Criminal Law

Question 1

Specific Intent Crimes

Answer 1

1) Solicitation
2) Attempt
3) Conspiracy
4) 1st Degree Murder
5) Assault
6) Larceny, Robbery
7) Burglary
8) Forgery
9) False Pretenses
10) Embezzlement

Question 2

General Intent Crimes

Answer 2

1) Battery
2) Rape
3) Kidnapping
4) False Imprisonment

Question 3

Malice Crimes

Answer 3

1) Common Law Murder

2) Arson

Question 4

Strict Liability

Answer 4

1) Statutory Rape
2) Selling Liquor to Minors
3) Bigamy

Question 5

Solicitation

Answer 5

The crime of solicitation is inciting, counseling, advising, urging, or commanding someone to engage in criminal conduct, with the intent that the solicited person commit the crime.

Question 6

Attempt

Answer 6

an act done with the intent to commit a crime, that falls short of completing the crime.

Question 7

Conspiracy

Answer 7

A conspiracy requires 1) an agreement between two or more persons, 2) an intent to enter into the agreement, and 3) an intent by at least two persons to achieve the objective of the agreement which must be criminal in nature.

Most jurisdictions also require an overt act.

Question 8

Common Law Murder

Answer 8

killing another human being with malice aforethought.

Question 9

Assault

Answer 9

Multi state:

1) intentionally putting another in reasonable apprehension of an imminent bodily harm or
2) attempted battery

FL - intentionally putting another in reasonable apprehension of an imminent bodily harm due to 1) unlawful threat (by word or act) to do violence, 2) an apparent ability to do so, and 3) an act which creates the fear

Question 10

Larceny

Answer 10

A taking and asportation of tangible personal property of another by trespass with the intent to permanently deprive the person of their interest in the property.

Question 11

Robbery

Answer 11

The unlawful taking of property from another’s person or presence another through the use of threat or force with the intent to permanently deprive.

Question 12

Burglary

Answer 12

A breaking and entry of a dwelling of another at nighttime with the intent to commit a felony in the structure.

Question 13

Forgery

Answer 13

Making or altering a writing with apparent legal significance so that it is false with intent to defraud.

Question 14

False Pretenses

Answer 14

Obtaining title to the personal property of another by the intentional false statement of a past or existing fact with intent to defraud the other.

Question 15

Embezzlement

Answer 15

The fraudulent conversion of personal property of another by a person in lawful possession of that property.

Question 16

Statutory Rape

Answer 16

Carnal knowledge of a person under the age of consent.

Question 17

Larceny by trick

Answer 17

Obtaining custody to the personal property of another by the intentional false statement of a past or existing fact with intent to defraud the other.

Question 18

Extortion

Answer 18

the corrupt collection of an unlawful fee by a officer under color of office.

Question 19

Receipt of Stolen Property

Answer 19

Knowingly receiving possession and control stolen personal property with the intent to permanently deprive the owner of the property of its possession.

Question 20

Malicious Mischief

Answer 20

The malicious destruction of or damage to the property of another.

Question 21

Manslaughter

Answer 21

Multistate:
Voluntary Manslaughter - an intentional killing committed in a “heat of passion” that results from provocation.

Provocation is adequate if:

1) it would arouse sudden and intense passion in an ordinary person causing him to lose self-control
2) the defendant was in fact provoked
3) no sufficient time for reasonable person to cool
4) defendant in fact did not cool

Involuntary Manslaughter - death caused by either criminal negligence or an unlawful act

FL - killing of another by act, procurement or culpable negligence without legal justification. No voluntary/involuntary distinction in FL.

Question 22

Perjury

Answer 22

intentional taking of a false oath in regard to a material matter.

Question 23

Subornation of Perjury

Answer 23

procuring or inducing another to commit perjury

Question 24

Bribery

Answer 24

the corrupt payment or receipt of anything of value for official action.

Question 25

Compounding a Crime

Answer 25

agreeing for valuable consideration not to prosecute another for a felony or to conceal the commission of a felony or the whereabouts of a felon.

Question 26

Battery

Answer 26

Common Law:
harmful or offensive touching of another’s person without consent and with general intent

Florida:
harmful or offensive touching of another’s person without consent and with specific intent

Question 27

Aggravated Battery

Answer 27

FL - battery on a pregnant victim (who defendant knew or should have known was pregnant
With use of a deadly weapon
Intentionally or knowingly causes great bodily harm

Question 28

Aggravated Assault

Answer 28

Multistate - assault with a deadly weapon or intent to rape, maim, or murder

FL - assault with a deadly weapon or intent to commit a felony