Criminal Law

Question 1

What is the iv) MPC Culpability Standard?

Answer 1

(1) Purposely – Conscious object to engage in the conduct; or to cause a result
(2) Knowingly – aware of the nature of conduct
(3) Recklessly – conscious disregard of a substantial or justifiable risk – gross deviation from the “reasonable person” standard
(4) Negligently – Failure to be aware of the risk

Question 2

What are the Elements of Accomplice Liability

Answer 2

a) Elements of Accomplice Liability
i) Must be intentionally aiding, counseling, or encouraging the crime. Active aiding required.
ii) Liability is for the crime itself and all other foreseeable crimes (merges into the crime)
iii) Accessory after the crime is not an accomplice.
b) DEFENSES:
i) Withdraw is an affirmative defense
(1) If encouraged crime, must repudiate encouragement
(2) If provided material, must neutralize

Question 3

What is solicition?

Answer 3

i) Elements
(1) Asking someone to commit a crime
(2) With the intent that the crime be committed.
ii) DEFENSE:
(1) Remember the legal incapacity of the solicitee is no defense

Question 4

What is conpiracy?

Answer 4

(1) A mutual agreement (Express or implied)
(2) Between 2 or more parties
(3) To commit a criminal act or accomplish a legal act by unlawful means
(a) Two Fold Intents:
(i) Intent to combine with another
(ii) Intent to accomplish the illegal objective

Question 5

Attempt?

Answer 5

(1) Specific Intent and
(2) MPC An overt Act – substantial step in the direction of committing a crime. (mere preparation is not enough)
(3) Common Law Rule of immediate nearness – if the preparation comes very near the accomplishment of a crime the intent to complete it renders the act so probable that the act will be a misdemeanor.
ii) DEFENSES
(1) Common Law Factual Impossibility is no defense – factual impossibility arises when the defendant set out to do an illegal act but cannot accomplish the illegal act because its impossible. (rape of a dead woman)
(2) Legal Impossibility is a defense – when a defendant sets out to do a legal act which he thinks is illegal.

Question 6

What is insanity?

Answer 6

(1) M’Naghten Test – Disease of the mind caused a defect of reason so defendant lacked the ability at the time of his actions to know wrongfulness or understand the nature and quality of actions
(2) Irresistible impulse test – unable to control actions or conform conduct to law
(3) Durham Test – crime was product of mental disease or defect
(4) MPC test – combination of M’Naghten and irresistible impulse test

Question 7

What are the elements of self defense?

Answer 7

(1) Self-defense – may justify a homicide if a person reasonably believes that she is reasonably in danger of being seriously injured or killed by the assailant.
(a) American Rule – No duty to retreat
(b) English Rule – Duty to retreat to the wall
(2) An initial aggressor cannot claim self-defense unless he communicates to the intent to withdrawal and in good faith attempts to do so . . . then he has the right to self-defense.
(3) If fact finder finds absence of right to self-defense defendant may be guilty of voluntary manslaughter

Question 8

What are the elements of common law murder ?

Answer 8

a) Elements of Common Law Murder
i) Unlawful
ii) Killing of another human being
iii) With Malice Aforethought
(1) Malice
(a) Intent to kill
(b) Intent to do serious bodily harm
(c) Deprived Heart
(d) Felony Murder
b) DEFENSES
i) Justification – self defense
ii) Provocation – mitigates murder to manslaughter

Question 9

What is manslaughter?

Answer 9

i) Two Kinds Voluntary and Involuntary
(1) Voluntary
(a) Adequate provocation
(b) Gave rise to heat of Passion
(c) No Adequate cooling off period
(2) Involuntary
(a) Killing resulted from criminal negligence

Question 10

What is Felony Murder?

Answer 10

• • Elements
    (1) Killing + Felony
    (2) After defendant has found some temporary resting place no longer felony murder.**

Question 11

What is causation?

Answer 11

i) Defendant is liable for all natural and probable consequences of his conduct unless the chain of causation is broken by the intervention of some superseding factor.
(1) Superseding Factors
(a) Act of God
(b) Coincidence
(c) Simultaneous acts by two or more parties

Question 12

What is the definition for larceny?

Answer 12

i) Taking;
ii) And carrying away(asportation)
iii) Of tangible person property
iv) Of another with possession
v) By trespass
vi) With the intent to permanently deprive that person with her interest in the property

Question 13

Define Embezzlement

Answer 13

i) The Fraudulent
ii) Conversion
iii) Of Personal Property
iv) Of another
v) By a person trusted with lawful possession

Question 14

What are false presentenses?

Answer 14

i) Obtaining title
ii) To the Personal Property of Another
iii) By an intentional false statement
iv) With the intent to defraud

Question 15

Larceny by trick

Answer 15

i) Custody of the
ii) Personal Property of Another
iii) By an intentional false statement
iv) With the intent to defraud

Question 16

What is robbery?

Answer 16

i) A taking
ii) Of personal property of another
iii) From the others person or presence
iv) By force or (1) threat of immediate death; (2) Injury to the victim, someone in his family, or some person in victims presence
v) With the intent to permanently deprive him of it

Question 17

What is recieving stolen property?

Answer 17

i) Receiving possession and control
ii) Of “stolen” personal property
iii) Known to have been obtained criminally
iv) By another person
v) With the intent to keep it

Question 18

What are the elements to arson

Answer 18

i) The malicious
ii) Burning
iii) Of the dwelling place
iv) Of another

Question 19

What is common law burglary?

Answer 19

i) A breaking
ii) And entering
iii) Of a dwelling place
iv) Of another
v) At night
vi) With the intent to commit a felony there in

Question 20

What is the M’Naghten Rule

Answer 20

A person is insane if at the time of the criminal act, while laboring under a defect of reason, arising from a disease of the mind that so rendered:

1. The accused to not know the nature and quality of the act; or
2. If he did know it, he did not know what he was doing was wrong.

· i.e.: He did not know right from wrong.

Question 21

The Durham Test

Answer 21

A person is excused by reasons of insanity if the unlawful act was the product of a mental disease or defect

· The jury must determine whether the accused was suffered grom a mental disease or defect at the time of the offense and if so whether the criminal conduct would have occurred but for that condition.

Question 22

Irrestiable Impulse Test

Answer 22

Generally a person is insane if at the time of the offense:

1. She acted from irresistible and uncontrollable impulse
2. She lost the power to choose between right and wrong and to avoid doing the act in questions or
3. Her will has been otherwise so completely destroyed that her actions are not subject to is but are beyond her control
4. Requires total incapacity.

Question 23

MPC 4.01

Answer 23

A person is not responsible for her criminal conduct if at the time of the conduct, as a result of a mental disease or defect, she lacked substantial capacity to:

1. Appreciate the criminality (wrongfulness) of the conduct; or
2. To conform her conduct to the requirements of the law

MPC is broader and you have to have a deeper appreciation of your acts. It is less easy to be found not guilty under the MPC.

Question 24

The Florida Rule

Answer 24

1. Affirmative Defense: all persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, that the D was insane. Insanity is established when:
   a. The D had a mental infirmity, disease or defect; and
   b. Because of this condition D:
2. Did not know what she was doing or its consequences; or
3. Although the D knew what he or she was doing and its consequences, the D did not know that what he or she was doing was wrong.

· Mental infirmity, disease or defect does not constitute a defense of insanity except as provided in this subsection.

· 2. Burden of Proof: The D has the burden of proving insanity by clear and convincing evidence.

Question 25

What is NGO Acquittal Mean?

Answer 25

Menas one is almost invariably committed to a metnal facility for an indefinite time

In most jurisdictions alothough commitment is automatic, Def is entitled to periodic hearins to determine whether Def continues to suffer from a mental illness or to determine whether institutionalization is necessary for Defs protection or that of sociatey

In most states person can be held long as def is mentally ill and dangerous to herselg or others def may be relased if no longer mentally ill.

Question 26

Does Conspiracy require an overt act?

Answer 26

Yes, conspiracy under the modern day statues requires a substantial step (any act) in furtherence of that conspiracy

Question 27

Derivitive Liabily.

Answer 27

Complicity - criminally liable is dependant on the princple violating the law

Question 28

What is the comptency requirement to stand trial?

Answer 28

Insanity Trial – 2 phases: called bifurcated trial:

1. Phase 1 is the guilt phase.
2. Phase 2 is the insanity phase.

· Cognition and volition are standards found in insanity definitions (knowledge versus will or actions).

Question 29

Pinkerton Rule

Answer 29

Def. responsible for all acts in furtherance of the actions

Question 30

Scienter

Answer 30

Knowlege of wrong doing?

Question 31

Res Geste

Answer 31

Time and distance connections between the time and location of the murder

Question 32

Animus Furandi

Answer 32

Latin for intent to steal