Criminal Law

Question 1

Elements of a Crime

Answer 1

1. Actus reus (phys act)
2. Mental state mens rea
3. Causation (but for + prox cause)
4. Concurrence of AR + MR

Question 2

Mental states according to MPC

Answer 2

Purposefully
Knowingly
Recklessly
Crime negligence

Question 3

Purposefully

Answer 3

Conscious object to engage

Question 4

Knowingly

Answer 4

Aware that conduct is of a particular nature or will cause a certain result

Question 5

Recklessly

Answer 5

Conscious disregards a substantial and unjustifiable risk
+
action is a gross deviation from how a reasonable person would act

Question 6

Criminal negligence

Answer 6

Fails to perceive a substantial and unjustifiable risk
+
Failure is a gross deviation from the standard of care

Question 7

CL Mental state

Answer 7

Intentionally - having the intent or desire

Question 8

Willful Blindness

Answer 8

Aware that certain facts are highly probably it intentionally ignorant to a fact

Question 9

Types of Homicide

Answer 9

Murder: 1st and 2nd

Manslaughter: Voluntary, involuntary, MPC

Depraved Heart

Felony murder rule

Question 10

First Degree murder

Answer 10

Deliberate or premeditated.

MPC: killing of a person committed:
A. Purposefully or knowingly 
OR
B.
Recklessly under circumstances manifesting extreme indifference to the value of human life (recklessness presumed by the FMR)

Question 11

Second degree murder

Answer 11

1. Unlawful killing
2. Of a person
3. With malice aforethought

Malice aforethought is

• intent to kill
• intent to inflect great bodily harm
• reckless disregard of an extreme risk of human life
• intent to commit an inherently dangerous felony (FMR)

Question 12

Voluntary manslaughter

Answer 12

Intentional killing of a person with adequate provocation

Adequate provocation =

1. D was provoked
2. Reasonable person would have been provoked
3. Not enough time to cool off
4. In fact did not cool off

Question 13

Involuntary Manslaughter

Answer 13

Unintentional killing of a person either:
- recklessly 
-under misdemeanor murder rule 
- during a non dangerous felony 
OR 
- criminal negligence (depending on jur)

Question 14

MPC manslaughter

Answer 14

Killing of a person committed:
- recklessly
OR
- committed under the influence of extreme mental or emotional disturbance for which reasonable explanation or excuse

Question 15

Theft Crimes

Rude Boys Love To Lie For Pussy

Answer 15

Robbery Burglary larceny larceny by trick

False pretenses