Crim Law

Question 1

Common Law Murder

Answer 1

A homicide committed with Malice
Malice: 
- intent to kill
-intent to inflict great bodily harm; Or
-depraved hear: reckless indeifference to a known high risk of death or great bodily harm
Or Felony murder rule

Question 2

Felony Murder Rule

Answer 2

Homicide committed during an inherently dangerous felony
- inhernently dangerous felonies: BARRK
- Homicide must be foreseeable/proximate cause
-Vicarous Liability
liable for death caused by cofelon
not liable if non felon kills co felon
porximate cause theory: liable for death of non-felon by non felon
agency theory: not liable for death of non- felong by non felon

Question 3

Involuntary manslaughter

Answer 3

A homicide committed without Malice

• intent to inflict slight bodily harm
• criminal negligence- gross deviation from reasonable person standard
• Misdemeanor-manslaughter rule: homicide during a non-inherently dangerous felony or malum in se crime

Question 4

Justification

Answer 4

If a crim is justified, the defendant is not criminally liable

• Defensive privilges
• note, initial aggressor can’t use SD unless they withdraw Or other side escalates and safe retreat is unavailable

Question 5

Excuse

Answer 5

If a crim is excused, the defendant is not criminally liable
- youth/infancy
-insanity
-intoxication
voluntary- only defense to specific intent crimes
involuntary- apply insanity test

Question 6

Insanity Tests

Answer 6

M’naughten: did not know wrongfulness of act OR could not understand the nature and quality of act
Irresistible Impulse: unable to control conduct or conform conduct to law
MPC: lackd capacity to understand wrgonfulness of act or conform conduct to law
Durham: crim was product of mental defect

Question 7

Voluntary Manslaughter

Answer 7

an intentional killing that would otherwise by mitigated to involuntary manslaughter if:

1. adequate provocation: must be a subjective and objective passion and no cooling off
2. Good faith mistake

Question 8

Degrees of Murder

Answer 8

First Degree: Premeditatd and deliberate intent to kill, Felony murder BARRK by statute
SEcond Degree: all other murders

Question 9

Criminal Assault

Answer 9

1. an attempted battery (specific intent crime)

2. intentional creation of a resonable apprehension of immenent harmful contact (general intent)

Question 10

Criminal Battery

Answer 10

The unlawful application of force to another person causing bodily injury or offensive contact

Question 11

Kidnapping

Answer 11

the confinement of another person involving either movement or concealment

Question 12

Larceny (and larceny by trick)

Answer 12

The trespassory taking and carrying away of the personal prop of another with the intent to permanaently deprive
By trick if taking occurs with consent obtained by misrepresentation

Question 13

Embezzlement

Answer 13

Fraudulent conversion of the property of another by one in rightful possession

Question 14

False pretenses

Answer 14

The acquisition of title to another’s property by a false representation with intent to defraud
- causes a chane in ownership, not merely possession

Question 15

robbery

Answer 15

A larceny committed from the victims presence by force or threat of force of immediate bodily harm

Question 16

Arson

Answer 16

the burning (charring) of a protected structure of another with malice (intent to burn or knowledge of extremely high risk of burning)

Question 17

Burglary

Answer 17

trespassory breaking and entering of the protected structure of another at nighttime with intent to commit a felony therein

• common law required it to be a residence- now any structure
• commone law required to be at night- now any time
• must have intent to commit felony inside at time of entry

Question 18

attempt (and defenses)

Answer 18

guilty of attempt if defendant commits an act of preparation with the intent to commit the target crime
- substantial step or comes dangerously close

Defenses:
- merger
legal impossibility(factual impossibility no defense)

Question 19

Solicitation

Answer 19

Asks or requests of another person to commit a crim with the intent that the person solicited commit the crime

• if the party solicited actually commits the crime, the soliciter will also be vicariously liable for the crime (but not solicitation because of merger)

Question 20

Conspiracy and vicarious liability of con-conspirators and defenses

Answer 20

If defendant enters into agreement with another party for an unlawful objective and some overt act is performed in furtherance o fhte unlawful objected,

• agreement can be express or implied
• majority: all conspirators must agree (no conspiracy with undercover police)
• minority/MPC: allows unilateral conspiracy

Vicarious Liability- liable if 1 reasonably foreseeable and 2 in reasonable futherance of conspiracy

Defenses: withdrawal- liable for conspiracy but not target crime
legal impossibility
no merger- does not merge into completed crime

Question 21

Accomplice Liability

Answer 21

Principal- Liable for their crimes
Accomplice- Aids, counsels, or encourageds- liable for principal’s forseeable crimes
Accessory after the fact- intends to help felon escape arrest or trial after the felony- may be liable of obstructing justice

Question 22

Entrapment

Answer 22

Not guilty if not predisposed to commit the crime, the plan originated with gov’t

Question 23

Mistake of Fact

Answer 23

Reasonable: if reasonable mistake negates mental state required for crime then not guilty
Unreasonable: only defense to specific intent crimes