Criminal Law

Question 1

Elements of Battery

Answer 1

an unlawful application of force to the person of another resulting in either bodily injury or an offensive touching

Question 2

Assault

Answer 2

(i) Attempt to commit a battery; OR (ii) the intentional creation—other than by mere words—of a reasonable apprehension in the mind of the victim of imminent bodily harm

Question 3

Larceny

Answer 3

1. A taking
2. And carry away (asportation)
3. Of tangible personal property
4. of another
5. by trespass
6. with intent to permanentyl (or for an unreasonable time) deprive the person of his interest in the property

Question 4

Larceny

“Continuing Trespass” Situations

Answer 4

If a defendant takes property with a wrongful state of mind but w/o intent to steal, and later, while still in possession, forms the intent to steal, the treapsass involved in the intitial wrongful taking is regarded as “continuing” and the defendant is guitly of larceny.

Note: if initial taking a mistake, no wrongful state of mind

Question 5

Embezzlement

Answer 5

1. The fraudulent
2. Coversion
3. of property
4. of another
5. by person in lawful possession of that property

Question 6

False Pretenses

Larceny by trick distinguished

Answer 6

1. Obtaining Title
2. To the property of another
3. by a knowing (or in some states, intentional) false statement of past or existing fact

Larceny by trick

If only custody of the property is obtained by the defendant, the offense is larceny by trick. If title is obtained, the offense is false pretenses

Question 7

Robbery

Answer 7

1. A taking
2. of personal property of another
3. from the other’s person or presence
4. by force or intimidation
5. with the intent to permanently deprive him of it

***basically an aggravated form of larceny in which the taking is accomplished by force or threats of force***

Question 8

Receipt of Stolen Property

Answer 8

1. Receiving possession and control
2. Of “stolen” personal property
3. known to have been obtained in a manner constituting a criminal offense
4. By another person
5. With intent to permanently deprive the owner of his interest in the property

Question 9

Burglary

Answer 9

1. A breaking
2. And entry
3. of the dwelling
4. of another
5. at nighttime
6. with the intent of committing a felony

Question 10

Arson

Answer 10

1. Malicious
2. Burning
3. of the dwelling
4. of another

Question 11

M’Naghten RULE

Answer 11

1. disease of the mind
2. caused a defect of reason
3. Such that defedant lacked the ability at the time of his actions to either:
   
   • know the wrongfulness of his actions; OR
   • Understand the nature and quality of his actions

Question 12

Irresistible Impulse Test

Answer 12

Aquittal if the proof establishes that because of mental illness he was unable to control his actions or to conform his conduct to the law.

Question 13

MPC Test for Insanity

Answer 13

Defendant is entitled to acquittal if the proof shows tha the suffered from a mental disease or defect and as a result lacked substantial capacity to either

• Appreciate the criminality of his conduct; or
• Conform his conduct to the requirements of law

***This test combines M’Naghten and the irresistible impulse tests***

Question 14

Voluntary intoxication

Answer 14

1. Defense to Specific Intent Crimes but not to General Intent Crimes
2. No defense to Strict Liability Crimes or Crimes Requirign Malice, Recklessness, or Negligence
3. Defense to First Degree Murder but Not Second Degree murders

**note: 3 does not apply if D used booze to work up the courage***

Question 15

Involuntary Intoxication Elements

Answer 15

Taking of intoxicating substance

1. Without knowledge of its nature
2. Under direct duress impossed by another OR
3. Pursuant to medical advice

Question 16

Self Defense

When may an individual use non-deadly force

Answer 16

1. As she reasonable beleives is necessary
2. to porect herself from the imminent use of unlawful force upon herself

No duty to retreat

Question 17

Self Defense

When may an individual use non-deadly force

Answer 17

1. she is without fault
2. confronted with unlawful force
3. reasonably believes that she is threatened with imminent bodily harm

Question 18

Self Defense

Non deadly force.

DUTY TO RETREAT

Answer 18

Majority rule: no duty to retreat.

Question 19

Right of Aggressor to Use Self-Defense

Answer 19

Generally, no right to use force in her own defense during confrontation.

BUT CAN REGAIN RIGHT

• by withdrawal or retreat: good faith attemps to remove herself from fight AND communicates desire
• sudden escalation:

Question 20

Defense of Dwelling

1. non deadly force

2. deadly force

Answer 20

1. justified to the extent that she reasonably believes that such conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon her dwelling
2. Deadly force justified in 2 situations
   
   1. Tumultuous Entry PLUS personal danger
   2. Felony

Question 21

Defense of Other Property

1. Non deadly force
2. Deadly force

Answer 21

1. Reasonably believe force is needed
2. Never justified unless in conjunction with another privileged use of force

Question 22

DURESS

Answer 22

1. Not applicable to intentional homicide
2. Reasonable belief that death/great bodily harm will be inflicted on himself or on a third person

**unlike necessity, duress always involves a human threat**

Question 23

Mistake of Fact

Answer 23

1. Mistake Must Negate State of Mind
2. Requirement that Mistake Be Reasonable
   
   1. Malice and General Intent Crimes; reasonableness required
   2. Specific Intent Crimes; reasonableness not required

Question 24

Mistake of Law

Answer 24

1. General Rule No Defense

EXCEPTIONS

• ​Statute Not reasonably available
• Reaosnable reliance on statute or judicial decision
• Reasonable reliance on official interpretation or advice
  
  • reliance on attorney doesnt usually work

Question 25

Defense of Entrapment

Answer 25

1. Criminal design must have originated with law enforcement officers; AND
2. the defendant must not have been predisposed to commit the crime prior ot the initial contact by the government.