Federal Criminal Law

Question 1

What is the defense of arrest

Answer 1

The defense of arrest allows a civilian to use reasonable force to arrest a person who has committed a crime

Question 2

How is murder defined at common law

Answer 2

Unlawful killing committed with malice aforethought - intent to kill, intent to cause serious bodily harm, depraved heart, felony murder

Question 3

What is 1st degree murder under the MPC

Answer 3

murder committed with premeditation and deliberation, heinous acts, and enumerated felony murder

Question 4

Define false pretenses

Answer 4

(1) unlawful taking and carrying away of another’s property (2) with the specific intent to steal (3) by a known misrepresentation (4) obtaining title

Question 5

Define robbery

Answer 5

(1) unlawful taking and carrying away of another’s property (2) with the specific intent to steal (3) from the victim’s person or presence (4) by force/intimidation

Question 6

What are exclusions from accomplice liability

Answer 6

(1) member of protected class (2) exempted necessary party; crime requires multiple participants, but criminal statute only imposes liability on one; (3) withdrawal before the crime becomes unstoppable

Question 7

Define burglary at common law

Answer 7

(1) an unlawful breaking and entering of another’s dwelling at night and (2) specific intent to commit a felony

Question 8

Define embezzlement

Answer 8

Fraudulent use, concealment, disposal, or embezzling of any commercial paper or tangible/intangible property that was (1) received for another person or for one’s employer (2) received by virtue of one’s office or employment (3) entrusted to one by another

Question 9

Common law conspiracy

Answer 9

Agreement with another to commit a felony

Question 10

Define the Wharton Rule

Answer 10

If a crime requires two or more participants, there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime