Criminal Law

Question 1

Larceny

Answer 1

The 1) trespassory 2) taking & carrying away of 3) the tangible personal property of another 4) with the intent to permanently deprive the other of her interest in the property

Question 2

Embezzlement

Answer 2

The 1) fraudulent conversion 2) of another’s property 3) by a person in lawful possession of the property

Question 3

False Pretenses

Answer 3

1) Obtaining title 2) to another’s property 3) by an intentional or knowingly false statement of past or existing fact 4) with the intent to defraud the other

Money falsely obtained for a stated purpose & used for that purpose

Question 4

Larceny by Trick

Answer 4

1) Obtaining possession 2) to another’s property 3) by an intentional or knowingly false statement of past or existing fact 4) with the intent to defraud the other

Money falsely obtained for a stated purpose & used for another purpose

Question 5

Robbery

Answer 5

The 1) taking 2) of another’s personal property 3) from the other’s person or presence 4) by force or threat 5) with the intent to permanently deprive the other of her interest in the property

Question 6

Receipt of Stolen Property

Answer 6

1) Receiving possession & control of stolen property 2) known to have been obtained via a crime 3) committed by another person 4) with the intent to permanently deprive the true owner

Question 7

Burglary

Answer 7

The 1) breaking & 2) entering 3) of the dwelling 4) of another 5) in the nighttime 6) with the intent to commit a felony therein

Question 8

Arson

Answer 8

The 1) malicious burning of the dwelling 2) of another

Malice - intent or reckless disregard

Must be charring, not scorching

Question 9

Criminal Assault

Answer 9

Either the 1) attempt to commit a battery or 2) intentional creation, other than by mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 10

Criminal Battery

Answer 10

The 1) unlawful application of direct or indirect force 2) to another’s person 3) resulting in bodily injury or an offensive touching

Question 11

Aggravated Battery

Answer 11

Battery plus the use of a deadly weapon, serious bodily injury, or the victim is a child, woman, or police officer

Question 12

Mayhem

Answer 12

Dismemberment or disablement of a body part

Question 13

Kidnapping

Answer 13

The 1) confinement of a person & either a) movement of the victim or b) concealment of the victim in a secret place

Question 14

Aggravated Kidnapping

Answer 14

Kidnapping for ransom, to commit other crimes, for an offensive purpose, or child stealing

Question 15

Rape

Answer 15

The unlawful carnal knowledge of a woman by a man who isn’t her husband

Question 16

Statutory Rape

Answer 16

Sexual relations with a minor under a specified statutory age

Question 17

Second-Degree Murder

Answer 17

The 1) unlawful killing 2) of a human being with 3) malice aforethought

Question 18

Malice Aforethought

Answer 18

Intent to kill; intent to inflict great bodily harm; reckless indifference to the unjustifiably high risk to human life; or felony-murder

Question 19

Felony-Murder

Answer 19

It must be a dangerous felony & must be an act independent of the killing

Question 20

First-Degree Murder

Answer 20

All murder is second-degree murder unless committed with 4) premeditation and 5) deliberation

Question 21

Premeditation

Answer 21

The act was committed after an at least brief period of reflection

Question 22

Deliberation

Answer 22

The act was committed cooly and dispassionately

Question 23

Voluntary Manslaughter

Answer 23

The 1) intentional killing 2) of a human being 3) with adequate provocation

Question 24

Adequate Provocation

Answer 24

1) one that would arouse sudden & intense passion in the mind of an ordinary person so as to cause loss of self-control, 2) D was in fact provoked, 3) insufficient time for the passions of a reasonable person to cool off, & 4) D in fact did not cool off

Question 25

Involuntary Manslaughter

Answer 25

Killing caused by criminal negligence or a misdemeanor act

Question 26

Attempt

Answer 26

The 1) intent to commit a specific crime & 2) an overt act in furtherance of the cime

Question 27

Factual Impossibility

Answer 27

Not a defense to attempt so long as, were the facts as D believed them to be, the crime would have occurred

Question 28

Legal Impossibility

Answer 28

Is a defense to attempt

Question 29

Solicitation

Answer 29

1) D incites, counsels, advices, urges, or commands another to commit a crime 2) with the intent that the crime be committed by that person

Question 30

Accomplice Liability

Answer 30

1) D encourages or assists 2) another person who commits a crime 3) with the intent to promote or facilitate the commission of the crime

Question 31

Conspiracy

Answer 31

1) An agreement between two or more persons to commit a crime; 2) the intent to enter the agreement; 3) the intent to achieve the objective of the agreement; & 4) an overt act in furtherance of the conspiracy, which can be mere preparation

Question 32

Wharton's Rule

Answer 32

If the target crime requires two actors, then there is no conspiracy unless there are at least three people in the conspiracy

Question 33

Accessory after the Fact

Answer 33

1) One who receives, relieves, comforts, or assists another, 2) knowing the other has committed a felony, 3) to help the felon escape arrest, trial, or conviction

Question 34

Self-Defense

Answer 34

D may use deadly force if D 1) is without fault, 2) is confronted with unlawful force, & 3) reasonably believes he is threatened with imminent death or great bodily harm

Question 35

Imperfect Self-Defense

Answer 35

If D's true belief of threat is unreasonable, then murder will be mitigated to voluntary manslaughter

Question 36

Defense of Another

Answer 36

D reasonably believes the other person is legally entitled to use force & D may only use reasonable force to prevent the harm

Question 37

Duress

Answer 37

1) A threat 2) which D reasonably believes threatens death or great bodily harm to self or family

Question 38

Mistake of Fact

Answer 38

The mistake must be reasonable & must negate the required mental state for a crime

Question 39

Voluntary Intoxication

Answer 39

Defense to all specific intent crimes, including first-degree murder, burglary, larceny, robbery, & all attempt crimes

Question 40

Involuntary Intoxication

Answer 40

Is a defense to all crimes, & is treated as insanity

Question 41

Insanity - M'Naghten Rule

Answer 41

A disease of the mind caused a defect of reason such that D lacked the ability to either know the wrongfulness of her actions or understand the nature & quality of her actions

Question 42

Insanity - Irresistible Impulse

Answer 42

Because of mental illness, D is unable to control her actions or conform her conduct to the law

Question 43

Insanity - Durham Rule

Answer 43

The crime was a product of the mental disease or defect

Question 44

Insanity - ALI/MPC Test

Answer 44

As a result of mental disease, D lacked substantial capacity to either appreciate the criminality of her conduct or to conform her conduct to the law