Criminal Law

Question 1

Homicide needs a

Answer 1

dead body

Question 2

4 types of murder

Answer 2

Intent to kill, intent to inflict serious bodily injury, felony murder, depraved heart murder

Question 3

Intent to kill requires

Answer 3

Premeditation + Intent

Question 4

Intent to Inflict Serious Bodily Injury means there was intent to

Answer 4

injure a person, not kill them

Question 5

Felony murder is

Answer 5

death resulting from commission of a dangerous felony

Question 6

Dangerous felonies (BARRK)

Answer 6

Burglary, Arson, Rape, Robbery, Kidnapping

Question 7

Depraved Heart Murder

Answer 7

Does not have intent, It is the reckless (knew or should have known) disregard of human life

Question 8

2 types of manslaughter

Answer 8

Voluntary and Involuntary

Question 9

Voluntary manslaughter consists of

Answer 9

adequate provocation that put you in the heat of passion and you had no time to cool off

Question 10

Involuntary manslaughter consists of

Answer 10

negligent conduct that caused a killing

Question 11

Degrees of murder on the MBE

Answer 11

Everything will be common law unless they give you a statute defining what the degrees include

Question 12

Inchoate Crimes include

Answer 12

attempt, conspiracy, and solicitation

Question 13

Attempt is when

Answer 13

you have the specific criminal intent to commit the crime and you commited some overt act or took a substantial step towards the commission

Question 14

Conspiracy is when

Answer 14

two or more people agree to commit a crime

Question 15

For conspiracy, once there is an agreement ____

Answer 15

both parties will always be guilty even if they never commut the crime

Question 16

• Co-Conspirator Rule

Answer 16

once there is a valid conspiracy, any crime committed by one conspirator, all other conspirators will be guilty of those crimes as long as those crimes are in furtherance of the conspiracy.

Question 17

Withdrawal

Answer 17

You can’t withdraw from the crime of the conspiracy BUT you can withdraw from other crime that flow from the conspiracy as long as you give notice to co-conspirator or the police prior to the crime being committed.

Question 18

Solicitation

Answer 18

to encourage, entice, motivate another person to commit a crime with the specific intent that they actually commit that crime

Question 19

Specific Intent Crimes

Answer 19

Burglary, Larceny, Robbery, Assault, Larceny by Trick, False Pretenses, Embezzlement, Accomplice Liability/Accessory before the fact, Accessory after the fact

Question 20

Burglary is a

Answer 20

breaking and entering a dwelling of another at night with the intent to commit a felony

Question 21

Entering is

Answer 21

any part of your body entering the threshhold

Question 22

Larceny is

Answer 22

Trespassory Taking away of personal property w/intent to permanently deprive

Question 23

Robbery is

Answer 23

Intentionally taking personal property with FORCE/fear/intimidation

Question 24

Assault is

Answer 24

Intent to commit a battery OR place another in Imminent apprehension

Question 25

Larceny by trick is

Answer 25

obtaining POSESSION of the property of another by misrepresenting of fact (trick)

Question 26

False pretenses is

Answer 26

Obtaining TITLE by misrepresenting of fact

Question 27

Embezzlement is

Answer 27

when you initially in possession with permission and then convert it to your own use

Question 28

Accomplice Liability/Accessory Before the Fact is

Answer 28

when you aid, abet, help someone achieve the crime

Question 29

Accessory After the Fact is

Answer 29

when you know of completed crime and do something to stop/ evade arrest or conviction

Question 30

General Intent Crimes

Answer 30

Battery, Arson, Rape, Kidnapping

Question 31

Battery is

Answer 31

the unlawful application of force (don't need intent @ common law)

Question 32

Arson is

Answer 32

MALICIOUS burning of the dwelling of another. Malicious means reckless aka knew or should’ve known

Question 33

Defenses

Answer 33

Intoxication, Insanity, Mistake, Legal Impossibility, Factual Impossibility

Question 34

Intoxication applies to

Answer 34

specific intent crimes because it negates your intent

Question 35

Insanity rule on MBE

Answer 35

mental disease means that you can't appreciate the nature or quality of what you were doing. You do not know it is wrong/criminal (basically M'Naughten)

Question 36

Mistake

Answer 36

Any mistake will be a defense for specific intent crimes. For general intent crimes, the mistake must be reasonable

Question 37

Legal impossibility is

Answer 37

always a defense. It means no matter what you did, it did not amount to a crime

Question 38

Factual Impossibility is

Answer 38

when the facts were not what you thought, but you still committed the crime. This is never a defense (?)