Criminal Law

Question 1

5

1. Malice:
2. 4 Ways to establish Malice
3. Do you write about just one of the above:

Answer 1

1. mental state required for murder
2. Intent to Kill (words or weapon)
3. Intent to cause serious bodily injury
4. Depraved heart
5. Felony Murder Rule
6. No, need to write about all that apply

Question 2

13

On essay if crime is not inherently dangerous what 2 point to you argue

1. Malium ______ or ______

2 ex each

Answer 2

1. in se or prohibitim
2. Malium in se - evil itself (battery, larceny, intoxication / drugs
3. Malium prohibitim - DWLS, unlawfully possessing weapon, desecration of flag

Question 3

15.

1. Self Defense:
2. What must self defense be:
3. Is there a duty to retreat:
4. What could change 3:

Answer 3

1. DEF uses deadly force to protect against imminent serious bodily injury or death
2. Reasonable and Necessary
3. No - generally
4. DEF is the initial aggressor

Question 4

20. Justification / Homicde
21. Crime Prevention:
22. Apprehension / Arrest of Criminal:
    a. ) what does private citizen need to be aware of:

Answer 4

3. Police officer or private person may use deadly force to prevent commission of deadly felony (BARKK)
4. Police officer or private person may use deadly force if necessary to reasonably apprehend / arrests a dangerouse felon
   a. mistake NOT allowed

Question 5

22

1. EXCUSES for homicide or other crimes means:
2. 3 Excuses:

Answer 5

1. DEF is not criminally liable
2. Infancy
3. Insanity
4. Inoxication

Question 6

25

1. McNaughten Right / Wrong Test
2. Iressisitible impulse Test:
3. Model Penal Code:
4. Durham Test:

Answer 6

1. DEF mental defect did not know wrongful act = cognitive
2. DEF mental defect unable to control his conduct / conform = volition
3. lacked capacity to understand wrongfulness OR control his conduct =cognitive / volition
4. Def product of mental dishes or defect

Question 7

26

1. Intoxication may excuse:
2. Voluntary intoxication exists:
3. Voluntary intoxication can negate: (2)
4. Voluntary Intoxication No Defense: (3)

Answer 7

1. Criminal liability
2. Def knowing and voluntarily consumes substance
3. Specific intent crimes (m1, assault, robbery, burglary
4. Murder 1 (deliberation)
5. strict liability
6. general intent crime (battery, kidnapping, rape
7. malice

Question 8

No Card

1. General intent:
2. Specific intent:

Answer 8

1. crime which is presumed from the act of commission (speeding, rape, kidnapping, batter)
2. crime which requires preplanning and predisposition

Question 9

28

1. Diminished Capacity:

Answer 9

1. Majority of Staes allow DEF to argue DEF has mental defect while insufficient for insanity is admissible to prove DEF could not form intent for the crime

Question 10

29

1. Mitigation happens when :
2. What are 2 reasons litigation is applied:
3. does mitigation mean no criminal liability:

Answer 10

1. an intentional killing that would otherwise be murder is mitigated to voluntarily manslaughter
2. Def provoked
3. Good faith mistake
4. No

Question 11

32

Degrees of Murder, what do you start w/ on an essay:

Answer 11

At common law there was no degrees of murder. However by statute today all states have at least 2 defenses of murder.

Question 12

33

First Degree Murder 2 ways:

Answer 12

1. Premeditated and Deliberate Intent

2. Felony Murder

Question 13

36

1. Murder is a four lane highway what is in each lane:
2. What lanes can M1 occur:

Answer 13

1. Intent to kill (premeditated and deliberate)
2. Intent Great Bodily Harm
3. Depraved heart
4. Felony Murder
5. i. intent to kill (premeditated / deliberate)
   ii. felony murdr

Question 14

38 Summary Homicide

1. Murder
   a. M1
   b. M2
2. Voluntary Manslaughter
3. Involuntary Manslaughter

Answer 14

1. Killing w/ malice NO justification or mitigation
   a. killing w/ premeditated and deliberate
   b. all other murders
2. Killing w/ malice but with mitigation NO excuse or justifciation
3. Killing NO Malice w/ NO excuse or justification

Question 15

40

1. Battery:
2. Kidnapping: (2)
3. Difference between kidnapping and false imprisonment :

Answer 15

1. application of force causing bodily harm or offensive contact
2. confinement
3. movement or concealment
4. false imprisonment DEF just needs to prevent movement…kidnapping DEF confines and moves or conceals

Question 16

41

1. All theft crimes are ____ _____ ____
2. Larceny: (4)

Answer 16

1. Specific Intent Crimes
2. trespassory
3. carrying away
4. personal property of another
5. intent to permanently deprive

Question 17

47

Embezzlement: (2)

Answer 17

1. Fraudulent Conversion

2. Property of another

Question 18

49

1. False Pretenses: (2)

2 What must the VIC intend to do for false pretenses:

3. How does DEF get Vic to pass title:
   ex. rolex

Answer 18

1. Acquisition of Title
2. Under false pretenses
3. pass ownership (sell property DEF)
4. by trick
   ex. vic gives money to DEF because DEF believes the ROLEX is real

Question 19

52

Burglary (7)

Answer 19

1. Trespasser
2. Breaking
3. Entering
4. Protected Structure
5. Of another
6. At night
7. Intent to commit a felony w/in

Question 20

53. Burglary
54. Trespasser:
55. Breaking must involve some ______ or _________
    a. def walks through open door to steal=burg
    b. def slightly pushes door that is mostly open=burg
    c. def dresses up as cable guy=burg
56. Entering: some portion of DEF’s ___ or ____must enter
    a. use a hook=burg

Answer 20

1. Def enters structure of another, possession is key
   (ex. landlord braking tenants home=burg)
2. Physical movement or Use of Fraud
   a. no
   b. yes
   c. yes
3. Body or Hook
   a. yes - just sledge hammer no entry no burg

Question 21

52.

Arson: (4)

Answer 21

1. burning
2. protected structure
3. of another
4. w/malice

Question 22

53. ARSON
54. Burning: her must be _____ ______ and can’t be a _____ _____.
55. Protected structure:
56. Of another:

Answer 22

1. some charring – non fixture ( furniture or painting)
2. common law had to be a dwelling, today ALL structures
3. Possession enough (landlord could commit arson if burnt down rental he was leasing)