Criminal law

Question 1

category of homicide

1) 2) 3) 4) 5)

Answer 1

category of HOMICIDE ( if there is killing remember homicide not murder )

1) 1st degree pre mediated murder
2) Second degree murder
3) felony murder
4) voluntary man slaughter
5) involuntary man slaughter

Question 2

Murder

Answer 2

Unlawful killing of human being with malice aforethought

Don”t forget to analyze premediated murder(special intent crime) and voluntary manslaughter (if there is adequate provocation) and

felony murder(especially burglary)

voluntary Intoxication is a defent to the underlying crime !

Question 3

Malice aforethought is 1) 2) 3) 4) Cf. Deliberately driving a car into a gasoline pomp is

Answer 3

Malice aforethought is 1) intent to kill 2)intent to inflict great bodily harm 3) reckless indifference to an unjustifiably high risk to human life like bullets recochets 4)intent to commit felony Here woman’s act of firing an automatic weapon in a populated bank demonstrate the reckless indifference necessary to show malice aforethought Deliberately driving a car into a gasoline pump demonstrates a reckless indifference to a high risk to human life .this is sufficient for a finding of malice aforethought for the murder charge,

Question 4

felony murder

Answer 4

The defendant could be convict of either murder with malice aforethought or felony murder with arson as the underlying felony

Question 5

felony is

Answer 5

felony is crime punished by death or imprisonment for more than 1 year

Question 6

1st degree pre mediated murder

Answer 6

premediated murder requires premediated intent to kill Premediated means that the D actually reflected on the idea of killing beforehand. deliberate means that the D made the decision to kill in a cool and despassonate manner. Cf The acts of going out and buying the poison and putting it in the coffee show a thought out plan with a premediated intent to kill. The defendant also had sufficient cooling off time to act with deliveration.

Question 7

voluntary man slaughter

Answer 7

requires a killing that would be murder but for the existance of adequate provocation Provocation is adequate if 1) D was provoked 2) there was no sufficient time for a reasonable person to cool if off

Question 8

involuntary man slaughter including ( ) manslaughter(not felony murder)

Answer 8

if grossly negligent results in the accidental death of other person misdemeanor manslaughter involuntary manslaughter when a death occurs accidentally during the commission of a mis dem ean anor or other unlawful act.

Question 9

Arson is

Answer 9

at common law malicious burning of the dwelling of the another Malice is proved by showing reckless disregard for an obvious or high risk that the structure would burn. At common law the structure is dwelling if it is used for business.

Question 10

The burden of proof

Answer 10

In a criminal case , the prosecution must prove each element of a crime beyond a reasonable doubt. The burden of pesuasion only shifts to theD when he claims an affirmative defense don’t forget felony murder!! # the defendant could be convicted of either murder with malice aforethought or felony murdr with arson as the underlying felony

Question 11

the defendant Deliberately driving a car into a gasoline pump and burned the C’s dwelling and during the commission of that arson caused the C’s death?

Answer 11

Deliberately driving a car into a gasoline pump demonstrates a reckless indifference to a high risk to human life .this is sufficient for a finding of malice aforethought for the murder charge,

Question 12

felony murder

Answer 12

any death during the commission or attempt to commit felony

Question 13

Larceny

Answer 13

Larceny is a taking and carrying away of personal property of another without consent with the intent to permanently deprive the owner of the item.

Question 14

Larceny by trick

Answer 14

Larceny by trick occurs where D obtains possession of personal property with owners consent By misrepresentation or fraud

Question 15

Extortion

Answer 15

Extortion is taking another’s property by threat.

Question 16

if V isn’t threatened

Robbery

Answer 16

if V isn’t threatened —attempt robbery factual impossibility is not a defense to an attempt charge

a larceny in the presence of the person by force or threats of immediate death or physical injury to V

Question 17

Embezzlement

Answer 17

embezzlement is fraudulent conversion of another’s personal property by a person in lawful possession of the property.

Question 18

False pretense

Answer 18

False pretense under pretence of love obtaining title to personal property of another by fraud or misrepresentation

Question 19

Burglary

Answer 19

Burglary(under common law) breaking and entering a dwelling of another at nighttime with the intent to commit felony inside. Modern law non-residential location,anytime

Question 20

Assault

Answer 20

Assault is 1)attempted battery or 2)intent to put V in reasonable apprehension of imminent bodily harm @1)type of assault merged a greater offense of attempted murder but 2)types of assault does not merge into attempted murder.

Question 21

intent?

Battery

Answer 21

Battery is unlawful application of force to another resulting either bodily injury or offensive touching.

% doesn’t require intent ,negligence is enough #Battery is unlawful harmful contact with another

distinguish from intentional tort

from general intent (not spesific intent crime)

Question 22

Aggravated battery

Answer 22

Aggravated battery battery may carry a greater penalty when serious bodily injury use a deadly weapon or victim is a child, woman or police officer.

Question 23

Kidnappng

Answer 23

the movement of human being against that person’s will

Question 24

Rape

Answer 24

Unlawful sexual intercourse with a woman without her effective consent.

Question 25

Statutory rape

Answer 25

carnal knowledge of a female under the age of consent

Question 26

what (violation)if the judge direct the jury to retuen a verdict of guilty?

Answer 26

The Sixth Amendment guarantees an acuused person a fair trial. That right includes the right to an impartial jury which is a jury free from unfair influences.

Question 27

Self defense

Answer 27

A person may use reasonable force if the D reasonably believes it is necessary to avoid the imminent use of unlawful force by another

Question 28

the imminent use of unlawful force by another Deadly force

Answer 28

The issue is whether the neighbor was privileged to use deadly force in self defense given the situation. A person may use deadly force in self defense when he is without fault, confronted with unlawful force and threatened with imminent death or greatly bodiliy harm.

Question 29

DEFENSE of others

Answer 29

Under the majority, a person may defend others if reasonably believes the person assisted has the legal right to use force in own defense.

Question 30

DEFENSE of property

Answer 30

A person in lawful possession of property threatened by another’s act with no time to seek law enforcement may take non deadly force to protect the property. The force cannnot be unreasonably disproportionate to the perceived harm.

Question 31

INSANITY 1) 2) 3) 4)

Answer 31

At the time of a crime, If the defendant is so mentally ill, he is excused from legal responsibility there are four test DIMM 1)under Durham 2)Under M’Naghten 3)Irresistible Impulse 4)Modern Penal Code

Question 32

M’Naght ten

Answer 32

2) Under M’Naghten the defendant is not guilty due to a mental disease defendant did not know nature and quality of the act or wrongfullnes of the act * may be defense even if the D knows an act is agaist law but does not know morally wrong

Question 33

Durham

Answer 33

1) Under Durham a defendant is not guilty if the unlawful act is the product of the de”s mental disease or defect, and the defendant would not have been committed act but for the disease or defect.

Question 34

Irresistible Impulse

Answer 34

Irresistible Impulse Under irresistible impulse adefendant is not guilty if due to mental illness she is unable to control or conform action to the law.

Question 35

Modern Penal Code

Answer 35

(Naughten OR irresistible impulse) combines M’Naghten and irresistible impulse at the time of the act, due to the mental disease or defect the defendant lacks substantial capacity to appreciate the wrongfulness of the act or conform actions to the law

Question 36

Voluntary intoxication

Answer 36

Voluntary intoxication is the intentional taking of a substance known to be intoxicating (actual intoxication need not be intended.) #voluntary intoxication can be the basis for a defense to a specific intent crimes if it negates intent(mans rea of the offense) unless intent is formed before intoxication. not a defense when crime reqiures malice(common law murder arson), recklesness, neglifence or strict liablity crime

Question 37

共犯

Answer 37

Accomplice A person who aids or encourages another person to commit a crime with the intent to encourage the crime A party guilty of accomplice liability will be responsible for the crime he commits, and also be responsible for the other crime committed in the course of committing the crime as long as the other crimes are probable and foreseeable. # cannnot be convicted unless principal(one who commits the actus reus ) is in guilty # the accomplice will be liable for these additional crimes even if the accidental killing comes about against the express prior intent.

Question 38

solicitation

Answer 38

asking someone to commit a crime, with the intent that they do so # complete as soon as the solicitor makes her request even if the other refuses

Question 39

Conspiracy

Answer 39

agreement between two or more people to commit a crime plus an overt act in preparation of the crime

each member is liable for reasonably foreseeable crimes committed by the others in furtherance of the conspiracy

In this case it was foreseeable that entering into the bank to rob it with loaded guns could result in firing those guns and killing someone

Question 40

Accessory

Answer 40

An accessory to a crime is determined on whether one aided assisted or encouraged the principal of a crime either before or during the commission of the crime.

Question 41

Accessory after the fact

Answer 41

knowingly

assists one who has committed a crime

after the person has committed the crime

with intent to help the person avoid arrest,trial,or conviction.

A D can be liable for a crime even though the person who commit the crime was not convicted

Question 42

Merger doctrine Cf

when is the lesser is included?

Answer 42

under the merger doctrine,if a person conduct constitutes a felony and a misdemeanor, the misdemeanor merges into felony and the person can be convicted of the felony

if every element of lesser offense is also an element of greater offense it it lesser included offence

solicitation and attempt merge into completed offense

conspiration does not marge

Question 43

Attempt

Answer 43

Attempt requires intention!!! Attempt requires substantial step to commit a criminal act with specific intent to commit it which fails to be completed. Attempted kidnapping requires that the defendant have the intent to commit a kidnapping and take a sustantial step toward the commission of kidnapping

Question 44

causation 1 ( ) cause 2 ( )cause

Answer 44

to prove (homocide), the prosecution shows defendant’s act was the actual and proximate cause of the victim’s death. IF but for the defendant’s acts the Victim would not have died, the defendant is the actual cause of the death. If there are multiple causes of the death, the defendant is the actual cause when the defendant’s acts are a substantial factor in causation the death. Proximate cause exists when the Victim’s death is foreseeable result of defendant acts. Unforeseeable intervening event severs the casual connection between a defendant’s acts and a vitim’s death. #whether an intervening act is suficient to break the chain of causality in a homicide case rests on the foreseeablity of the intervening act.

Question 45

Mistake of fact (unreasonable) defense to defense to if cannot be defense to

Answer 45

Mistake of fact can be a defense to specific intent crimes even it was not reasonable.

Only a reasonable mistake of fact can be a defense to general intent crime cannnot be defense to strict liability crimes.

Since the defendant’s mistake in answer X negates his intent to commit the X he should be acquitted of X

Question 46

receiving stolen property if the

Answer 46

The crime of receiving stole n property requires that 1)the D receives stolen personal property 2)that he knows was obtained through a criminal offense 3)with the intent to permanently deprive the owner of the property of it

entrapment doesnot suffice the element of stolen status of the property

Question 47

The burden to prove the D ‘s sanity

Answer 47

The burden to prove the D ‘s sanity at the time of the crime beyond a reasonable doubt is on the prosecution

Question 48

an intervening act

Answer 48

whether an intervening act is sufficient to break the chain of casality in a homicide case rests on the foreseeability of the intervening act.

Question 49

Forgery is

Answer 49

Under common law

forgery is

creating or altering

a document with purpoted legal significance

to be false

with the intent to defraud

Question 50

factual impossiblity

Answer 50

if M had tried to pickpocket someone’s wallet but that person had left their wallet at home, M would nonetheless be liable for attempted larceny. So it is here with regard to attempt liability.

Question 51

全ての罪の構成要件を空で言えないと２問目が解けない（２問目に時間はかけられない）

Question 52

False impreasoment requires

Answer 52

1) unlawful confinement of a paerson without his valid consent

Question 53

Kidnapping is

Aggrevated kidnapping

Answer 53

false imprisonment (unlawful confinement of a person without his valid consent)

that involves

1) some movement of the victim
2) concealment of the victim in a secret place

Aggrevated kinapping

kidnappinf fore ransom,for the purpose of commiting other crimes .

Question 54

Adultery requires

Answer 54

commitment by bothe paries to sexual intercourse if tither is validely married to some one else,

Question 55

Bigamy

Answer 55

common law strict liability offense of marrying someone while having another living spouse

Question 56

偽造

偽造文書行使

Answer 56

Forgery requires

making or altering（改ざん） a writing

with apparent legal signifficanse （法的に重要な）

so that is is false

with intent to defraud

Uttering requires

offering as genuine an instrument that

may be subjeect of forgery and is false

withe the intent to defraud

Question 57

恐喝

Answer 57

Extortion(black mail) consists of

obtaining property by means of threats to do harm or to expose information,

Question 58

Rape

Statutory rape

Answer 58

Rape consists of unlawful carnal knowledge of awoman by ,not here husband,a man withoug her effective consent

Statutory rape

Carnal knowledge of a femail under the age of consent .

Statutory rape is a strict liability crime

Even if the man mistakes that the woman is the ageof consent or more

he is guilty of statuteory rape.

Question 59

For the defendant to be found guilty of manslaughter

Answer 59

For the defendant to be found guilty of manslaughter, a proximate cause between the illegal act and the resulting death of the victim must exis

Question 60

( ) OF A PERSON WITHOUT HIS VALID CONSENT

KIDNAPPING IS

Answer 60

FALSE IMPRISONMENT

UNLAWFULE CONFINENT OF A PERSON WITHOUT HIS VALID CONSENT

KIDNAPPINT is false impresonment that involves

1) some movement of the victime
2) concealment of the victim in a secret place