Wrong Answer Rules Flashcards
What is criminal battery?
Criminal battery is committed when:
i.) a person, without consent;
ii.) causes harmful or offensive contact with another person; and
iii.) does so by the purposeful, knowing, reckless, or criminally negligent use of force.
To prove that a defendant caused a harmful or offensive contact by use of force, a prosecutor must show that:
i.) the defendant put a force in motion; and
ii.) As a result of this force, the victim’s person was harmfully or offensively touched.
True or false: For the purposes of criminal battery, The defendant’s act of applying force may be direct or indirect.
True.
True or false: for the purposes of criminal battery, where the defendant puts a force in motion, the force need not be applied directly by the defendant.
True.
What is criminal assault?
i.) attempts(purposely tried) to commit a battery; or
ii.) intentionally causes the victim to fear an immediate battery.
True or False: Mere words are insufficient to create a reasonable apprehension of imminent bodily harm.
True.
What are the two Elements for Intentionally Causing the Victim to Fear an Immediate Battery?
The defendant MUST:
i.) act with threatening conduct;
ii.) intended to cause the victim to feel reasonable apprehension of imminent harm.
True or false: Voluntary intoxication may be a valid defense for a specific crime if it negates the requisite mental state.
Yes.
True or False: any mistake or fact, reasonable or unreasonable, is a defense to a specific intent crime.
True.
List Examples of Specific Intent Crimes
- Assault
- Attempt
- Burglary
- Conspiracy
- Embezzlement
- False pretenses
- Forgery
- Intent-to-kill murder
- Larceny
- Larceny by trick
- Robbery
- Solicitation
- Voluntary manslaughter
List Examples of General Intent Crimes
- Battery
- Depraved-heart murder
- False imprisonment
- Involuntary manslaughter
- Kidnapping
- Rape
in respect to general intent crimes, mistake of fact can ONLY be a defense if the mistake was
REASONABLE.
Voluntary intoxication is NOT a valid defense to a general intent crime.
True.
Involutary intoxication is a defense to a general intent crime
True
What is Kidnapping?
unlawful restraint of a person’s liberty by taking the person to another location or concealing the person.
What is Embezzlement?
fraudulent conversion or misappropriation of the property of another by one who is in lawful possession.
What is False pretenses?
(i) obtaining title (obtaining ownership rather than mere
possession);
(ii) by false misrepresentations (must be intentional false statements);
(iii) of past or existing fact (misrepresentation of a future event does not qualify);
(iv) with the intent to defraud (the victim must be deceived or
must act in reliance of defendant’s false statement in passing title)
What is Forgery?
i) creating or altering (drafting, adding or deleting);
(ii) a document with purported legal significance (a document that carries legal value, for example, a contract or a check);
(iii) to be false (the alteration or recreation must be made to change the legal significance of the document);
(iv) with the intent to defraud (specific intent crime where the mere intent to defraud is sufficient, and actually defrauding someone is not required).
True or False: For conspiracy, a co-conspirator cant be convicted for a crime that he did not agree to commit if other conspirator engages in another offense during the commission.
True.
True or False: Deadly force is regarded as the kind of force that is likely to cause serious bodily injury or death. Whether serious bodily injury or death actually occurs is irrelevant.
True.
True or False: Deadly force may not be used in defense of property.
True.
True or False: at common law, burglary and arson require commission in the dwelling house of another.
True.
Define Malice crimes
A crime in which the defendant acts intentionally or with reckless disregard of an obvious risk that a harmful result will occur.
As a general rule, ignorance or mistake as to a matter of law is:
not a defense.
What are the four exceptions for a successful mistake of law defense:
- a statute proscribing the defendant’s conduct has not been made reasonably available;
- defendant has reasonably relied on a statute or judicial decision that was later overruled or declared unconstitutional;
- defendant relies in good faith upon an erroneous statement of law contained in an administrative order or in an official interpretation by a public officer or department
- Some element of the alleged crime specifically involves knowledge or awareness of the law by the defendant
True or False: a later decision to commit a felony or theft crime does not satisfy the requirement for burglary.
True. Defendant MUST have the requisite intent to commit a felony or theft crime within at the time of the breaking and entering.
True or False: at common law, assault and battery are two separate misdemeanors.
True.
For the purpose of arson, a defendant will have the requisite intent of malice when the defendant:
acts intentionally OR with reckless disregard of an obvious or known risk.
The requisite degree of “burning” for arson is:
charring(i.e. more than blackening by smoke)
True or False: whenever an intentional battery or assault results in an unintended death, the defendant is guilty of involuntary manslaughter.
True.
If the defendant approaches another person intending to strike him but not to kill him, and the latter, who, unknown to the defendant, possesses a weak heart, has a heart seizure and dies as a result of fright produced by the threatened attack, the defendant is guilty of manslaughter, though he never touched the victim.
True or False: Property that is lawfully in someone’s possession to secure a debt is considered “the property of another” from the viewpoint of the actual owner for the purposes of larceny.
True.
True or False: For purposes of larceny, there is no “taking” when a defendant has an owner’s permission of their property.
True.
An accomplice may sever liability for future crimes by withdrawal or abandonment by:
- giving no further assistance or encouragement;
and - communicating his withdrawal to his accomplices.
True or False: Felony murder is a separate offense from murder because it requires proof of an additional fact.
True.
True or False: If the defendant is guilty of arson, the resulting death cannot be considered unintentional.
True.
Receiving stolen property requires three elements:
- receiving the stolen property;
- knowing that the property is stolen;
- intending to permanently(Not temporarily) deprive the rightful owner thereof.
Under the majority (agency theory) rule, there is no felony-murder liability when:
a non-felon causes a death.
The agency theory posits that felony murder extends only when the killing is committed by one of the agents of the underlying theory.
True or False: a defendant can be held liable for criminal assault regardless of their true intentions.
True.
Accessory after the fact
one who knowingly receives, relieves, comforts, or assists one who has committed a crime to escape arrest, trial, or conviction.
