Criminal Law & Procedure

Question 1

What are the crimes of specific intent at common law?

Answer 1

Solicitation, conspiracy, attempt, first degree (premeditated) murder, assault, larceny, embezzlement, false pretenses, robbery, burglary, & forgery

Note: these crimes qualify for the additional defenses of (1) voluntary intoxication and (2) unreasonable mistake of fact

Question 2

To which crimes does the doctrine of transferred intent apply?

Answer 2

Homicide, battery, & arson

Note: does NOT apply to attempt

Question 3

What are the requirements for withdrawal from accomplice liability?

Answer 3

(1) repudiation of any encouragement AND (2) attempt to neutralize any assistance: OR (3) notifying police or taking action to prevent the crime are also sufficient

Timing: must occur before crime becomes unstoppable
Effect: successful withdrawal negates liability

Question 4

What are the types of inchoate offenses?

Answer 4

Conspiracy, solicitation & attempt

Question 5

What are the elements of conspiracy?

Answer 5

(1) agreement between two or more persons; (2) intent to enter into agreement; (3) intent to achieve (criminal) objective; (4) overt act (majority rule - not at common law)

Question 6

What are the elements and effects of a withdrawal from a conspiracy?

Answer 6

(1) conspirator must perform an affirmative act that notifies co-conspirators of withdrawal

NOT a defense to conspiracy BUT can be a defense to crimes committed in furtherance of the conspiracy

Question 7

What are the elements of solicitation?

Answer 7

(1) asking another person to commit a crime with (2) intent that the person commit it

Note: if the other person agrees, solicitation merges into conspiracy

Question 8

What are the elements of attempt?

Answer 8

(1) a specific intent to commit the crime and (2) an overt act in furtherance of the crime beyond mere preparation

Note: two tests, traditional (dangerously close proximity) and modern/majority (substantial step in course of conduct)

Question 9

What are the requirements for adequate provocation?

Answer 9

(1) provocation would arouse sudden and intense passion in the mind of an ordinary person; (2) defendant was in fact provoked; (3) not enough time to cool down; (4) defendant did not in fact cool down

Question 10

What are the elements of criminal battery?

Answer 10

(1) unlawful application of force (2) to the person of another resulting in (3) either bodily injury or an offensive touching

Note: general intent crime, force can be applied indirectly

Question 11

What is criminal assault?

Answer 11

(1) attempt to commit a battery OR (2) intentional creation (other than by mere words) of reasonable apprehension of imminent bodily harm

Question 12

What is false imprisonment?

Answer 12

Unlawful confinement of a person without valid consent

Question 13

What are the elements of larceny?

Answer 13

(1) the asportation (taking) and carrying away (2) of the personal property of another (3) without consent or where consent is induced by fraud (4) with the intent to permanently deprive at the time of the taking

Question 14

What are the elements of the crime of false pretenses?

Answer 14

(1) obtaining title to (2) the personal property of another (3) by intentional false statement of past or existing fact (4) with intent to defraud

Question 15

What is the difference between larceny by trick and larceny by false pretenses?

Answer 15

Larceny by trick requires that the victim give up custody or possession of the property; larceny by false pretenses requires that the victim give up title to the property

Question 16

What are the elements of robbery?

Answer 16

(1) the taking of (2) personal property of another (3) from the other’s person or presence (4) by force or threat of imminent harm (5) with intent to permanently deprive

Question 17

What is extortion?

Answer 17

Obtaining property by means of threats to do harm or expose information

Question 18

What is forgery?

Answer 18

The making or altering of a writing with apparent legal significance so that it is false with intent to defraud

Question 19

What are the elements of common law burglary?

Answer 19

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

Question 20

What is common law arson?

Answer 20

The malicious burning of the dwelling of another causing damage that amounts to at least charring (scorching is not sufficient)

Note: mens rea is malice (recklessness is sufficient, negligence is not)

Question 21

What is the M’Naghten test?

Answer 21

One of the four possible tests applied to an insanity defense; requires that defendant have a disease of the mind causing a defect of reason such that defendant lacked the ability to know the wrongfulness of D’s actions OR understand the nature and consequences of actions

Question 22

What is the irresistible impulse test?

Answer 22

One of the four insanity defense tests; requires that defendant have a mental illness rendering them incapable of controlling their actions or conforming their conduct to the law

Question 23

What is the Durham test?

Answer 23

One of the four insanity defense tests; requires that crime be the product of mental illness

Question 24

What is the MPC test?

Answer 24

One of the four insanity defense tests; requires that defendant (1) have a mental disease or defect and (2) as a result defendant lacks substantial capacity to either appreciate criminality of conduct or conform conduct to the law

Question 25

What are the elements of an insanity defense?

Answer 25

Four possible tests: M’Naghten, irresistible impulse, Durham, & MPC

Defendant bears the burden to (1) raise the issue AND (2) prove insanity, generally by preponderance of the evidence

Question 26

What is the rule for using non deadly force?

Answer 26

A person without fault may use such force as the person reasonably believes is necessary to protect themselves from imminent use of unlawful force

Question 27

What is the rule for using deadly force?

Answer 27

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 they are threatened with imminent death or great bodily harm

Question 28

What are the requirements for a duress defense?

Answer 28

Defense to a crime other than intentional homicide where (1) defendant reasonably believed that (2) another person would imminently inflict death or great bodily harm (3) if defendant did not commit the crime

Note: always a human threat

Question 29

What are the requirements of a necessity defense?

Answer 29

The defendant reasonably believed that the commission of the crime was necessary to avoid imminent and greater injury to society

Question 30

What are the elements of perjury?

Answer 30

Perjury is (1) the intentional taking of (2) a false oath (3) in regard to a material (outcome-affecting) matter (4) in a judicial proceeding

Question 31

What is subornation of perjury?

Answer 31

Procuring or inducing another to commit perjury

Question 32

What are the elements of bribery?

Answer 32

Common law: the (1) corrupt payment or receipt of anything of value (2) for official action

Modern rule: offering OR taking a bribe (to anyone, not limited to public officials)

Question 33

What is compounding of a crime?

Answer 33

Compounding consists of 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

Note: under modern rules this applies to any crime, not just felonies