Criminal Law LAST PUSH

Question 1

Omission as an Act

Answer 1

the failure to act gives rise to liability only if:
(i) there is a legal duty to act
(ii) the defendant has knowledge of the facts giving rise to the duty to act; and
(iii) it is reasonably possible to perform the duty

Question 2

Legal Duty to Act Arises:

Answer 2

(1) by statute
(2) by contract
(3) relationship between parties
(4) voluntary assumption of care by defendant
(5) defendant created the peril

Question 3

MPC Purposely

Answer 3

conscious object to engage in proscribed conduct

Question 4

MPC Knowingly

Answer 4

awareness that conduct is of a particular nature or will cause a particular result

Question 5

MPC Recklessly

Answer 5

consciously disregard a substantial and unjustifiable risk

Question 6

MPC Negligently

Answer 6

failure to be aware of a substantial and unjustifiable risk

Question 7

Transferred Intent Crimes

Answer 7

homicide, battery, and arson

Question 8

Conspirary

Answer 8

(1) agreement between two or more persons
(2) an intent to enter into the agreement
(3) an intent by at least two people to achieve the objective of the agreement

Question 9

Solicitation

Answer 9

asking, inciting, counseling, advising, urging, commanding, another to commit a crime with the intent that the person solicited commit the crime

Question 10

Attempt

Answer 10

act, done with the intent to commit a crime, that falls short of completing the crime

Question 11

Voluntary Manslaughter

Answer 11

killing that would be murder but for the existence of adequate provocation

Question 12

Voluntary Manslaughter - Adequate Provocation Exists:

Answer 12

(i) it was provocation that would arose sudden and intense passion in the mind of an ordinary person, causing them to lose self control
(ii) defendant was in fact invoked
(iii) not sufficient time between provocation
(iv) defendant did in fact not cool off

Question 13

Involuntary Manslaughter

Answer 13

a killing committed:
(i) with criminal negligence (reckless to substantial risk)
(ii) during commission of misdemeanor

Question 14

Battery

Answer 14

unlawful application of force to the person of another resulting in:
(a) bodily injury OR
(b) an offensive touching

Question 15

Assault

Answer 15

either:
(1) the intentional creation of a reasonable apprehension in the mind of the victim of imminent bodily harm
(2) an attempt to commit a battery

Question 16

False Imprisonment

Answer 16

unlawful confinement of a person without the person’s valid consent

Question 17

Kidnapping

Answer 17

unlawful confinement of a person that involves either:
(1) some movement of the victim or
(2) the concealment of the victim in a secret place

Question 18

Rape - Lack of Effective Consent

Answer 18

(1) intercourse is accomplished by actual force
(2) intercourse accomplished by threat of great and immediate bodily harm
(3) victim is incapable of consenting due to unconsciousness, intoxication, mental condition; OR
(4) victim is fraudulently caused to believe that the act is not intercourse

Question 19

Statutory Rape

Answer 19

carnal knowledge of a person under the age of consent

Question 20

Larceny

Answer 20

taking and carrying away of tangible personal property of another by trespass with the intent to permanently deprive

Question 21

Embezzlement

Answer 21

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

Question 22

False Pretenses

Answer 22

obtaining title to personal property of another by an intentional false statement with intent to defraud the other

Question 23

Robbery

Answer 23

a taking of personal property of another from the other’s person or presence by force or threats of immediate death or physical injury with the intent to permanently deprive

Question 24

Extortion

Answer 24

the corrupt collection of a unlawful fee by an officer under color of office

Question 25

Receipt of Stolen Property

Answer 25

receiving possession and control of stolen personal property known to have been obtained in a manner constituting a criminal offense by another person with the intent to permanently deprive

Question 26

Forgery

Answer 26

making or altering of a false writing with intent to defraud

Question 27

Uttering a Forger Instrument

Answer 27

(1) offering as genuine, (2) an instrument that may be the subject of forgery and is false, (3) with intent to defraud

Question 28

Burglary

Answer 28

a breaking and entering of a dwelling of another at nighttime with the intent to commit a felony in the structure

Question 29

Arson

Answer 29

the malicious burning of the dwelling of another

Question 30

M’Naughten Rule

Answer 30

a defendant is entitled to acquittal if:
(1) a disease of the mind
(2) caused by a defect of reason
(3) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions

Question 31

Irresistible Impulse Test

Answer 31

entitled to acquittal if because of a mental illness, they were unable to control their actions or conform their conduct to the law

Question 32

Durham Test

Answer 32

a defendant is entitled to acquittal if the crime was the product of their mental illness

Question 33

ALI or MPC Test

Answer 33

a defendant is entitled to acquittal if they had a mental disease or defect and as a result they lacked the substantial capacity to: (1) appreciate the criminality of their conduct or (2) conform their conduct to the requirements of the law

Question 34

Use of Deadly Force

Answer 34

a person may use deadly force in self defense if the person:
(1) is without fault
(2) is confronted with unlawful force and
(3) reasonably believes that they are threatened with imminent death or great bodily harm

Question 35

Retreat Minority View Exceptions

Answer 35

(1) the attack is in the victims own home
(2) the attack occurs while the victim is making a lawful arrest or
(3) the assailant is in the process of robbing the victim

Question 36

Right of First Aggressor to use Self Defense

Answer 36

(1) they effectively withdraw from the confrontation and communicate to the other their desire to do so OR
(2) the victim of the initial aggressor suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdrawal

Question 37

Prejury

Answer 37

intentional taking of false oath in regard to a material matter in a judicial proceeding

Question 38

Subornation of Perjury

Answer 38

procuring or inducing another to commit perjury

Question 39

Bribery

Answer 39

at common law was the corrupt payment or receipt of anything of value for official action

modern: it may be extended to nonpublic officials, and either the offering of a bribe or the taking may constitute a crime

Question 40

Compounding a Crime

Answer 40

agreeing for valuable consideration not to prosecute another for a felony or to conceal the commission of a felony or the whereabouts of a felon

Question 41

Misprision of a felony

Answer 41

common law: failure to disclose knowledge of the commission of a felony or to prvent the commission of a felony

modern: no longer a crime