Criminal Law Dos (M's special version for her weird brain)

Question 1

Larceny (4)

Answer 1

(1) taking (2) and carrying away (3) the property of another (4) with intent to permanently deprive

Question 2

Robbery (5)

Answer 2

(1) taking (2) carrying away (3) property of another (4) with intent to permanently deprive (5) using force or threat of force

Question 3

Burglary (5)

Answer 3

(1) breaking (2) and entering (3) the dwelling of another (4) at night (5) with the intent to commit a felony

Question 4

Embezzlement (3)

Answer 4

(1) the conversion (2) of another’s property (3) which was entrusted to the defendant

Question 5

Fraud (5)

Answer 5

(1) a false statement (2) of material fact (3) with justifiable reliance (4) which causes victim’s loss (5) and defendant’s gain

Question 6

Rape (3)

Answer 6

(1) sexual or unnatural intercourse (2) without the person’s consent (3) by force or threat of force

Question 7

Statutory rape (2)

Answer 7

(1) sexual or unnatural intercourse (2) with a minor

Question 8

Voluntary manslaughter (2)

Answer 8

defendant was (1) reasonably provoked (2) without time to cool off

Question 9

Involuntary manslaughter (3)

Answer 9

defendant had a (1) conscious or reckless disregard, (2) which was substantial and unjustifiable, (3) and a gross deviation

Question 10

Negligent homicide (2)

Answer 10

defendant (1) should have been aware, (2) it was a gross deviation

Question 11

Constructive possession (of drugs) (3)

Answer 11

(1) exercised dominion (2) flight/evasion, paraphernalia (3) knew it was an illegal drug

Question 12

Vandalism (3)

Answer 12

(1) intentional; (2) physical damage; (3) to the property of another

Question 13

DEFENSE: self defense (4)

Answer 13

defendant had (1) reasonable grounds to believe he was in apparent imminent or immediate danger of death or serious bodily harm from his assailant or potential assailant; (2) he in fact believed he was in danger; (3) he was not the aggressor nor did he provoke the conflict (clean-hands doctrine); (4) the force used must not have been unreasonable and excessive

Question 14

DEFENSE: duress (4)

Answer 14

(1) imminent harm or threat of harm (2) of serious bodily injury or death (3) where there is no alternative (4) and defendant did not place himself in the situation

Question 15

DEFENSE: necessity (3)

Answer 15

(1) significant evil (2) no alternative (3) harm caused was not disproportionate to harm avoided

Question 16

DEFENSE: mistake of fact (2)

Answer 16

(1) Specific intent crimes: must be honest.

(2) General intent crimes: must be honest and reasonable.

Question 17

“Attempt” crimes (2)

Answer 17

(1) substantial step was taken, (2) with the proper mens rea for the crime itself

Question 18

DEFENSE: abandonment [attempt crimes] (2)

Answer 18

(1) voluntary renunciation (2) complete abandonment of criminal enterprise

Question 19

“Accomplice” crimes (2)

Answer 19

(1) Solicits another person to commit an offense OR agrees to another person’s solicitation (2) with the purpose of promoting or facilitating an offense

Question 20

DEFENSE: abandonment [accomplice crimes] (2)

Answer 20

(1) stops aid (2) deprives co-conspirator of aid’s effectiveness OR warns law enforcement

Question 21

“Conspiracy” crimes (3)

Answer 21

(1) agree or agree to aid in the planning or commission of the crime (2) with the purpose of promoting or facilitating the commission of the crime (3) and an overt act in pursuance of the commission of the crime

Question 22

DEFENSE: abandonment [conspiracy crimes] (2)

Answer 22

(1) stop the aid (2) attempt to thwart the crime

Question 23

Strict liability crimes (7)

Answer 23

(1) public welfare offenses (2) statutory crimes (3) legislative policy (4) defendant is in best position of preventing harm (5) reasonable standard imposed by statute (6) conviction rarely damages reputation (7) penalty is small

Question 24

Malice aforethought (the 4 types of murder)

Answer 24

(1) intent to kill (2) grievous bodily harm (3) felony murder (4) depraved heart

Question 25

Model Penal Code Culpability (4)

Answer 25

(1) purposefully (2) knowingly (3) recklessly (4) negligently

Question 26

Common Law Culpability (2)

Answer 26

(1) General intent (2) Specific intent

Question 27

Pinkerton Rule

Answer 27

Co-conspirators are liable for reasonable foreseeable acts of other co-conspirators.

Question 28

Purposes of criminal law (5)

Answer 28

(1) Retribution (2) general deterrence (3) specific deterrence (4) rehabilitation (5) incapacitation

Question 29

Reasons to void a law (2)

Answer 29

(1) vaugeness (2) proportionality

Question 30

Rule of Lenity

Answer 30

If there exists an ambiguous statute the benefit of the doubt goes to defendant