Multiple Choice Questions Flashcards
The substantial factor test for causation states that:
if the defendant’s actions were not enough by themselves to cause the harm, but combined with other forces do produce the harm, the defendant’s actions are considered the cause in fact.
If Y helps Z commit burglary by driving Z to the scene and being a lookout, Y can be charged with:
burglary
If the victim’s harm is a natural and probable result of the actions of a defendant, then that defendant’s actions are said to the the _____ of the harm
proximate cause
trespassery taking and carrying away of the personal property of another with the intent to permanently deprive the possessor of the property
larceny
In a jurisdiction that has adopted the MPC, a defendant can be found not guilty by reason of insanity if he:
lacked the capacity to distinguish right from wrong, was unable to control his actions as a result of some mental defect, or was totally incapable of realizing what he was doing.
deadly force in self-defense can only be used when deadly force is threatened
deadly force is threatened
mistake about the amount of necessary force may be sufficient for
reducing the charge
Defense of others majority view
a defender may use as much force as he reasonably believes is required to protect the victim
defense of others minority view
a defender can only use that amount of force that the victims himself would be legally allowed to use
Solicitation:
intentionally encouraging another to commit a felony or serious misdemeanor. Solicitation is complete once the offer is complete regardless of acceptance or refusal. No value need be offered for solicitation; mere words of encouragement are enough.
Mens rea for attempt is:
specific intent
Extreme recklessness is sufficient malice for
murder
Intent to cause serious bodily harm which is substantial risk to death or prolonged injury to victim is sufficient mens rea for:
murder
Mens rea for involuntary manslaughter is
mere recklessness
Second-degree murder requires at least (mens rea)
extreme recklessness
voluntary manslaughter is
intentional but was committed in the heat of passion
In a jurisdiction governed by the MPC, the mens rea for negligent homicide is
a gross deviation from the standard of care
robbery is
larceny by force from a person or in the presence of a person
intentional creation of apprehension of an immediate battery
criminal assault
intoxication is a defense if:
you are so intoxicated that you don’t realize you’re having intercourse
MPC recklessly
acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct
4 possible mens rea for homicide (CL)
intent to kill
intent to cause grievous bodily harm
intent to commit a felony
depraved-heart murder
intentional and unlawful killing of a human with malice aforethought and with time period in which D engages in premeditation and deliberation
1st degree murder (CL)
What falls under criminal homicide in the MPC?
murder, manslaughter, or negligent homicide
MPC criminal homicide
person is guilty of criminal homicide if he purposely, knowingly, recklessly, or negligently causes the death of another human being
MPC murder
Except as in 210.3(b), criminal homicide is murder when:
a. it is committed purposefully or knowingly OR
b. it is committed recklessly under the circumstances manifesting extreme indifference to the value of human life:
i. Such recklessness and indifference is presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson burglary, kidnapping, or felonious escape
common law 2nd degree murder
intent to kill with malice aforethought but without the additional elements such as willfulness, premeditation, and deliberation
CL if murder occurs in the perpetration or attempt perpetration during one of these felonies, strict liability for 1st degree murder
lewd acts with a minor, rape, arson, robbery, mayhem, burglary
When is deadly force from a 3rd party justified?
prevention of a dangerous felony
