Criminal Law 9-15

Question 1

Murder

Murder under the Model Penal Code (MPC)

Answer 1

The killing of a person either:

Committed purposely/knowingly; OR

Recklessly under circumstances manifesting an extreme indifference to the value of human life.

*Recklessness and indifference are presumed if the killing occurred during the commission of or an attempt to commit a dangerous felony (Felony Murder Rule).

Priority: N/A

Question 2

Murder

Felony Murder Rule

Answer 2

A person is guilty of murder if a person is killed during:

Commission of (or attempt to commit) a felony; OR

Felony escape.

*All participants of the crime will be found guilty.

Priority: Medium

Question 3

What is VoluntaryManslaughter?

Answer 3

An intentional killing of a person with adequate provocation.

Adequate provocation is established if:

The defendant was provoked;

A reasonable person would have been provoked;

There was not enough time to cool off before the killing; AND

The defendant DID NOT cool off before the killing.

Priority: HIGH

Question 4

What is InvoluntaryManslaughter?

Answer 4

An unintentional killing of a person committed:

Recklessly;

Under the Misdemeanor Murder Rule;

During a non-dangerous felony; OR

Criminal negligence.

Priority: Low

Question 5

What is Manslaughter under the Model Penal Code (MPC)?

Answer 5

The killing of a person:

Committed recklessly; OR

Which would otherwise be murder, but is committed under the influence of extreme mental or emotional disturbance.

*The MPC doesn’t distinguish between voluntary/involuntary manslaughter.

Priority: N/A

Question 6

What are the elements of Larceny?

Answer 6

The:

Trespassory taking,

And carrying away,

Of the personal property of another,

With the intent to permanently deprive the owner of the property.

*Larceny by Trick = when one obtains possession of another’s property by trick or deception.

Priority: Medium

Question 7

How is a trespass defined under the

Continuing TrespassDoctrine?

Answer 7

A trepass is considered continued until the intent to permanently deprive arises.

Thus, one is still liable for larceny EVEN THOUGH the intent to permanentlydeprive the owner of the property did not arise until after the taking.

Priority: Low