Criminal Law

Question 1

What crimes does the Felony Murder Rule apply to?

Answer 1

The “inherently dangerous felony” BARRK Crimes –> Burglary, Arson, Robbery, Rape, Kidnapping

Question 2

What is the “agency theory” or majority position for felony murder?

Answer 2

D is not liable for a bystander’s death caused by a felony victim or a police officer

Question 3

What is the proximate cause theory or minority position for felony murder?

Answer 3

D is liable for bystander’s death because it is a direct consequence of the felony

Question 4

Define: Voluntary manslaughter

Answer 4

Homicide committed with malice aforethought, or murder with certain mitigating circumstances (heat of passion, imperfect self-defense)

Question 5

Define: Involuntary manslaughter

Answer 5

An unintentional homicide coupled with criminal negligence or during an unlawful act

Question 6

Define: Larceny

Answer 6

Trespassory taking and carrying away of the personal property of another with the specific intent to permanently deprive the owner of the property

Question 7

Define: Larceny by trick

Answer 7

Larceny accomplished by fraud or deceit that results in the conversion of the property of another

Question 8

Define: Forgery

Answer 8

The making of a false writing with apparent legal significance and with the intent to defraud

Question 9

Define: Embezzlement

Answer 9

The fraudulent conversion of the property of another by a person who is in lawful possession of the property

Question 10

Define: False Pretenses

Answer 10

Obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact with the intent to defraud

Question 11

Define: Robbery

Answer 11

Larceny from the person or presence of the victim by force or intimidation

Question 12

Define: Extortion

Answer 12

The taking of money or property from another by threat.

Making the threat is the essence of the crime. The threat need not be of immediate harm or of a physical nature. The property need not be on the victim or in his presence.

Question 13

Define: Burglary

Answer 13

Breaking and entering into the dwelling of another at night with the intent to commit a felony therein.

Question 14

Define: Arson

Answer 14

The malicious burning of the dwelling of another

Question 15

What crimes are specific-intent crimes?

Answer 15

FIAT –> First degree murder, inchoate offenses, assault with intent to commit battery, theft offenses

Question 16

What crimes are considered malice crimes?

Answer 16

AM –> Arson and common law murder

Question 17

Define: Depraved Heart Murder

Answer 17

A killing resulting from reckless indifference to an unjustifiably high risk to human life

Question 18

Define: Criminal Negligence

Answer 18

Grossly negligent action that puts another person at a significant risk of serious bodily injury or death. Requires more than ordinary tort negligence, but less than depraved-heart murder.

Question 19

When can a defendant claim the duress defense?

Answer 19

When a third party’s unlawful threat causes the defendant to reasonably believe the only way to avoid death or serious bodily injury to himself or another is to violate the law, and the defendant violates the law

Question 20

Define: Felony Murder

Answer 20

Unintended and foreseeable killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony (most common: BARRK— burglary, arson, robbery, rape, and kidnapping)

Question 21

Define: Battery

Answer 21

The unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching

Question 22

Define: Assault

Answer 22

An attempt to commit battery OR

Intentionally placing another in apprehension of imminent bodily harm

Question 23

Define: Kidnapping

Answer 23

Unlawful confinement of a person
Against their will
Coupled with either the movement or hiding of that person

Question 24

Define: False imprisonment

Answer 24

Unlawful confinement of a person without consent

Question 25

Define: Rape

Answer 25

Unlawful sexual intercourse with a female against her will by force or threat of immediate force

Question 26

Define: Solicitation

Answer 26

Enticing, encouraging, requesting or commanding another person
To commit a crime
With the intent that the other person commits the crime

Question 27

Define: Conspiracy

Answer 27

An agreement
Between two or more persons
To accomplish an unlawful purpose
With the intent to accomplish that purpose

Question 28

Define: Attempt

Answer 28

A substantial step toward commission of crime (beyond mere preparation) with the specific intent to commit the crime

Question 29

Define: Murder

Answer 29

The unlawful killing of another living human being with malice aforethought

Question 30

What is malice aforethought?

Answer 30

• Intent to kill
• Intent to do serious bodily injury
• Reckless indifference to human life
• Intent to commit a felony

Question 31

What is heat of passion?

Answer 31

Murder committed in response to a situation that could inflame a reasonable person

Not a defense, reduces murder down to voluntary manslaughter

Question 32

What statutory crime is common law murder equivalent to?

Answer 32

Second-degree murder