General Principles

Question 1

Elements of a crime

Answer 1

1) Physical act
2) Mental state
3) Causation
4) Concurrence

Question 2

Omission

Answer 2

Generally not a crime unless:

1) D had legal duty to act
2) D had knowledge of facts concerning the duty, AND
3) it was reasonably possible for D to act

Question 3

Duty to act

Answer 3

1) contractual duty
2) parent child relationship
3) voluntary duty
4) statute creates duty
5) D creates the danger

Question 4

Proximate cause

Answer 4

Injury must be foreseeable from D’s act

Natural probably consequence

Question 5

Actual cause

Answer 5

Injury/result would not have occurred “but for” D’s conduct

Question 6

Third party’s act will break chain of causation if the act was

Answer 6

1) independent, AND

2) not foreseeable — so out of the ordinary that not fair to hold D liable

Question 7

Specific intent

Answer 7

Intent or desire to engage in the conduct or cause a certain result

Question 8

General intent

Answer 8

Awareness of acting in a certain way

Question 9

Malice

Answer 9

Reckless disregard of a known risk that may occur

Question 10

Strict liability

Answer 10

No mental state required; only the act required

Question 11

Common law mental states

Answer 11

Specific intent

General intent

Malice

Strict liability

Question 12

MPC mental states

Answer 12

Purposefully

Knowingly

Recklessly

Criminal negligence

Question 13

Purposefully

Answer 13

conscious object to engage in conduct or cause a certain result

Question 14

Knowingly

Answer 14

aware that conduct is of a particular nature or will cause a certain result

Question 15

Recklessly

Answer 15

Consciously disregards a substantial and unjustifiable risk

Act is gross deviation from how reasonable person would act

OR when person creates such a risk but is unaware of it solely by reason of voluntary intoxication

Question 16

Criminal negligence

Answer 16

Should have been aware of a substantial and unjustifiable risk

That failure is a gross deviation from standard of care

Question 17

Willful blindness standard (majority of states)

Answer 17

Person is deemed to act knowingly when he is:

1) aware that certain facts are highly probably, OR
2) intentionally ignorant to certain facts

Knowledge may be proved by circumstance evidence

Question 18

Common law & second degree murder

Answer 18

Unlawful killing
Of a person
With malice aforethought

Question 19

Malice aforethought

Answer 19

1) intent to kill
2) intent to inflict great bodily harm
3) depraved heart — reckless disregard of an extreme risk to human life
4) intent to commit inherently dangerous felony — felony murder rule

Question 20

First degree murder

Answer 20

Killing was deliberate and premeditated

Question 21

MPC murder

Answer 21

Killing of a person committed:

1) purposefully or knowingly, OR
2) recklessly under circumstances manifesting an extreme indifference to value of human life

Question 22

MPC felony murder rule — recklessness presumed for:

Answer 22

BARRK

Burglary, arson, rape, robbery, kidnapping

Question 23

Voluntary manslaughter

Answer 23

Intentional killing of a person with adequate provocation

Question 24

Voluntary manslaughter — adequate provocation

Answer 24

1) D was provoked (sudden and intense passion causing loss of control)
2) reasonable person would have been provoked
3) not enough time to cool off, AND
4) D in fact did not cool off

Question 25

Involuntary manslaughter

Answer 25

Unintentional killing of a person committed:

1) recklessly
2) under the misdemeanor-murder rule
3) during non-dangerous felony, OR
4) with criminal negligence (some states)

Question 26

MPC manslaughter

Answer 26

Killing of a person committed:

1) recklessly, OR
2) committed under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation or cause

Question 27

Larceny

Answer 27

1) trespassory taking,
2) and carrying away,
3) of the personal property of another,
4) with the intent to permanently deprive the owner of the property

intent must exist at the time of taking

Question 28

Larceny by trick

Answer 28

Obtain possession (not title) of the personal property of another by trick or deception

Question 29

False pretenses

Answer 29

1) obtain title,
2) to personal property of another,
3) through an intentional false statement of material fact,
4) with intent to defraud

Question 30

Embezzlement

Answer 30

1) fraudulent or wrongful
2) conversion
3) of personal property of another,
4) by a person with lawful possession of the property

Intent to permanently deprive the lawful owner of the property is required

Question 31

Receiving stolen property

Answer 31

when a person:

1) receives possession of stolen property,
2) knows the property is stolen when receiving it
3) with the intent to permanently deprive the owner of the property

Question 32

Robbery

Answer 32

1) trespassory taking and carrying away,
2) of the personal property of another,
3) in their presence,
4) by the use of force or threat of immediate physical harm
5) with the intent to permanently deprive the owner of the property.

Question 33

Burglary

Answer 33

CL:

1) breaking and entering
2) of a dwelling
3) of another
4) at night
5) intent to commit a felony therein

− Most jurisdictions extend burglary to include breaking into any structure at any time

Question 34

Rape (common law + modern definition)

Answer 34

CL:

1) unlawful sexual intercourse
2) of a woman by a man (not her husband)
3) without her consent

Modern definition → includes marital rape (in most states) and makes gender irrelevant

Question 35

MPC rape + deviate sexual intercourse

Answer 35

A male who has sex with a female (not his wife) is guilty of rape if:

a) he compels her by force/threat of imminent death, serious bodily injury, extreme pain, or kidnapping
b) he secretly drugs her
c) female is unconscious; OR
d) female is less than 10 years old

Deviate Sexual Intercourse → has same elements as above, but is gender neutral

Question 36

Statutory rape

Answer 36

1) unlawful sexual intercourse
2) with a person
3) under the age of consent (defined by statute)

Question 37

Battery

Answer 37

1) unlawful application of force
2) directly or indirectly upon another person or their close belongings
3) resulting in harmful or offensive contact

− Battery is a general intent crime
− Intent to cause injury is NOT required

Question 38

Assault

Answer 38

Either:

1) an attempted battery, OR
2) the intentional creation of a reasonable apprehension of imminent bodily harm to a person

Question 39

Kidnapping

Answer 39

1) confining, restraining, or moving of a person

2) without authority of law

Question 40

MPC kidnapping

Answer 40

abducting another person:

a) for ransom
b) to facilitate a felony
c) to inflict bodily injury or terrorize; OR
d) to interfere with a government/political function

Question 41

False imprisonment

Answer 41

1) unlawful
2) confinement of a person
3) against their will
4) with knowledge that the restriction is unlawful

Question 42

MPC false imprisonment

Answer 42

When D knowingly restrains a person unlawfully so as to substantially interfere with the person’s liberty

Question 43

Arson

Answer 43

1) malicious
2) burning
3) of a dwelling
4) of another

Majority states — include damage caused by explosives and other types of buildings/vehicles

Question 44

To be found guilty of Criminal possession:

Answer 44

The unlawful possession of an item according to statute

To be found guilty, usually need both

1) knowledge of the possession; AND
2) knowledge of what the item is

Question 45

Accomplice liability — an accomplice is one who:

Answer 45

1) aids, abets, or facilitates the commission of the crime; AND
2) has dual intent

(intent to assist the primary party and intent that the crime be committed)

Question 46

Accomplice is liable for all crimes he committed AND

Answer 46

For all foreseeable crimes committed by the primary party

Question 47

Accomplice not liable:

Answer 47

For merely being present or knowing a crime will result

Cannot be convicted if D is member of class protected by the criminal law

Minority of states DO NOT allow accomplice liability for involuntary manslaughter

Question 48

Accomplice liability — withdrawal

Answer 48

IS a defense if D withdraws before the crime becomes unstoppable and requires:

1) repudiating encouragement given, AND
2) neutralizing any assistance