Felony Murder Rule?

Answer 8

One is guilty of murder if a death results from conduct during the commission or attempted commission of any felony.
Many states have limited the scope of Felony Murder Rule to only inherently dangerous felonies.

Question 9

In states that have Felony Murder Statutes what are specific acts that will result in 1st degree murder?

Answer 9

Arson, rape, robbery, burglary.

If a death results from the commission of an unspecified felony, it is second-degree murder.

Question 10

What is extreme recklessness/depraved heart?

Answer 10

Conduct that manifests in extreme indifference to the value of human life.

Question 11

What is an inherently-dangerous crime?

Answer 11

Likely to result in death.

Question 12

When can the aggressor of a battery succeed in the defense of self-defense?

Answer 12

(1) Withdrawal: Agressor, in good faith, removes himself from the fight OR if he can’t communicated his desire to withdraw to the other party.
(2) Escalation by “victim”: If victim of aggression suddenly escalates a minor altercation into one using deadly force without letting the aggressor withdraw.

Question 13

When is Mistake of Law a defense?

Answer 13

Mistake of law is not a defense unless the crime requires the defendant’s knowledge of some aspect of the law.

Question 14

When is Mistake of Fact a defense?

Answer 14

Mistake of fact can be a defense where it negates the mens rea required for the crime.

Question 15

Is the defense of duress available with threats of future injury?

Answer 15

NO! The threat of harm must be immediate.

Question 16

When is the use of deadly force by a 3rd party justified?

Answer 16

In the prevention of a dangerous felony, such as murder, arson, or rape.

Question 17

What are the elements of “reasonable belief” that a particular danger exists?

Answer 17

The standard is both objective and subjective:

1. The defendant in fact believed a danger existed (subjective)
2. The defendant was reasonable in the belief (objective)

Question 18

Under what circumstances can deadly force be used to protect property?

Answer 18

In defense of property alone, deadly force is never allowed.

Question 19

In a drunken state you mistake a threat, and commit a battery. Can you claim self-defense?

Answer 19

Self-defense requires a reasonable belief as to imminent danger. If one misapprehends danger because he’s drunk, the defense of self-defense will not be allowed?

Question 20

Juliet is pregnant. Romeo walks up to her with a knife, and tells her, “Once you have the baby, I’m going to kill you.” Juliet pulls out a gun and shoots him. Can Juliet defend on self-defense grounds?

Answer 20

No, because the threatened force must be imminent.

Question 21

Say that Romeo’s arms were tied behind his back, and he said, “I’m going to kill you.” Can Juliet claim self-defense?

Answer 21

No, since Romeo obviously did not have the ability to follow through with his intent, and Juliet knew it.

Question 22

Jesse James is trapped at the I’m O.K. Corral. Doc Holiday and Wyatt Earp fire shots simultaneously. James is hit by two bullets and dies on the spot. It is impossible to determine which bullet caused his death, since either one would have been fatal. Will Holiday or Earp be criminally responsible for causing James’ death?

Answer 22

Both Holiday and Earp are responsible. While neither shot alone is a sufficient “but for,” it is clear that their combined acts constitute the cause in fact of James’ death. As each was a substantial factor in the death, there is causation in fact as to each.

Question 23

Goliath attacks David and breaks his leg. As Goliath is leaving the scene, David pulls out a slingshot and hits Goliath in the head with a large rock. Can David defend his action on the grounds of self-defense?

Answer 23

No. Once the danger of attack is over, self-defense is no longer available as a defense.

Question 24

Fast Willy, a pickpocket, stick his hand in Rollo the Rich Kid’s pocket, hoping for a big haul. Rollo’s pockets are empty. Is Willy guilty of attempted larceny?

Answer 24

Yes. This is “factual impossibility,” and not a defense.

Question 25

Fletcher Christian shoots and kills Captain Bligh because he thinks Bligh is about to shoot and kill him. Actually, Bligh pulled out his gun to shoot deckhand Dick Hand, who was standing behind Christian and looking like he was about to strangle Christian with a clothesline. Can Christian assert the defense of self-defense?

Answer 25

Yes, since the facts indicate that he was apparently reasonable, albeit mistaken, in his belief that Bligh intended to shoot him.

Question 26

Hermann Goering has been sentenced to death. The day before his scheduled execution, Rick Reich, a prison guard, poisons Goering. Will Reich avoid criminal liability for homicide since Goering was going to die the following day anyway?

Answer 26

No. Speeding up a death is considered a homicide. Thus, even if a person were one second from death, he could, theoretically, be killed, subjecting the actor to criminal homicide liability.

Question 27

Papa Bear is sleeping in his home with his wife and son when he is awakened by mysterious noises coming from downstairs. He gets up and picks up a baseball bat from his son’s room and goes downstairs where he confronts Goldilocks, who is stealing silverware. Goldilocks is startled and makes a threatening gesture. Papa Bear hits her with the baseball bat and kills her. Does Papa Bear lack a valid defense because he used unnecessary deadly force in defense of property?

Answer 27

No. Where a person is exercising reasonable force to protect his property and he becomes threatened by an intruder, the property owner is privileged to use deadly force if it appears to be reasonably necessary. The same is true if the intruder is committing an act likely to result in serious bodily injury (such as arson).

Question 28

What is the MPC definition of Negligent Homicide?

Answer 28

A. Committed Negligently

B. Felony of 3rd degree

Question 29

What is the MPC definition of Burglary?

Answer 29

Purposely enters structure to commit crime.

Question 30

What is the MPC definition of Manslaughter?

Answer 30

A. Recklessly
B. Committed under extreme mental disturbance with reasonable explanation (Emotional disturbance=subjective; Reasonable explanation=objective)
C. Felony of 2nd degree

Question 31

What is the MPC definition of Criminal Homicide?

Answer 31

Purposefully, knowingly, recklessly, or negligently, causes death of another.

Question 32

What is the MPC definition of Murder?

Answer 32

A. Purposely, knowingly
B. Recklessly by manifesting extreme indifference to human life
C. Felony of 1st degree (robbery, rape, arson, burglary, kidnapping, escape)
D. During attempt or commission of a felony.
MPC does not differentiate between degrees of murder.

Question 33

What are the MPC intents?

Answer 33

1. Purposely
2. Knowingly
3. Recklessly
4. Negligently