Crim Law

Question 1

What is Actus Reus?

Answer 1

A volitional and culpable act or failure to act when there is a legal duty.

Actus Reus is a fundamental component in establishing the elements of a crime.

Question 2

Define Mens Rea.

Answer 2

The guilty mind or the mental state behind a crime.

Mens Rea indicates the intention or knowledge of wrongdoing.

Question 3

What does it mean to act purposely?

Answer 3

When a person is aware of what they are doing and they want to cause harm.

Question 4

What is acting knowingly?

Answer 4

When a person is aware of what they are doing and knows that it will probably cause harm.

Question 5

Define recklessness in the context of Mens Rea.

Answer 5

When a person knows about a risk but chooses to consciously disregard it.

Question 6

What does acting negligently mean?

Answer 6

When a person did not know about a risk, but they should have known.

Question 7

What is required for causation in criminal law?

Answer 7

The defendant’s conduct must be both the actual cause and the proximate cause of the harm.

Question 8

What constitutes Common Law Murder?

Answer 8

An unlawful killing of a human being by another human being with malice aforethought.

Question 9

What are the four ways malice aforethought can be satisfied?

Answer 9

• Intent to kill a human being
• Intent to inflict grievous bodily injury on human being
• Depraved heart (extreme indifference to human life)
• Intent to commit a felony (felony murder)

Question 10

What is the definition of MPC Murder?

Answer 10

Killing that is committed purposefully, knowingly, or recklessly with extreme indifference to human life.

Question 11

What is Statutory Murder?

Answer 11

Willful killing of a human being.

Question 12

What are the three components of First Degree Murder?

Answer 12

• Willful: intent to kill
• Deliberate: ability to choose
• Premeditated: time to plan

Question 13

What defines Second Degree Murder?

Answer 13

Willful intent to kill or cause bodily injury creating a high risk of death.

Question 14

What is Felony Murder?

Answer 14

Allows conviction of murder if the defendant committed a felony that caused death.

Question 15

What is Common Law Manslaughter?

Answer 15

Unlawful killing of a human being by another human being without malice aforethought.

Question 16

Define Common Law Voluntary Manslaughter.

Answer 16

Intentional killing in ‘heat of passion’ as a result of ‘adequate provocation’ with no ‘cooling off period.’

Question 17

What is required for adequate provocation in Voluntary Manslaughter?

Answer 17

Must be a build-up of passion to kill and a causal connection between provocation, passion, and killing.

Question 18

Define Common Law Involuntary Manslaughter.

Answer 18

Accidental killing based on recklessness or gross negligence.

Question 19

What is MPC Manslaughter?

Answer 19

Reckless killing caused by conscious disregard of a serious risk OR a killing with extreme mental or emotional disturbance.

Question 20

What is Misdemeanor Manslaughter?

Answer 20

Allows conviction of manslaughter if the defendant committed a misdemeanor that caused death.

Question 21

What constitutes MPC Negligent Homicide?

Answer 21

A killing that is committed negligently.

Question 22

Define Common Law Battery.

Answer 22

The voluntary application of physical force to another person without legal justification resulting in bodily injury or offensive touching.

Question 23

What is Common Law Assault as Apprehension?

Answer 23

When a defendant intentionally places another person in reasonable apprehension of imminent bodily harm.

Question 24

Define Common Law Assault as Attempted Battery.

Answer 24

Occurs when a person intends to commit a battery, takes a substantial step toward it, but fails to complete it.

Question 25

What is False Imprisonment?

Answer 25

Knowingly confinement or restraint of another person without consent or lawful purpose.

Question 26

Define Kidnapping.

Answer 26

The confinement or carrying away of a victim through force or threat.

Question 27

What is Forcible Rape?

Answer 27

Sexual intercourse accomplished through the use of force or threat of force without the victim's consent.

Question 28

Define Statutory Rape.

Answer 28

Sexual conduct with a person under the legal age of consent.

Question 29

What is Larceny?

Answer 29

Taking and carrying away property of another by trespass with intent to permanently deprive the owner.

Question 30

What is Larceny by Trick/False Pretenses?

Answer 30

Use of intentional false representation to possess an item or obtain title of property with intent to permanently deprive.

Question 31

Define Embezzlement.

Answer 31

A person lawfully possesses the property of another and converts that property with intent to permanently deprive.

Question 32

What is Robbery?

Answer 32

Taking property from another person by force or threat of force.

Question 33

Define Extortion.

Answer 33

Obtaining property of another with consent by threatening to do something illegal.

Question 34

What is Blackmail?

Answer 34

Obtaining property of another with consent by threatening to do something legal.

Question 35

What is Arson?

Answer 35

Malicious, intentional, or reckless burning of any property or land.

Question 36

Define Burglary.

Answer 36

Breaking and entry of a dwelling or building with intent to commit a crime.

Question 37

What is Possession with Intent to Distribute?

Answer 37

Having possession of a controlled substance with intent to distribute.

Question 38

What is an Attempt in criminal law?

Answer 38

The defendant has specific intent to commit a crime and takes sufficient steps toward it.

Question 39

Define Solicitation.

Answer 39

The defendant has specific intent to solicit a third party to perform a crime.

Question 40

What is Conspiracy?

Answer 40

An agreement to commit an unlawful act with specific intent and an overt act in furtherance.

Question 41

What is a Wheel Conspiracy?

Answer 41

Has one central person working separately with others who may not be connected.

Question 42

Define Chain Conspiracy.

Answer 42

Involves people working together to carry out the same overall plan.

Question 43

What is Self-Defense?

Answer 43

A defense where a defendant shows they acted due to an immediate threat of death or serious injury.

Question 44

What is the Intoxication defense?

Answer 44

Claiming temporary insanity or unawareness of actions due to involuntary intoxication.

Question 45

Define Duress.

Answer 45

Claiming a crime was committed due to an immediate threat with no chance to escape.

Question 46

What is a Mistake of Fact?

Answer 46

When a person has a false belief about a factual situation leading to an unintended act.

Question 47

What is the Necessity defense?

Answer 47

Requires imminent threat of significant harm and actions necessary to prevent it.

Question 48

Define Insanity under the M'Naghten test.

Answer 48

A person is not guilty if they do not understand what they are doing or that it’s wrong.

Question 49

What is the Irresistible Impulse test?

Answer 49

A person knows what they are doing is wrong but cannot control themselves.

Question 50

What does the MPC test for Insanity state?

Answer 50

A person isn’t guilty if they can’t understand that what they’re doing is wrong or can’t control their actions.