Criminal Law Midterm

Question 1

Assault

Answer 1

Unlawful, placing of another in reasonable apprehension as of immediate impending battery

Question 2

Battery

Answer 2

Unlawful, harmful or offensive touching of another without their consent or legal privilege

Question 3

Common law Burglary

Answer 3

Breaking and entering the dwelling house of another at night with the specific intent to commit a felony therein

Question 4

Modern Law Burglary

Answer 4

Entering a protected structure of another with the specific intent to commit a felony or theft therein

Question 5

Homicide

Answer 5

killing of a human being by another

Question 6

Murder

Answer 6

unlawful killing of another with malice aforethought

Question 7

Malice Aforethought

Answer 7

mens rea of murder and is defined as either expressed or implied

Question 8

express malice

Answer 8

the actual intent to kill

Question 9

implied malice

Answer 9

acts intending to create great bodily harm, or by acts that are inherently dangerous to human life, or by killing during a felony murder

Question 10

Murder in the First Degree

Answer 10

unlawful killing of another with malice aforethought with premeditation and deliberation

Question 11

Premeditation

Answer 11

is supported by facts indicating planning and preparation to kill

Question 12

Deliberation

Answer 12

is supported by facts indicating the killer took the time to reflect before killing

Question 13

Murder in the Second Degree

Answer 13

the unlawful killing of another with malice aforethought

a. no premeditation or deliberation.
b. Alternatively, second degree murders are all murders that are not first degree

Question 14

Larceny

Answer 14

1. Taking
2. and carrying away
3. personal property of another
4. without their consent
5. with the (specific) intent to permanently deprive the owner of it

Question 15

Larceny by trick

Answer 15

1. taking
2. and carrying away
3. of the property of another
4. by the use of false promises
5. with the (specific) intent to permanently deprive the owner of the property

Question 16

Robbery

Answer 16

1. Taking
2. and carrying away
3. personal property of another
4. through fear or force
5. from their immediate presence
6. with the (specific) intent to permanently deprive the owner of the property

Question 17

Involuntary intoxication

Answer 17

may be a defense to both specific and general intent crime.

Question 18

Voluntary intoxication

Answer 18

may be a defense to a specific intent but not a general intent crime.

Question 19

Look at this case: the England case

Answer 19

In a boat and ate the kid

Question 20

Elements of a crime

Answer 20

1. Actus reus (the act)
2. Mens rea (the mental state)
3. causation
4. attendant circumstances

Question 21

is being in possession an act

Answer 21

yes

Question 22

just being an addict is not a crime

Answer 22

…

Question 23

module penal code

Answer 23

Purposely
knowingly
negligently
recklessly

Question 24

mistake of fact

Answer 24

is it a defense of a crime? Could be

Question 25

mistake of law

Answer 25

is it a defense of a crime? usually not, because we are supposed to know the law

Question 26

strict liability

Answer 26

no intent required. you are held accountable without intending to run the stop sign because running a stop sign is a crime.