Criminal Law - Elements

Question 1

Involuntary manslaughter

Answer 1

Unintentional homicide committed with criminal negligence or during an unlawful act

Question 2

Criminal negligence

Answer 2

Grossly negligent action that puts another person at a significant risk of serious bodily injury or death

Question 3

Battery

Answer 3

1) intentional
2) unlawful
3) application of force
4) to the person of another, and
5) that causes bodily harm to that person or constitutes an offensive touching

Question 4

Assault

Answer 4

1) attempt to commit battery, or
2) intentionally placing another in apprehension of imminent bodily harm

Question 5

Kidnapping

Answer 5

1) unlawful
2) confinement of a person
3) against their will
4) coupled with either movement or concealment of that person

Question 6

Accomplice

Answer 6

must 1) intend to help the principal commit the crime and 2) intend that the principal commit the crime that is charged

Question 7

Withdrawal (accomplice)

Answer 7

Must:
1) repudiate prior aid,
2) do all that is possible to countermand prior assistance, and
3) do so before the chain of events is in motion and unstoppable

Question 8

Accessory after the fact

Answer 8

A person who aids a felon to avoid apprehension after the felony is committed; MUST know the felony was committed to be guilty

Question 9

M’Naghten Rule

Answer 9

Not guilty if because of a mental disease or defect, D did not know either 1) the nature and quality of the act, or 2) the wrongfulness of the act

Question 10

Irresistible Impulse

Answer 10

Not guilty if a mental disease or defect prevented D from being able to conform their conduct to the law

Question 11

Durham Rule

Answer 11

Not guilty if the crime would not have been committed BUT FOR the mental disease or defect

Question 12

MPC Insanity Test

Answer 12

Not guilty if mental disease or defect either 1) prevents D from knowing the wrongfulness of the conduct or 2) prevents D from being able to conform conduct to law

Question 13

Homicide - actual causation

Answer 13

Victim would not have died “but for” what the defendant did

Question 14

Homicide - proximate cause

Answer 14

It is foreseeable that D’s actions would cause the victim’s actions

Question 15

Common-law murder

Answer 15

The unlawful killing of a human being committed with malice aforethought

Question 16

Malice aforethought - mental states (4)

Answer 16

1) intent to kill
2) intent to inflict serious bodily injury
3) reckless indifference to an unjustifiably high risk to human life (depraved heart)
4) felony murder

Question 17

Point at which felony murder no longer applies

Answer 17

If the felony is complete and the D has reached a place of safety

Question 18

1st degree murder

Answer 18

Premeditated and deliberate

Question 19

2nd degree murder

Answer 19

Homicide committed with necessary malicious intent (malice aforethought, excluding felony murder)

Question 20

Voluntary manslaughter

Answer 20

Murder committed in response to adequate provocation

Question 21

False imprisonment

Answer 21

1) unlawful
2) confinement of a person
3) without consent

Question 22

Rape

Answer 22

1) unlawful
2) sexual intercourse
3) with a person
4) against his/her will
5) by force or threat of immediate force

Question 23

Larceny

Answer 23

1) trespassory
2) taking
3) and carrying away
4) of the personal property of another
5) without consent
6) with the specific intent to permanently deprive the owner of the property (at the time of the taking)

Question 24

Embezzlement

Answer 24

1) fraudulent
2) conversion
3) of the property of another
4) by a person who is in lawful possession of the property

Question 25

False pretenses

Answer 25

1) D obtains title to property of another person
2) through reliance of that person on a false representation of material fact made by D
3) with the intent to defraud

Question 26

Robbery

Answer 26

Larceny + assault

Question 27

Burglary (common law)

Answer 27

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

Question 28

Conspiracy (majority rule & MPC)

Answer 28

1) agreement
2) between 2+ people
3) to accomplish an unlawful purpose
4) with specific intent to agree and commit the criminal objective, and
5) an overt act in furtherance of the conspiracy
(Note: MPC allows unilateral conspiracy)

Question 29

Wharton Rule (common law)

Answer 29

if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime
**not applicable under MPC

Question 30

Attempt

Answer 30

1) substantial step
2) toward the commission of a crime
3) with the specific intent to commit the crime

Question 31

Self-defense

Answer 31

1) use of reasonable force
2) to protect oneself
3) at a reasonable time

Question 32

Duress

Answer 32

1) 3rd party’s unlawful threat
2) causes
3) D to reasonably believe
4) that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and
5) that causes D to do so