Criminal Law Semester 1

Question 1

Assault

Answer 1

1. unlawful placing of another in the reasonable apprehension(being aware) of an immediate impending battery.

Question 2

Battery

Answer 2

unlawful, harmful or offensive touching of another without the consent or legal privilege

Question 3

Burglary at common law

Answer 3

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

Question 4

Burglary, Modernly

Answer 4

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

Question 5

Embezzlement

Answer 5

converting the property of another who lawfully entrusted the property to another, with intent to permanently deprive

Question 6

Extortion

Answer 6

obtaining property of another by wrongful use of force or under color of authority with the intent to permanently deprive

Question 7

Homicide

Answer 7

killing of a human being by another

Question 8

Murder

Answer 8

intentional killing of another with malice aforethought

Question 9

Malice Aforethought

Answer 9

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

Question 10

express malice

Answer 10

intent to kill

Question 11

implied malice

Answer 11

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

Question 12

Murder in the first degree

Answer 12

Intentional killing of another with malice aforethought with premeditation and deliberation

Question 13

Premeditation

Answer 13

supported by facts indicating that there was planning and preparation before killing

Question 14

Deliberation

Answer 14

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

Question 15

Murder in second degree

Answer 15

intentional killing of another with malice aforethought. With no premeditation or deliberation. All murders that are not first degree.

Question 16

Felony murder in the first degree

Answer 16

murder committed during the intentional commission of an enumerated felony

Question 17

Felony murder in the second degree

Answer 17

murder committed during the intentional commission of a felony not otherwise enumerated

Question 18

Manslaughter

Answer 18

intentional killing of another without malice aforethought

Question 19

Voluntary manslaughter

Answer 19

intentional killing of another with out malice aforethought. during heat of passion, or during the use of imperfect self-defense

Question 20

Involuntary manslaughter

Answer 20

unintentional killing of another without malice aforethought

Question 21

Misdemeanor manslaughter

Answer 21

the killing of another that occurs during the commission of a misdemeanor or an infraction

Question 22

Larceny

Answer 22

1. taking
2. carrying away
3. personal property
4. of another
5. without their consent
6. with the intent to permanently deprive

Question 23

Larceny by trick

Answer 23

1. taking
2. carrying away
3. another’s property
4. by the use of false promises
5. with the intent to permanently deprive

Question 24

Rape

Answer 24

sexual intercourse through threat or force with another against the other person’s will or consent

Question 25

Robbery

Answer 25

1. taking 2. carrying away 3. personal property of another 4. through force or fear 5. from their immediate presence 6. with the intent to permanently deprive

Question 26

Men’s rea

Answer 26

Mental state: intent to commit a crime

Question 27

Actus Rea

Answer 27

The act

Question 28

Heat of Passion

Answer 28

when a defendant is provoked, a reasonable person would have been so provoked, a reasonable person would not have had time to cool off and the defendant did not have time to cool off (its an elemental defense)

Question 29

Imperfect Self-Defense

Answer 29

an honest but unreasonable belief to use deadly force.

Question 30

False Pretenses

Answer 30

Feloniously obtaining title to property of another with intent to permanently deprive.

Question 31

Elemental Defense

Answer 31

Defense that demonstrates a failure of proof as to an element of a crime.

Question 32

Forgery

Answer 32

the Fraudulent creating or altering of a document or object of legal significant with the intent to defraud or deceive

Question 33

Receipt of stolen property

Answer 33

obtaining Property of another known to be stolen with the intent to permanently deprive from the legal owner

Question 34

Misappropriation of found property

Answer 34

Is the crime that occurs when a person retains found property and makes no reasonable or just efforts to find the owner

Question 35

Redline Rule

Answer 35

When it is a co felon that is killed by a police officer or a victim during the commission of a felony, this constitutes an exception to the felony murder rule. No one will be charged with the death of the co felon

Question 36

Ireland rule

Answer 36

when an assault turns into a battery then turns into a homicide

Question 37

Attempt

Answer 37

Attempt is defined as a direct, but ineffectual act towards the completion of a criminal offensive with the specific intent to complete the crime.

Question 38

Conspiracy (Bilateral conspiracy)

Answer 38

Conspiracy is defined as an agreement between two or more parties to commit the criminal offense of (. ) and an overt act towards the completion of that offense

Question 39

Solicitation

Answer 39

Solicitation is defined as encouraging another to commit a criminal offense with the intent that the offense be committed.

Question 40

Bribery

Answer 40

Bribery is defined as giving, offering, promising someone called to be a witness, consideration with any understanding or agreement that the testimony of the witness will be influenced by the consideration

Question 41

Compounding a felony

Answer 41

Compounding a felony is defined as taking money, property, gratitude, reward, or promise thereof ,while agreeing to conseal a crime or obtain from prosecuting a crime with knowledge that a crime has been committed

Question 42

Threatening or interfering with a peace officer

Answer 42

Threatening or interfering with a peace officer is defined as willfully resisting, delaying, or obstructing a peace officer in the performance of their duty

Question 43

Inchoate crime

Answer 43

those crimes that have just begun and are not fully developed yet.

Question 44

Factual impossibility

Answer 44

The defendant is mistaken about the facts, so it is factually impossible for the defendant to commit the crime. not a defense for attempt

Question 45

Legal impossibility

Answer 45

It was impossible to commit what was intended

Question 46

“True” legal impossibility

Answer 46

If the person’s objective had been accomplished but there would be no criminal violation, the person cannot be held liable for an attempt

Question 47

Unilateral conspiracy

Answer 47

an agreement made between 2 or more parties while one is an officer and the other is the defendant.

Question 48

Wharton's Rule

Answer 48

when it takes 2 or more people to commit a crime, so the crime can not be considered a conspiracy.

Question 49

Principal

Answer 49

the person who actually did the crime ex: shot the gun is the perpetrator. The people who helped him do the crime are the aider and abettor. Principals are the people who commit the crime as a whole.

Question 50

Conspiracy Liability

Answer 50

is defined as an agreement between two or more parties to commit the criminal offense of _____ and an overt act towards the completion of that offense.

Question 51

Vicarious liability

Answer 51

liability for the acts of others