random crim

Question 1

how can an accomplice withdraw

Answer 1

repudiated aid and counteracted prior aid before events unstoppable

Question 2

how can a conspirator withdraw

Answer 2

withdrawal if before overt act by giving notice to co-conspirators or timely notice to police; if after, by D helping to thwart the success of a conspiracy can avoid liability for crime not conspiracy

Question 3

definition of attempt

Answer 3

specific intent to commit a crime + a substantial step beyond mere preparation

Question 4

definition of conspiracy

Answer 4

agreement + intent to achieve unlawful purpose + overt act in furtherance

Question 5

m’naughten

Answer 5

did not know either the nature and quality or the wrongfulness of the act

Question 6

irresistible impulse

Answer 6

lacks capacity for self-control to conform her conduct to the law

Question 7

Durham

Answer 7

would not have committed crime “but for” mental disease/defect; less favored

Question 8

MPC

Answer 8

lacked substantial capacity to appreciate the wrongfulness or to conform conduct (mcnaughten + irresistible impulse)

Question 9

2 types of assault

Answer 9

1) Attempted battery (SI)
2) Intentionally placing one in apprehension of imminent bodily harm (GI)

Question 10

duress

Answer 10

a third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so.

Question 11

general intent

Answer 11

intent to perform the unlawful act

Question 12

accomplice

Answer 12

one who 1) intentionally aids or encourages another before or during a crime 2) with the intent that the crime be completed. Both parties equally liable

Question 13

solicitation

Answer 13

to invite/urge another to commit a crime with the intent the party do so

Question 14

murder

Answer 14

Murder is the unlawful killing of another living human being with malice (common law)

Question 15

first-degree murder

Answer 15

murder that is deliberate and premeditated or FMR

Question 16

felony murder rule

Answer 16

Felony murder is the unintended but foreseeable death caused by and occurring during the course of a dangerous or enumerated felony.

Question 17

4 types of malice for CL murder

Answer 17

Malice is intent to kill // intent to do serious bodily harm // reckless indifference to human life (depraved heart) // or intent to commit an enumerated felony (BARRK)

Question 18

voluntary manslaughter

Answer 18

murder committed with malice aforethought, but also with mitigating circumstances

Question 19

involuntary manslaughter

Answer 19

unintentional killing caused by criminal negligence (recklessness under the MPC) or during unlawful act (misdemeanor or felony that’s not treated as a first-degree felony or second-degree murder)

Question 20

battery

Answer 20

unlawful application of force to another that causes harmful or offensive touching

Question 21

false imprisonment

Answer 21

unlawful confinement of another without consent by force or threat

Question 22

kidnapping

Answer 22

intentional and unlawful confinement of another against that person’s will coupled with hiding or moving the person

Question 23

2 requirements for self defense

Answer 23

1) victim must actually and reasonably believe that force was necessary to protect herself and 2) used no more force than reasonably necessary to protect herself

Question 24

duress

Answer 24

a third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so