Criminal Law Elements

Question 1

Murder is the _________ killing of a human being with ______________________. ______________________ exists when there is no ________________ and no ___________ applies, and when the defendant had one of the following states of mind: 1) intent to __________, 2) intent to ___________________, 3) __________________ (reckless indifference to an unjustifiably high risk to human life), or 4) intent to ____________________.

Answer 1

Murder is the unlawful killing of a human being with malice aforethought. Malice aforethought exists when there is no adequate provocation and no excuse applies, and when the defendant had one of the following states of mind: 1) intent to kill, 2) intent to inflict great bodily injury, 3) depraved heart (reckless indifference to an unjustifiably high risk to human life), or 4) intent to commit a felony.

Question 2

Voluntary manslaughter is a _____________ that would be __________ but for facts establishing _________________________________.

Answer 2

Voluntary manslaughter is a killing that would be murder but for facts establishing adequate provocation.

Question 3

For a murder to be reduced to manslaughter, there must be __________________, which exists when the provocation would __________________________________________, and there was not __________________.

Answer 3

For a murder to be reduced to manslaughter, there must be adequate provocation, which exists when the provocation would arouse sudden and intense passion in the mind of an ordinary person, and there was not sufficient time between the provocation and the killing for the passions of a reasonable person to cool off.

Question 4

In jurisdictions where there are degrees of murder, __________ is the default. _______________ murder exists where 1) there is _______________, 2) it was a ___________________, or 3) it was a __________________.

Answer 4

In jurisdictions where there are degrees of murder, second degree is the default. First degree murder exists where 1) there is premeditation, 2) it was a felony murder, or 3) it was a heinous murder.

Question 5

A murder is felony murder when it occurs ____________________________________ when 1) the felony is a ______________________, 2) the death is __________________________, and 3) the death is caused _____________________________________ from where the felony ended. A successful defense against the ____________________ will be a successful defense to ____________________________.

Answer 5

A murder is felony murder when it occurs in the commission or attempted commission of a felony when 1) the felony is a distinct crime from the killing, 2) the death is a foreseeable result of the felony, and 3) the death is caused before the defendant’s immediate flight from where the felony ended. A successful defense against the underlying felony will be a successful defense to the felony murder charge.

Question 6

Battery is the 1) ______________, 2) ____________________, 3) ____________________________, and 4) that results in ____________________________. It is a ______________ intent crime.

Answer 6

Battery is the 1) unlawful, 2) application of force, 3) to the person of another, and 4) that results in offensive contact or bodily harm. It is a general intent crime.

Question 7

Assault is __________________ or _________________________________________________.

Answer 7

Assault is an attempt to commit battery or intentionally placing the victim in apprehension of imminent bodily harm.

Question 8

False imprisonment is the ___________________________ of a person _______________________. Under the MPC, the confinement also must _______________________________________. It is a ________________________ crime.

Answer 8

False imprisonment is the unlawful confinement of a person without consent. Under the MPC, the confinement also must substantially interfere with the victim’s liberty. It is a general intent crime.

Question 9

Kidnapping is the __________________________ of another in which the defendant _______________________________________. It is a _________________ intent crime.

Answer 9

Kidnapping is the unlawful confinement of another in which the defendant moves the victim or hides the victim. It is a general intent crime.

Question 10

Rape is a general intent crime.

Answer 10

Rape is a general intent crime.

Question 11

Larceny is the ___________________________ of the ____________________ of another by ____________________ with the intent to ______________________________________________.

Answer 11

Larceny is the taking and carrying away of the personal property of another by trespass with the intent to permanently deprive the person of the property.

Question 12

Embezzlement is the ______________________ of the ______________________ by a person ________________________.

Answer 12

Embezzlement is the fraudulent conversion of the personal property of another by a person in lawful possession of the property.

Question 13

False pretenses is _____________________________________ by ____________________________________________ with the intent ___________________________.

Answer 13

False pretenses is obtaining title to the personal property of another by an intentional false representation of material fact with the intent to defraud.

Question 14

Larceny by trick is the _______________________ of the ___________________________ by _________________________ with the intent _________________________.

Answer 14

Larceny by trick is the possession or custody of the property of another by intentional false representation of material fact with the intent to defraud.

Question 15

Robbery is the _________________________ of the _____________________________ from the ___________________________________ by ________________________ with the intent _________________________.

Answer 15

Robbery is the taking and carrying away of the personal property of another from the victim’s person or presence by force or threat of force with the intent to permanently deprive.

Question 16

Receipt of stolen property is ________________________________________ (long).

Answer 16

Receipt of stolen property is receiving possession and control of stolen personal property known to have been obtained unlawfully by another person.

Question 17

Burglary is the _________________________ into ________________________________ with the intent to ___________________________________________.

Answer 17

Burglary is the breaking and entering into the dwelling of another at nighttime with the intent to commit a felony inside at the time of entry.

Question 18

Arson is the__________________________________________.

Answer 18

Arson is the malicious burning of the dwelling of another.

Question 19

An attempt requires _____________________ intent to commit a crime and an ___________________________________.

Answer 19

An attempt requires specific intent to commit a crime and an overt act beyond mere preparation.

Question 20

Solicitation is ____________________________________with the intent ________________________________________.

Answer 20

Solicitation is requesting another to commit a crime with the intent that they commit the crime.

Question 21

Conspiracy is an _________________________________ to accomplish a ____________________ with the intent to _____________________ and the intent to ____________________________________.

Answer 21

Conspiracy is an agreement between two or more people to accomplish a criminal objective with the intent to enter into the agreement and the intent to commit the criminal objection.

Question 22

Under Pinkerton liability, a co-conspirator _____________________________________ if the crimes were committed _______________________ and were ___________________________.

Answer 22

Under Pinkerton liability, a co-conspirator may be held liable for the crimes committed by his co-conspirators if the crimes were committed in furtherance of the criminal objective and were foreseeable.