Criminal Law

Question 1

Specific Intent Crimes require that

Answer 1

D committed the crime with the intent of causing the result that the law criminalizes

Question 2

Malice

Answer 2

Reckless disregard of a high risk of harm

applies to CL murder & arson

Question 3

Purpose (MPC state of mind)

Answer 3

D’s conscious objective is to engage in the conduct to cause a certain result

Question 4

Knowledge (MPC)

Answer 4

D is aware that his conduct is of the nature required to commit the crime & that the crime is practically certain to result

Question 5

Recklessness (MPC)

Answer 5

Conscious disregard of a substantial and unjustifiable risk that constitutes a gross deviation from the standard of conduct of a law-abiding person in the same situation

Question 6

Negligence (MPC)

Answer 6

D should be aware of a substantial and unjustifiable risk and acts in way that grossly deviates from the standard of care of a reasonable person in the same situation

Question 7

Accomplice Liability

Answer 7

A person is an accomplice in the commission of a crime when he acts with the INTENT of promoting or facilitating the commission of the crime

Question 8

M’Naughten Test

Answer 8

Due to a mental disease or defect, D did not know the nature of the act or did not know that the act was wrong

Question 9

Irresistible Impulse Test

Answer 9

D was prevented from controlling himself due to a mental disease or defect

Question 10

MPC Insanity

Answer 10

Due to a mental disease or defect, D did not have substantial capacity to appreciate the wrongfulness of his actions or to conform his conduct to the law

Question 11

Durham (“But For”) Rule -Insanity

Answer 11

D would not have committed the crime but for his having a mental disease or defect

Question 12

Homicide

Answer 12

The killing of a human being by a another human being and requires a causal connection between the D’s actions and the victim’s death (Actual + Proximate)

Question 13

Common Law Murder (defined)

Answer 13

The unlawful killing of another human being with malice aforethrought

Question 14

Ways to establish CL malice

Answer 14

1) Intent to Kill: D acted with the purpose and desire that the victim end up dead
2) Intent to inflict SBH short of death: D intended to severely injure the victim & the victim died
3) Depraved Heart: D acted with a reckless indifference to an unjustifiably high risk to human life (most jxs require the D to be aware of the danger)
4) Felony Murder: an unintended killing proximately caused by and during the commission of an inherently dangerous felony (BAARK felonies- Burglary, Arson, Robbery, Rape, Kidnapping)

Question 15

Co-felon Death Liability

Answer 15

A co-felon kills another co-felon during the commission he can be held liable for FM.

If a co-felon is killed by a victim/bystander err a police officer during the commission, he will generally not be liable for FM.
(Felon Agency theory- a felon is generally only responsible for the crimes of his agents)

If a victim/bystander is killed by the police during the commission, the felon is not liable in a majority of jxs because the officer is not acting as his agent.

Question 16

Voluntary Manslaughter (CL)

Answer 16

D intends to kill the victim, but was acting in the heat of passion or under extreme emotional disturbance.

This state of mind is less culpable than murder.

Question 17

Involuntary Manslaughter (CL)

Answer 17

An unintentional homie accomplished by:

• A criminally negligent killing (a gross deviation from the standard of care) or
• Killing someone during an unlawful act that is not felony murder

Question 18

Conspiracy

Answer 18

At CL, conspiracy is an agreement between two or more people to commit an unlawful act (does not recognize unilateral conspiracy)

Modern conspiracy statutes require an overt act that is taken in furtherance of the conspiracy.

Question 19

Pinkerton Rule

Answer 19

A c-conspirator is guilty of all foreseeable offenses committed in furtherance of the conspiracy, even if the co-conspirator lacked actual knowledge of its commission.

Question 20

Withdrawal from Conspiracy

Answer 20

At CL it’s impossible to withdraw because conspiracy is complete once the agreement is made

MPC: conspirator can withdraw PRIOR to the commission of an overt act by: communicating his attention to withdraw to all other co-conspirators or informing law enforcement

Question 21

Attempt

Answer 21

Requires:

(1) A specific intent to commit the target offense
(2) A substantial step taken toward completing the offense

Question 22

Larceny

Answer 22

1) the taking and carrying away of the personal property of another
2) without permission (Trespassory)
3) with the intent to permanently deprive the person of that property

Question 23

Robbery

Answer 23

Larceny + Force or intimidation

1) Larceny: The trespassory taking and carrying away the proper of another with the intent to permanently deprive the person of that property.
2) The taking is from the victim’s person or in his presence
3) By use of force or intimidation

Question 24

Burglary

Answer 24

CL: The breaking and entering of the dwelling of another at nighttime with the intent to commit a felon therein.

Question 25

Embezzlement

Answer 25

D lawfully possesses the property of another and then later fraudulently converts the property to his own use.

Question 26

False Pretenses

Answer 26

D obtains title to the property of another through the reliance of that person on D’s false representation of a material fact given with the intent to defraud.

Question 27

Larceny by Trick

Answer 27

D obtains possession (but not title) to property owned by another through fraud or deceit; with the intent to permanently deprive the victim of their property; resulting in conversion of the property.

Question 28

Kidnapping

Answer 28

the unlawful confinement of a person against his will, coupled with either the movement or hiding of the victim

Question 29

Arson

Answer 29

CL: the malicious burning of the dwelling of another

Question 30

Duress:

Answer 30

A third party’s unlawful threat causes D to reasonably believe that the only way to avoid death or SBH to himself or another is to violate the law, causing him to do so.

Not a defense to an intentional killing.

Question 31

What crimes will intoxication provide a defense to?

Answer 31

Involuntary intoxication will prove a defense to both general and specific intent crimes

Voluntary intoxication will only provide a defense to specific-intent crimes when It negates the requisite intent (FIAT crimes)