Criminal Law - Crimes Against the Person

Question 1

Arson

Answer 1

Malicious burning of the dwelling house of another. “General intent” crime because it does not require a specific mental state of intent. As a general rule, voluntary intoxication is not a defense for a “general intent” crime.

Question 2

Larceny

Answer 2

(1) trespassory
(2) taking and
(3) carrying away of the
(4) personal property
(5) of another
(6) with the intent to permanently deprive the owner thereof. Requires an intent to steal - an intent to deprive the owner of the possession of his property permanently or for an unreasonable length of time.

Question 3

M’Naghten Rule

Answer 3

a person is considered “insane“ if “at the time of committing of the act, the party accused was laboring under such a defect of reason, arising from a disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know what he was doing was wrong.“

Question 4

Malice at Common Law

Answer 4

May consist of:

(1) felony-murder
(2) intent to kill
(3) extreme reckless conduct likely to cause death or serious injury; or
(4) intent to cause serious bodily injury that results in death

Question 5

Voluntary Manslaughter

Answer 5

Specific Intent. Intentional killing w/:

1) adequate provocation, or
2) mistaken justification

Question 6

Involuntary Manslaughter

Answer 6

General Intent. Unintentional killing w/:

1) gross negligence, or
2) misdemeanor - manslaughter

Question 7

Felony Murder

Answer 7

The killing must have been done in the furtherance of the felony, but V must be an innocent party. Felony murder does not apply when the person
killed is a co-felon.