Criminal law

Question 1

common law burglary (elements)

Answer 1

The breaking and entering into the dwelling of another at night with the intent to commit a felony inside.

Question 2

larceny (elements)

Answer 2

(i) Trespassory (ii) taking and (iii) carrying away the (iv) personal property (v) of another with the (vi) intent to (vii) permanently retain the property.

Question 3

common law murder (elements)

Answer 3

(i) causing the death (ii) of another (iii) with malice aforethought

Question 4

common law murder (what satisfies malice aforethought?)

Answer 4

(i) the intent to kill (ii) the intent to inflict serious bodily harm (iii) extreme recklessness to human life; or (iv) the intent to commit an inherently dangerous felony

Question 5

Statutory Variation - First Degree Murder

Answer 5

Any intentional killing committed with (i) premeditation (thought about it ahead of time); and (ii) deliberation (cool, calm and collected).

Question 6

Possession of contraband

Answer 6

(i) in possession or close enough for D to exercise dominion and control over it and (ii) knowledge (of the possession and of the character of the item possessed).

Question 7

Receipt of stolen property

Answer 7

Acts: (i) Receiving possession and control (ii) of stolen personal property. Mental state: (i) knowing that the property has been obtained criminally by another party and (ii) with the intent to permanently deprive the owner of his interest in the property

Question 8

Accomplice

Answer 8

Act: Aids or encourages the principal. Mental state: (i) intent to assist principal; and (ii) intent that the underling crime be committed

Question 9

Accomplice (recklessness and negligence crimes)

Answer 9

If principal crime requires mental state of reck or crim negligence most states will find accomplice liable for intentional conduct that aids the principal and manifests the required recklessness or negligence.

Question 10

Withdrawal

Answer 10

Encourager: repudiate the encouragement before the crime is committed. Aider: Neutralie the assistance or otherwise prevent the crime from happening (eg by notifying the authorities)

Question 11

Accessory after the fact

Answer 11

(i) held a principal who has committed a felony (ii) with knowledge that the crime has been committed and (iii) with the intent to help the principal avoid arrest or conviction.

Question 12

Conspiracy

Answer 12

Act: agreement b/w 2+ people & overt act (agreement can be concert of action). Mens rea: Intent to (i) enter into the agreement and (ii) accomplish the objective(s) of the conspiracy. CLaw requires at least 2 guilty mindsbut MPC allows sting operations

Question 13

Wharton rule

Answer 13

Dueling rule. Where 2 or more required for offence no conspiracy unless more parties participate in agreement than are necessary for the crime e.g. a second.

Question 14

<p>Vicarious liability</p>

Answer 14

<p> Def will be guilty for other crimes committed by co-conspirators so long as those crimes (i) were committed in furtherance oF the conspiracy's objective(s) and (ii) were foreseeable.</p>

Question 15

<p>Attempt</p>

Answer 15

<p> Act: Overt act beyond mere preparation. CLaw prox test: dangerously close to commission of crime. Majority MPC Substantial step Test: substantial step towards the commission of the crime provided that conduct strongly corroborates the actor's criminal purpose</p>

Question 16

Insanity

Answer 16

A mental disease or defect - 4 tests for this: (1) M’Naghten Test (Majority): def must prove that he either (i) lacked ability to know the wrongfulness of his conduct, or (ii) did not understand the nature and quality of his act. (2) MPC Test (25% of states): def lacked substantial capacity to either: (i) appreciate the criminality of his conduct, or (ii) conform his conduct to the requirements of law; (3) irresistible impulse test: D unable to control actions or conform conduct to the law’ (4) Durham test: D would not have acted, but for his mental illness.

Question 17

Incompetency

Answer 17

At time of trial, Def cannot either: (i) understand the nature of the proceedings against him; or (ii) assist his lawyer in the preparation of his defense.

Question 18

Voluntary intoxication

Answer 18

Defence to specific intent crimes only, requires “severe prostration of the faculties”; does not apply where def becomes intoxicated for the purpose of committing the crime.

Question 19

Define malice and cite examples of malice crimes

Answer 19

When a defendant acts intentionally or with reckless disregard of an obvious or known risk. Malice crimes: murder; arson

Question 20

Specific intent and cite examples of SI crimes

Answer 20

When the crime requires not just the desire to do the act, but also the desire to achieve a specific result. eg, assault, first degree murder, larceny, embezzlement, false pretenses, forgery, burglary