Criminal Law - Black Letter Law

Question 1

Arson

Answer 1

Under the common law, arson is the malicious burning of the dwelling of another. Modernly, arson has been expanded to the malicious burning of any structure of another.

Question 2

Defense of Mistake of Fact

Answer 2

A mistake of fact is a complete defense if it negates implied criminal intent. For general intent crimes, only a reasonable mistake can negate criminal intent. For specific intent crimes, any mistake of fact may negate criminal intent whether reasonable or not.

Question 3

Defense of Mistake of Law

Answer 3

A mistake of law about the legality of an act does not alter the legality of the act. If the defendant commits a criminal act believing it is legal, it is still an illegal act.

Question 4

Defense of Self-Defense

Answer 4

Under criminal law, defendants who are not aggressors may act reasonably as necessary to protect against unlawful force.

Question 5

Assault

Answer 5

An assault is the crime of acting with the intention of causing a battery or to cause apprehension of a battery. The victim does not have to be apprehensive. Assault is a specific intent crime.

Question 6

Battery

Answer 6

Battery is the crime of intentionally acting to cause an unlawful harmful or offensive touching. Battery is a general intent crime.

Question 7

Mayhem

Answer 7

Under criminal law, modernly mayhem is the crime of deliberately and maliciously permanently maiming or disfiguring a person.

Question 8

Specific Intent Crime

Answer 8

The defendant, in addition to desiring to bring about the actus reus, desired the result.

Question 9

General Intent Crime

Answer 9

The defendant, desired to commit the physical act which served as the actus reus only, and not the result.

Question 10

The mental state of ‘purposely’

Answer 10

A person acts purposely if it is his conscious object to engage in a particular conduct

Question 11

The mental state of ‘knowingly’

Answer 11

A person acts knowingly if he is aware that it is particularly certain that his conduct will bring about a certain result

Question 12

The mental state of ‘recklessly’

Answer 12

A person acts recklessly if he consciously disregards a substantial and unjustifiable risk of harm.

Question 13

The mental state of ‘criminal negligence’

Answer 13

A person acts with criminal negligence if he fails to perceive a substantial and unjustifiable risk and that failure constitutes a gross deviation from the standard of care that a reasonable person would exercise.

Question 14

Defense of Authority of Law

Answer 14

The defendant is privileged to use reasonable force to catch and arrest a criminal suspect.

Question 15

Defense of Consent

Answer 15

Consent is a defense to some crimes if the consent is informed, voluntary, and given by someone with legal capacity.

Question 16

Defense of Duress

Answer 16

Duress is an affirmative defense to crimes other than murder, if there was a reasonable belief of an imminent threat of force or use of force by another against the defendant or close friend/family that caused the defendant to commit a criminal act.

Question 17

Defense of Entrapment

Answer 17

Entrapment is a defense if criminal intent is the product of improper police behavior. Under the majority view, entrapment is not a defense if the defendant was predisposed to commit the crime. Under another minority view, entrapment is a defense if the police conduct was outrageous and instigated the crime, even though the defendant was predisposed.

Question 18

Defense of Factual Impossibility

Answer 18

Factual impossibility is the defense that the act actually done by the defendant was not a substantial step toward commission of any crime, despite criminal intent, because the act taken could never produce a criminal result.

Question 19

Defense of Infancy

Answer 19

There was a conclusive presumption that a child under the age of 7 was unable to form a criminal intent. There was a rebuttable presumption that a child between the ages of 7 and 14 could not form criminal intent, and that a child over the age of 14 could form criminal intent.

Question 20

Defense of Insanity

Answer 20

Under criminal law, insanity is a defense if it negates criminal intent. Under the common law M’Naghten rule, insanity is a defense if a disease of the mind at the time of the act prevented the defendant from knowing the nature and quality of his act, or that what he was doing is wrong. Under the irresistible impulse rule, insanity is a defense if the defendant has a disease of the mind that caused him to suffer an irresistible impulse to commit the criminal act, even if the defendant knows what he is doing and knows it is morally wrong.

Question 21

Defense of Intoxication

Answer 21

Intoxication is a defense that the defendant did not act with criminal intent because he was too intoxicated to form intent.

Question 22

Defense of Legal Impossibility

Answer 22

The defense of legal impossibility means that an attempted act is not an attempted crime, even if there was a criminal intent, when the attempted crime is a legal impossibility at the time of the first substantial step.

Question 23

Defense of Mistake of Fact

Answer 23

A mistake of fact is a complete defense if it negates implied criminal intent. For general intent crimes, only a reasonable mistake can negate criminal intent. For specific intent crimes, any mistake of fact may negate criminal intent whether reasonable or not.

Question 24

Defense of Mistake of Law

Answer 24

A mistake of law about the legality of an act does not alter the legality of the act. If the defendant commits a criminal act believing it is legal, it is still an illegal act.

Question 25

Defense of Necessity

Answer 25

The defense of necessity applies if defendant is compelled by natural events to commit a criminal act and chooses the lesser of two evils.

Question 26

Defense of Others

Answer 26

Defendants are privileged to act reasonably as necessary to defend others who are not aggressors from harm. Aggressors are people who have unreasonably created or increased dangers to others.

Question 27

Defense of Prevention of Crime

Answer 27

A defendant is privileged to act with reasonable force to prevent serious crimes being committed in their presence.

Question 28

Defense of Property

Answer 28

A defendant is privileged to use reasonable force to protect his own property or the property of others from harm.

Question 29

Defense of Self-Defense

Answer 29

Under criminal law, defendants who are not aggressors may act reasonably as necessary to protect against unlawful force.

Question 30

Homicide

Answer 30

Homicide is the unlawful killing of another human being.

Question 31

Murder

Answer 31

Murder is an unlawful homicide, the killing of another person with malice aforethought.

Question 32

Malice

Answer 32

Malice aforethought is intent to kill, intent to cause serious bodily harm, a wanton and willful disregard for human life (depraved heart), or intent to commit an inherently dangerous felony (rape, robbery, arson, burglary and kidnapping). Malice may be express (stated in words) or implied by actions.

Question 33

Intent to Kill

Answer 33

Malice based on intent to kill is present where defendant subjectively desires to kill or knows with substantial certainty that death will result from his actions.

Question 34

Intent to Inflict Great Bodily Harm

Answer 34

Intent to inflict great bodily harm may be demonstrated by use of a deadly weapon or other conduct intended and known to inflict serious bodily injury.

Question 35

Wanton and Willful Misconduct/ Depraved Heart

Answer 35

A depraved heart killing is done with a reckless disregard for known risk to human life.

Question 36

Felony Murder

Answer 36

Felony murder is murder that occurs during the commission of an inherently dangerous crime such as rape, robbery, arson, burglary and kidnapping in many jurisdictions.

Question 37

First Degree Murder

Answer 37

At common law, there were no degrees of murder but modernly first degree murder is willful, deliberate and premeditated killing, killing done by enumerated means (use of poison, torture or ambush), or killing caused by the commission of an enumerated felony (rape, robbery, arson, burglary or kidnapping).

Question 38

Second Degree Murder

Answer 38

Any other murder that is not first-degree murder is second degree murder.

Question 39

Voluntary Manslaughter

Answer 39

Voluntary manslaughter is an intentional unlawful homicide, the killing of one human being by another, without malice aforethought because of adequate provocation (heat of passion).

Question 40

Mitigation to manslaughter

Answer 40

Murder can be mitigated to manslaughter if it can be shown that one acted in the heat of passion or had an imperfect defense, mistaken justification or excuse, coercion or diminished capacity.

Question 41

Involuntary Manslaughter

Answer 41

Involuntary manslaughter is an unintended homicide, the killing of one human being by another as a result of criminal negligence, recklessness or during commission of a non-inherently dangerous felony or misdemeanor.

Question 42

Criminal Negligence

Answer 42

Criminal negligence occurs when a defendant so deviates from the standard of care owed that a killing results even though defendant had no intent to kill. Recklessness occurs when a defendant disregards the substantial danger of serious bodily harm or death and a killing results.

Question 43

Adequate Provocation

Answer 43

Adequate provocation is one that is sufficient to raise a reasonable person to a murderous rage and which does raise defendant to such rage, and is the actual cause of the homicide.

Adequate provocation cannot be found it defendant has cooled down or a reasonable person would have cooled down.

Question 44

Larceny

Answer 44

Under criminal law, larceny is the trespassory taking and caring of away of the personal property of another with the intent to permanently deprive .

Question 45

Larceny by Trick

Answer 45

Larceny by trick is larceny where possession of the property is gained by misrepresentation.

Question 46

False Pretense

Answer 46

Under criminal law, false pretense is an intentional misrepresentation of a material fact to obtain title to the property of another with intent to permanently deprive.

Question 47

Forgery

Answer 47

Under criminal law, forgery is the fraudulent making or alteration of a written document of legal significance with the intent to defraud or deceive.

Question 48

Uttering

Answer 48

Uttering is the crime of presenting or offering a counterfeit or forged instrument as being genuine while knowing it is false.

Question 49

Embezzlement

Answer 49

Under criminal law, embezzlement is the wrongful conversion of tangible property of another by one entrusted with lawful possession.

Question 50

Receiving Stolen Property

Answer 50

Under criminal law, receiving stolen property is taking possession or control over stolen personal property with knowledge that it has been stolen and with intent to deprive the owner.

Question 51

Robbery

Answer 51

Under criminal law, robbery is the use of force or fear to commit a larceny from the person of another by overcoming the will or ability of the victim to resist

Question 52

Extortion

Answer 52

Under common law, extortion was the misdemeanor crime of a public official collecting an unlawful fee under color of office. Modernly, extortion has been extended to any unlawful use of intimidation or threat of harm to obtain something of value.

Question 53

Burglary

Answer 53

Under common law, a burglary is the breaking and entering of the dwelling of another at night with intent to commit a felony therein.

Question 54

Attempt

Answer 54

A criminal attempt is a substantial step taken with specific intent to commit a criminal act.

Question 55

Defense of Legal Impossibility

Answer 55

Under criminal law, legal impossibility is a defense that an attempted act is not an attempted crime, even if there was a criminal intent, since the thing that the defendant seeks to accomplish is not a crime.

Question 56

Defense of Renunciation

Answer 56

Renunciation or abandonment provides a defense to an attempt where the abandonment was complete, voluntary, and no harm resulted.

Question 57

Solicitation

Answer 57

Under criminal law, solicitation is urging another person to commit a crime.

Question 58

Conspiracy

Answer 58

Under criminal law, the crime of conspiracy is the agreement between two or more people to work toward an illegal goal. Modernly, an overt act in furtherance of the conspiracy goal is required in many courts.

Question 59

Defense of Withdrawal - Conspiracy

Answer 59

Under criminal law, withdrawal is the defense that defendants who were members of a conspiracy are not liable for crimes committed by co-criminals after they have 1) given the co-criminals notice that they are abandoning the criminal enterprise, and; 2) have tried to stop co-criminals from continuing pursuit of the criminal goal.

Question 60

Accomplice Liability

Answer 60

Under criminal law, one who aids, abets, encourages or assists another commit crime will himself be liable for that crime. An accomplice may be charged with all the crimes committed by the principal (the one who commits the actus rea), that are foreseeable or are in furtherance of the target crime.

Question 61

Rape

Answer 61

Under criminal law, rape is the intentional act of having sexual intercourse without consent causing actual penetration, no matter how slight.

Question 62

Pinkerton Rule

Answer 62

Under the Pinkerton rule, a member of a conspiracy is vicariously liable for the criminal acts of co-conspirators done within the scope of the conspiracy goal.

Question 63

Wharton’s Rule

Answer 63

A conspiracy requires the participation of more people than the minimum number necessary to commit the criminal act.