Criminal Law

Question 1

Murder

Answer 1

Murder is the intentional killing of a human being by another with malice aforethought (without excuse, justification, or mitigation).

Question 2

First-Degree Murder

Answer 2

First-degree murder includes muder with premeditation and deliberation and felony murder.

Question 3

First-Degree Murder: Premeditation & Deliberation

Answer 3

The intentional killing of a human being by another without excuse, justification, or mitigation and with premeditation and deliberation.

• Premeditation–actually thought about it
• Deliberation–cool headed/cold blooded

Question 4

First-Degree Murder: Felony Murder

Answer 4

Felony murder is the killing of a human being by another during the course of an inherently dangerous felony.

Question 5

Felony Murder: Inherently Dangerous Felony (Common Law)

Answer 5

MRS. BAKER
Mayhem
Rape
Sodomy

Burglary
Arson
Kidnapping
Escape
Robbery

Question 6

Felony Murder: Inherently Dangerous Felony (Maryland)

Answer 6

MRS. BAKER + Carjacking and explosives-related crimes.

Question 7

Second-Degree Murder

Answer 7

Second-Degree Murder includes intentional (but not premeditated and deliberated) murder and depraved-heart murder.

Question 8

Second-Degree Murder: Intentional Killing

Answer 8

Second -degree murder is the intentional killing of a human being without excuse, justification, or mitigation with the specific intent to kill or cause serious bodily injury.

Question 9

Second-Degree Murder: Depraved Heart Murder

Answer 9

The UNintentional killing of a human being which results from an act done with wanton and willful disregard of an unreasonable risk to human life.

• must be extreme gross negligence
• must create a high degree of risk of death or serious bodily injury (ex: playing Russian Roulette)

Question 10

Manslaughter

Answer 10

Mitigated killings; includes both voluntary (intentional) and involuntary (no intent to kill or injure).

Question 11

Voluntary Manslaughter

Answer 11

Voluntary manslaughter includes both heat of passion or imperfect defenses.

Question 12

Voluntary Manslaughter: Heat of Passion

Answer 12

The intentional killing of another while in the heat of passion caused by legally adequate provocation.

• the passion must be actual and reasonable
• def did not have time to cool off subjectively and objectively

Question 13

Heat of Passion: Legally Adequate Provocation

Answer 13

Legally adequate provocation is provocation sufficient to arouse sudden and intense passion in the ordinary person. A legally accepted reason for killing, which is not a justification or excuse, but mitigates the killing.

• attempted battery
• mutual combat

Question 14

Voluntary Manslaughter: Imperfect Defenses

Answer 14

The intentional killing of a human being under the honest but unreasonable belief that s/he is facing an imminent attack involving deadly force.

This defense will mitigate a killing from murder to voluntary manslaughter where a person has an honest but unreasonable belief that deadly force is necessary to defend another person from a deadly attack.

Question 15

Involuntary Manslaughter

Answer 15

An UNintentional killing that is nonetheless criminal; either criminal negligence or misdemeanor manslaughter.

Question 16

Involuntary Manslaughter: Criminal Negligence

Answer 16

An UNintentional killing that results from criminal (gross) negligence.

Question 17

Involuntary Manslaughter: Misdemeanor Manslaughter

Answer 17

The killing of a human being caused by another during the course of a malum in se misdemeanor.

• intent is not an element.
• in MD, the underlying misdemeanor must involve a wanton and reckless disregard for human life.
• death must be a natural or foreseeable consequence (proximate cause) of the underlying misdemeanor.

Question 18

Defense: Self-Defense

Answer 18

Killing under the honest and reasonable belief of imminent danger.

• proportionality requirement: must use reasonable force, meet non-deadly force with non-deadly force.
• cannot be the aggressor
• MD: duty to retreat if you can do so safely
• Castle doctrine: not required to retreat in your own home.

Question 19

Common-Law Larceny

Answer 19

Wrongful taking an carrying away of personal property of some value of another with intent to permanently deprive.

• value does not have to be monetary
• you CAN steal something that is itself illegal (i.e., can steal someone’s illegal drugs).

Question 20

The Three NOTs of Larcency

Answer 20

1. If at the time of the taking, def intents to return property to owner, it is NOT larceny.
2. If def mistakenly believes that she owns the property, it is NOT larceny.
3. If def mistakenly believes that owner owes property to def, it is NOT larceny.

Question 21

Common-Law Embezzlement

Answer 21

The fraudulent conversion of the tangible personal property of value of another after the def has obtained lawful possession with the specific intent to permanently deprive.

Question 22

Common-Law False Pretenses

Answer 22

False pretneses occurs when def, with specific intent to defraud, obtains titled to the personal property of another by knowingly making a false representation of a material fact which causes the victim to pass title to def.

*owner must pass title/ownership over to defendant

Question 23

Common-Law Receiving Stolen Goods

Answer 23

A defendant receives stolen goods when he knowingly receives stolen property with the specific intent to permanently deprive the owner of his property.

*once police take custody of goods, they are no longer stolen.

Question 24

Maryland Theft Statute

Answer 24

All common-law theft crimes are THEFT in Maryland: the taking of the property of another with intent to deprive.

• taking can be accomplished by physical taking, receiving, deception, or keeping identifiable lost items.
• property is expanded beyond personal property to include documents, service rentals, and real property.
• $0-$999= misdemeanor/ $1000+ = felony.
• intent to deprive need NOT be permanent

Question 25

Common-Law Robbery

Answer 25

Larceny by force or threat of force from the person or presence of another. *force or threat must cause victim to give up property.

Question 26

Maryland Robbery

Answer 26

Larceny by force or threat of force from the person or presence of another. * force or threat must cause victim to give up property. * remember, in MD, definition of property is explanded and intent to deprive need NOT be permanent.

Question 27

Maryland Robbery w/ Dangerous & Deadly Weapon

Answer 27

Larceny by force or threat of force from the person or presence of another while employing a dangerous weapon or a written threat of a dangerous weapon. * deadly weapon--any weapon likely to cause death or serious bodily injury. * includes penknives and things that are NOT deadly weapons under deadly weapon statute.

Question 28

Maryland Carjacking

Answer 28

The taking of unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence.

Question 29

Maryland Armed Carjacking

Answer 29

The taking of unauthorized possession or control of a motor vehicle from another individual who actually possesses the motor vehicle, by force or violence, or by putting that individual in fear through intimidation or threat of force or violence while employing or displaying a deadly weapon.

Question 30

Common-Law Assault

Answer 30

Either: (1) Attempted Battery-Type: general attempt to cause unauthorized offensive touching of another. Victim need not be aware of attempt. (2) Intentionally placing another in fear of an imminent battery. Must have intent to frighten victim and victim must be aware.

Question 31

Common-Law Battery

Answer 31

The intentional or negligent unauthorized touching of another.

Question 32

Maryland Second-Degree Assault

Answer 32

Common-law assault OR battery. Includes assault on a police officer.

Question 33

Maryland First-Degree Assault

Answer 33

Second-degree assault either (1) with a firearm; or (2) with specific intent to cause serious bodily injury.

Question 34

Maryland Reckless Endangerment

Answer 34

Any conduct that creates a substantial risk of death or serious physical injury, where the risk is known or should be known by the actor.

Question 35

Common-Law Rape

Answer 35

Unlawful sexual intercourse by a male with a female by force or threat of force without her consent. *requires some penetration of vagina.

Question 36

Common-Law Statutory Rape

Answer 36

Sexual intercourse by a male with a female who is under the age of consent. *strict liability crime. Neither consent nor honest and reasonable mistake of age is a defense.

Question 37

Maryland Telephone Misuse

Answer 37

Making anonymous calls, repeated calls, OR obscene comments over the phone with the specific intent to annoy, harrass, etc.

Question 38

Maryland Stalking

Answer 38

A pattern of conduct that includes approaching or pursuing another with the specific intent to place that person or another in reasonable fear of death or serious bodily injury.

Question 39

Maryland Harrassment

Answer 39

A pattern of conduct in a public place without a lawful purpose with specific intent to annoy, harrass, etc. another after a reasonable warning to desist.

Question 40

Common-Law Burglary

Answer 40

The breaking and entering of the dwelling house of another in the nighttime with intent to commit a felony. * dwelling house = adapted for sleeping * breaking/entering can be actual (breaking a window) or constructive (by fraud, trickery, deceit, force or threats). * merely walking through an open door or window (without moving or touching the door) is not breaking.

Question 41

Maryland First-Degree Burglary

Answer 41

The breaking and entering of the dwelling house of another with the intent to commit a theft or crime of violence.

Question 42

Maryland Second-Degree Burglary

Answer 42

The breaking and entering of the storehouse of another with the intent to commit a theft, crime of violence, or arson. *storehouse = non-dwelling structure.

Question 43

Maryland Third-Degree Burglary

Answer 43

The breaking and entering of the dwelling house of another with intent to commit ANY crime, usually a misdemeanor.

Question 44

Maryland Fourth-Degree Burglary

Answer 44

Three Types: (1) The breaking and entering of dwelling or storehouse with NO intent; (2) Being on premises of another with intent to commit theft (NO breaking or entering); or (3) Possession of burglar tools with intent to commit theft.

Question 45

Common-Law Arson

Answer 45

Intentionally burning the dwelling house of another. * burning = some charring * dwelling house = adapted for sleeping * of another; cannot arson your own home.

Question 46

Maryland First-Degree Arson

Answer 46

Intentionally burning a dwellling or other structure with a person(s) in it. * includes def's own home * dwelling includes outbuildings close to home.

Question 47

Maryland Second-Degree Arson

Answer 47

Intentionally burning a non-dwelling structure. *includes cars, boats, etc.

Question 48

Maryland Malicious Burning (First- or Second-Degree)

Answer 48

Intentioanlly burning personal property of another. $0 - $999 = 2d degree $1000+ = 1st degree.

Question 49

Maryland Burning w/ Intent to Defraud

Answer 49

Intentionally burining any property with specific intent to defraud.

Question 50

Maryland Destruction of Property

Answer 50

Intentionally damaging the property of another. * a misdemeanor, but penalty is greater for property worth $500+ * property can be real or personal, no value necessary * must have general willful and malicious intent and the specific intent to damage.

Question 51

Maryland Trespass on Private Property After a Warning

Answer 51

A person may not enter or remain on land after notice not to enter or leave. A misdemeanor.

Question 52

Maryland Possession of a Deadly Weapon

Answer 52

A person may not wear or carry a deadly weapon openly with specific intent to injure OR concealed (regardless of intent). * deadly weapon includes switchblades, throwing starts, etc. Anything likely to cause serious bodily injury. * does NOT include penknives or handguns.

Question 53

Maryland: Handgun Defined

Answer 53

A handgun is a concealable firearm. * concealable = not a rifle * firearm = uses gunpowder, no bb or water * need NOT be loaded.

Question 54

Maryland Wear, Carry, or Transport a Handgun

Answer 54

A person may not wear, carry, or transport an operable handgun. *not a crime if owner has permit, is in his own home or business, or traveling (b/t homes, home and business, to/from gun repair shop, sporting or hunting event)

Question 55

Maryland Use of a Handgun During a Felony or Crime of Violence

Answer 55

A person may not employ a handgun or antique firearm during any felony or crime of violence.

Question 56

Maryland Possession of Controlled Dangerous Substances (CDS)

Answer 56

A person may not possess controlled dangerous substances. *possession is dominion or control. May be joint or exclusive, actual or constructive.

Question 57

Constructive Possession

Answer 57

Remember MPx3 Mutual use & enjoyment Proprietary Interest. (def has property interest in place where CDS is found) Plain view or within def's knowledge Proximity (def's closeness to CDS indicates possession).

Question 58

Maryland CDS Distribution

Answer 58

A person may not transfer physical possession of CDS. *sale is NOT required.

Question 59

Maryland Possession w/ Intent to Distribute CDS

Answer 59

Possession of a sufficient quantity of CDS to indicate, under all of the circumstances, an intent to distribute. Not merely for personal use.

Question 60

Inchoate Crimes: Attempt

Answer 60

Taking a substantial step toward the commission of a crime with the specific intent to commit the crime. * attempt is always a specific intent crime, even where underlying offense is not. Ex: attempted statutory rape requires specific intent to have sex with minor although crime itself is strict liability. * substantial step = beyond mere preparation.

Question 61

Inchoate Crimes: Solicitation

Answer 61

Encouraging another to commit a crime with specific intent that s/he commit the crime. * if the person solicited agrees to commit the crime, then a conspiracy has been formed and the crime of solicitation merges into conspiracy. * spark: X "asked" Y to commit crime, this is solicitiation.

Question 62

Inchoate Crimes: Conspiracy

Answer 62

An agreement between two or more persons to commit a crime with the specific intent to commit the crime. * no overt act required in MD * conspiracy terminates when point of safety reached * even if one withdraws (notifies co-cons and thwarts), she is still guilty of the conspiracy, but not the completed crime. * impossibility is NEVER a defense to conspiracy

Question 63

Incompetence

Answer 63

Occurs when, at the time of trial, defendant is unable to understand the nature of the proceedings against him OR unable to assist counsel in defense. * this is NOT a defense, but a way to avoid trial * def can be forcibly medicated to become competent

Question 64

Insanity

Answer 64

Because of mental disease or defect, def lacks a substantial capacity to appreciate the criminality of his actions (M'Naghten test) OR is unable to conform her conduct to the law (irresistable impulse). *mental state is judged at the time of crime *a complete defense *M'Naghten: def either (1) did not know his actions were wrong; or (2) did not know nature and quality of his actions. Durham: unlawful conduct is a product of mental disease--a but-for test.

Question 65

Maryland: Guilty But Not Criminally Responsible

Answer 65

Defendant is judged guilty, but not responsible, and receives a prison term to follow any mental health treatment.

Question 66

Involuntary Intoxication

Answer 66

Involuntary intoxication is a complete defense to ALL crimes.

Question 67

Voluntary Intoxication

Answer 67

Voluntary intoxication is a defense to specific intent crime if the intoxication negates the required mental state. It is NO defense to a general intent crime. *voluntary intoxication CAN be a defense if the alcoholism is severe, longstanding, and leads to legal insanity.

Question 68

Mistake of Law

Answer 68

Ignorance of the law is no defense, EVER.

Question 69

Mistake of Law: The Flip Side

Answer 69

Even if act is done with the most malicious intent, if the act is not a crime, def is not guilty.

Question 70

Mistake of Fact

Answer 70

Mistake of Fact is a defense to specific intent crimes is mistake negates required specific intent or knowledge.

Question 71

Co-Conspirator Liability

Answer 71

Conspirators are liable for each others' actions committed during and in furtherance of the conspiracy.

Question 72

Accessory Before the Fact

Answer 72

An accessory before the fact is one who conspired with the actual perpetrator or who aided, advised, or encouraged the commission of a crime, but who was not actually present at the scene. * in every instance, an accessory before the fact is also a conspirator * accessory before the fact is punished as a principal.

Question 73

Accessory After the Fact

Answer 73

An accessory after the fact is one who was not present at the scene of the crime, but knowing of the crime, aided the perpetrator in escaping from the law or concealing the crime or evidence of the crime. *applicable only to felonies

Question 74

Maryland Rape & Sexual Offense Statute

Answer 74

The Maryland sexual offense statute is a gender neutral statute that covers three types of offenses (rape, sexual act, and sexual conduct) under three circumstances (aggravated, without aggravation, and with a person statutorily incapable of consenting). *statute is entirely gender neutral.

Question 75

Maryland Sexual Offense Statute: Offenses

Answer 75

The three offenses covered by the statute are: (1) rape--common law meaning, except that marriage is not a defense (2) sexual act--slightest penetration by any object or part of an individual's body into the genital or anal opening of another person's body (includes cunnilingus, fellatio, analingus, and anal intercourse. NOT vaginal intercourse--that would be rape) (3) sexual contact--intentional touching of any part of either party's intimate parts for the purposes of sexual arousal, gratification, or abuse of either party.

Question 76

Maryland Sexual Offense Statute: Circumstances

Answer 76

The three circumstances are: (1) aggravated (2) person incapable of consenting (3) not aggravated

Question 77

Merger: Attempt

Answer 77

At common law, a defendant CANNOT be convicted of an attempt to commit a crime and the crime itself. * on the MBE, an answer which has the def guilty of the attempt and the substantive crime is wrong. * in states where a def can be convicted of both attempt and the substantive crime, the attempt MERGES into the completed offense.

Question 78

Merger: Conspiracy & Solicitation

Answer 78

If the person solicited agrees to commit the crime, then a conspiracy is formed and the crime of solicitation merges into the conspiracy. Likewise, if the person solicited commits the crime, the solicitation is merged into the solicitor's liability for the completed crime as an accomplice.