General Principles

Question 1

Elements of Malicious Damage to Prop

Answer 1

occurs when a D damages another’s prop with malice.

Malice reuires proof of either.

Knowledge- practical certantiy that ones act’s will cause a particular result or
Recklessness- conscious disregard of a substantial and unjustifiable risk of harm

Question 2

What crimes is involuntary intoxication a defense too?

Answer 2

Any crime, if it placed the D in a mental state required for an insanity def.

And voluntary intoxication is a defense to a spec. intent crime if it prevented the D from forming the required inetent.

Question 3

Voluntary intoxication

Answer 3

deliberatly ingesting a substance that a person knows or should know has intoxicating effects - is a defense to specific intent crimes (eg first degree murder) when intoxication prevented the person from forming such intent.

Question 4

When is a person not criminally liable for failing to act?

Answer 4

Not criminally liable for failing to act if they didn’t have a legal duty to act.

A legal duty can be based on
1. a special relationship
2. assumption of care
3. creation of the risk of harm
4. a staute,
or
5. a contract

Question 5

When does necessity justify criminal conduct?

Answer 5

If
1. the D reas. believed that such conduct was necessary to avoid imminent and sub harm
2. no reasonable legal alternative was available
and
3. the harm caused was less than the harm avoided

Question 6

Is mistake of fact a defense to murder and manslaughter?

Answer 6

Yes, mistake of fact is a defense to both malice and general intent crimes, when the Ds honest, reasonable, but mistaken belief negates the required mental state.

Question 7

When is mistake of law an affirmative defense to criminal liability?

Answer 7

When,
1. the D relied on a stat, court decision, admin order, or official interpretation of the law that was determined to be erroneous after the conduct.
OR
2. a statute defining a malum prohibitium crime was not reas. made available prior to the conduct.