Criminal Law

Question 1

Accomplice requirements

Answer 1

Being an accomplice requires intent to help the principal commit the crime and intend that the principal commit the crime he is charged with.

Question 2

Accomplice liability

Answer 2

An accomplice is liable for any crimes that are the natural and probable consequences of the accomplice’s conduct.

Question 3

Can an accomplice withdraw?

Answer 3

To withdraw as an accomplice, the accomplice must: (1) repudiate prior aid, (2) do all possible to countermand prior assistance, and (3) do so before the chain of events is in motion and unstoppable.

Question 4

Difference in Involuntary Intoxication vs. Voluntary Intoxication defense?

Answer 4

Involuntary intoxication is a defense to both general and specific intent crimes, whereas voluntary intoxication is only a defense to specific intent crimes.

Question 5

What are Specific Intent Crimes?

Answer 5

FIAT. First Degree Murder, Incohate offenses (attempt, solicitation, conspiracy), Assault with intent to commit a battery, and Theft offenses (larceny, larceny by trick, embezzlement, forgery, burglary, robbery)

Question 6

Homicide =

Answer 6

Homicide = the killing of one person by another.

Question 7

Common-law murder =

Answer 7

the unlawful killing of another with malice aforethought.

Question 8

What is malice aforethought?

Answer 8

intent to kill, intent to inflict serious bodily injury, reckless indifference to an unjustifiably high risk to human life (depraved heart), intent to commit certain felonies (felony murder)

Question 9

Felony Murder =

Answer 9

defendant can be guilty for the unintended but foreseeable killing proximately caused or during the commissions or attempted commission of an inherently dangerous felony. Inherently dangerous felony = BARRK (Burglary, Arson, Robbery, Rape, and Kidnapping.)

Question 10

First Degree Murder =

Answer 10

First Degree Murder = Deliberate and premeditated murder.

Question 11

Second Degree Murder =

Answer 11

Second Degree Murder = Like common-law murder, a homicide committed with malicious intent (Depraved-heart, intent to kill, or intent to inflict serious bodily injury)

Question 12

Voluntary Manslaughter =

Answer 12

Voluntary Manslaughter = Murder committed in response to adequate provocation.

Provocation must be objective and subjective

Question 13

Involuntary Manslaughter =

Answer 13

Involuntary Manslaughter = unintentional homicide committed with criminal negligence or during an unlawful act.

Question 14

Criminal Battery =

Answer 14

Criminal Battery = The intentional unlawful application of force to another person that causes bodily harm to that person, or constitutes an offensive touching

Question 15

Criminal Assault =

Answer 15

Criminal Assault = An attempt to commit a battery, or intentionally placing another in apprehension of imminent bodily harm

Question 16

Kidnapping =

Answer 16

Kidnapping = The unlawful confinement of a person against that person’s will coupled with either movement or concealment of that person

Question 17

False Imprisonment =

Answer 17

False Imprisonment = The unlawful confinement of a person without consent

Question 18

Rape =

Answer 18

Rape = Unlawful sexual intercourse with a person against his/her will by force or threat of immediate force.

Question 19

Larceny =

Answer 19

Larceny = The trespassory taking and carrying away of the personal property of another, without consent, with the specific intent to permanently deprive the owner of the property at the time of the taking

Question 20

Embezzlement =

Answer 20

Embezzlement = The fraudulent conversion of the property of another by a person who is in lawful possession of the property

Question 21

False Pretenses =

Answer 21

False Pretenses = Occurs when the defendant obtains title to the property of another person through reliance of that person on a false representation of material fact made by the defendant with the intent to defraud

Question 22

Robbery =

Answer 22

Robbery = A larceny by force or intimidation when the taking of property is from the victim or in his presence

Question 23

Burglary =

Answer 23

Burglary = Burglary is the breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein.

Question 24

Conspiracy =

Answer 24

Conspiracy = An agreement between two or more people to accomplish an unlawful purpose; With specific intent to agree and commit the criminal objective; and An overt act in furtherance of the conspiracy

Question 25

May a person withdrawal from a conspiracy?

Answer 25

Yes. After there has been an agreement but before an overt act has been committed, a person may avoid criminal liability for conspiracy.

Question 26

Attempt =

Answer 26

Attempt = Attempt requires a substantial step toward the commission of a crime coupled with the specific intent to commit the crime.

Question 27

Self-Defense =

Answer 27

Self-Defense = Self-defense is the use of reasonable force to protect oneself at a reasonable time.

Question 28

Duress =

Answer 28

Duress = A third party’s unlawful threat causes a defendant to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes the defendant to do so