Penal Law

Question 1

1)Deadly Weapons? (9)
2) Dangerous Instrument?

Answer 1

1)Metal and Plastic Knuckes, Billy, Blackjack, Dagger, Switchblade, Pillum Ballistic Knife, Metal Knuckle Knife, and Loaded Working Firearm

2) Anything which under the circumstances used is READILY CAPABLE of causing SPI or Death

Question 2

1) A crime = ___ or _____
2) Petty Offense = ___ or___

Answer 2

1) Misdemeanor or Felony
2) Violation or Traffic Infraction

Question 3

1) Define Violation
2) Define Misdemeanor
3) Define Felony
4) Person = Human being, and where appropriate, a ___ or ___ ___, ___ or ___
5) Possess = Physical possession or otherwise to ______________ over tangible property

Answer 3

1)Any offense, other than a traffic infraction, for which imprisonment MT 15 days cannot be imposed

2)Any offense, other than a traffic infraction, with possible imprisonment of MT 15 days but not MT a year

3) An offense with possible imprisonment of MT one year

4) Public or Private corporation, partnership, government instrumentality

5) exercise control over

Question 4

1) Define Physical Injury
2) SPI = Physical injury which creates risk of ___ or causes ____, ____ and ____ ____, _____ ____ of ____, or ______or____ of ____.

Answer 4

1) Substantial pain or impairment of physical condition

2) death, death, serious and protracted disfigurement, protracted impairment of health, protracted loss or impairment of function of bodily organ

Question 5

1) Vehicle = ___(x6)

Answer 5

1) Motor vehicle, trailer, semi-trailer, snowmobile, aircraft, vessel (sail or mechanical)

Question 6

Motor Vehicle = ________, other than ______, _____, ______, _____, or _____(5 total)

Answer 6

Every vehicle operated on a public highway, not muscle powered.

Exceptions: Electric invalid chairs, vehicles on rails/tracks, snowmobiles, ATVs, electric personal assistance mobility devices operated outside million+ city

Question 7

1. Does a juror include a member of a grand jury? What about a person drawn/summoned as a prospective juror?
2. Define Act.
3. A Voluntary act is ______ movement performed consciously as a result of effort/determination and includes the possession of ______ if the actor was ______ of his physical possession/control thereof for a sufficient period to have been able to ______ it.

Answer 7

1. Yes, Yes
2. Bodily Movement
3. Bodily, property, aware, terminate

Question 8

1. What are the only two Defenses?
2. Affirmative Defenses include ________(x4).
3. Who has the responsibility to raise a Defense or Affirmative Defense?
4. Who has the burden of proof for each?

4a. What is the burden of proof for each?

5. Must a defendant know the weight of drugs in his possession to be culpable?
6. Is it a Defense to say did not know the age of the child?

Answer 8

1. Justification and Infancy
2. Mental Defect, Renunciation, Entrapment and Duress
3. The defendant
4. Defense = Prosecution, Aff. Defense = Defendant

4a. Defense = Beyond Res. Doubt, Aff Defense = Preponderance of the evidence

5. No, knowingly does not need to be proven with regard to drug weight
6. No (Is an Aff. Defense if did not know victim was mentally disabled, incapacitated, or physically helpless)

Question 9

1. Is intoxication a defense or Aff. Defense? Is it still admissible as evidence?
2. Is someone fails to see a risk solely because they were voluntarily intoxicated, they are said to have acted ____ with respect to the risk.
3. The Aff. Defense of Entrapment requires action on the part of ______ or _____.
4. The Aff Defense of Duress, requires the use or _______ use of UNLAWFUL physical force upon the defendant, or _______, which a reasonable person would be unable to resist.
   **
5. Can duress involve the threat of property damage? What if a person INTENTIONALLY or RECKLESSLY places themselves in a position in which it is probable they will be subject to duress?
6. Is duress available an an Aff. Defense to any crime (ex. Intentional Murder)?

Answer 9

1. No. It can be addmitted to negate an element of the crime.
2. Recklessly
3. Public servant or person cooperating with a public servant
4. threatened IMMINENT, third person (can be anyone)
5. No, Then they cannot use duress as an Aff. Defense.
6. Yes

Question 10

1. Can you solicit someone to commit a traffic infraction or violation?
2. What is an exception to Criminal Solicitation?

Answer 10

1. No (Only crimes)
2. When solicitation is necessarily incidental to the crime (ex: bribery)

Question 11

**1. A _______ act is a necessity to convict for conspiracy.

**2. Where can a conspiracy prosecution take place?

**3. If I conspire in NY to commit a crime in NJ, where it is not a crime, can I be arrested? What if its not a crime in NY, but is in NJ?

**4. If a person engages in a conspiracy to commit a crime but VOLUNTARILY and COMPLETELY withdraws can he make the Aff. Defense of Renunciation?

5. Additionally, what can’t his motivation be?

Answer 11

1. Overt
2. Any county conspiracy was entered into or an overt act took place
3. No, Only NJ can prosecute and only if an overt act was committed there.
4. No he must also make substantial effort to prevent the commission thereof and do it PRIOR to the offense being committed
5. Belief he will be apprehended, circumstances too difficult, waiting until another time, or choosing a different victim

Question 12

1. Attempt = A1 Felony if the crime attempted is ________ (x5)
2. Other than the above, is the crime attempted is a A1 Felony, then the attempt would = ______.
3. Attempt is a A2 Felony if crime attempted is _______.
4. If you attempt an E Felony the charge is _____.
5. Attempt is a class B Mis. if the crime attempted is a ______(x3).
6. A bribery attempt = ______.
7. Can you recklessly or criminally negligently attempt a crime?
8. Can you still be charged if the crime attempted was never possible to begin with? (ex: There was no wallet in the defendant’s pocket)

Answer 12

1. Murder 1st, Agg. Murder, CSCS 1st, CPCS 1st, or Criminal Use or Possession of Chemical/Biological Weapon 1st
2. B Felony
3. A2 Felony
4. A Mis.
5. A Mis., B Mis., or Unclassified Mis.
6. Same as degree as Bribery charge
7. No, An attempt must always be intentional
8. Yes, it doesn’t matter

Question 13

1. What is criminal Facilitation?
2. Can you be charged with facilitation if the person facilitated was found not guilty? What is they were found not guilty because they were legally incapable (ex: mental defect)?
3. Can you be convicted of facilitation based SOLEY on the testimony of the person you facilitated?

Answer 13

1. You facilitate a crime that you BELIEVE IT PROBABLE they will commit it, and they in fact COMMIT THE CRIME.
2. Yes, Yes
3. No, their testimony must be corroborated