Crim Law

Question 1

Degrees of Murder

Answer 1

First Degree -

• Intentional killing w/
• premeditation (planned) and
• deliberation (calm, cool, collected)
• and
• Felony murder

Second Degree - (In Mass.)

• All other murders

Question 2

Murder

Answer 2

Causing death

with

malice aforethought.

• Intent to kill (infered from use of deadly weapon)
• Intent to inflict serious bodily harm (shots V’s leg intending to injure but V dies)
• Reckless indifference to human life (wanting to fire a warning shot to scare)
• Felony murder

Question 3

Felony Murder

(First degree when underlying felony is punishable by death)

Answer 3

any foreseeable killing

durring (once ∆ gets to safety, felony is over)

the commission/attempt of (∆ is guilty of underlying felony)

an inherently dangerous felony (burglary, arson, rape, etc.)

Proximate cause - 3d party can do killing

Agency theory - co-felon must do killing

Question 4

Voluntary Manslaughter

Answer 4

Intentional killing

in the

heat of passion (witness adultety, in the course of battery)

upon

adequate provocation. (objective and subjective)

Question 5

Involuntary Manslaughter

Answer 5

Killing during crime (not felony murder)

or

Unintentional killing w/

• criminal negligence (Common law); or
• recklessly (MPC)
• wanton/reckless or during battery (Mass.)

Question 6

False Imprisonment

&

Kidnapping (Crime)

Answer 6

Unlawful confinement

of a person

without their consent.

Kidnapping: move or conceal the falsely imprisoned person.

Question 7

Rape

Answer 7

Forcible:

Sexual intercourse w/o the consent acomplished by–

• force
• threat of force
• when victim was unconsious.

(General intent)

Statutory:

Sexual intercourse w/ somone under age of consent.

(Strict liability)

Question 8

Larceny

Answer 8

Trespassory (wrongful/unlawful)

Taking and Carrying Away (moves the property)

the

Personal Property of Another (Who had legal custody?)

with the

Intent to Permanently Retain (Intent to steal … ∆ can’t think the property is his)

Question 9

Embezzlement

Answer 9

Specific intent to defraud

∆ has lawful possession of property (unlike larceny)

*and *

converts it.

Question 10

False Pretenses

Answer 10

Obtaining title (i.e. “ownership,” not mere custody) to personal property of another

by

an intentional false statement (Can’t be future promise)

w/ the specific intent to defraud.

E.g. “If you give me your cellphone I’ll give you a check for $100. I just opened the account. It has $1000 balance.”

Question 11

Robbery

Answer 11

“[Larceny] + 2”

Larceny by–

• force; or
• threat of immediate force (future threat is extortion)
• to Victim’s person or presence.

Question 12

Forgery

Answer 12

Making/altering a writing

*so that it *

is false.

(Specific intent to defraud)

But once you cash the forged check it’s also the crime of false pretenses

Question 13

Burglary

Answer 13

Breaking (creating or enlarging an opening … breaking or opening door)

&

Entering (any part of your body)

the

Dwelling of another

at night

with the

Intent to commit a felony inside.

Question 14

Arson

Answer 14

Malicious

burning (requires “charring”)

of a

builiding (the fibers of the building … not just the carpet)

Question 15

Possession (of Contraband)

Answer 15

Control

or

Dominion and Control (Constructive)

and

Knowledge of the–

• possession; and
• item possessed.

Question 16

Receipt of Stolen Property

Answer 16

Receving possession and control of stolen property

while

knowing property obtained criminally

and

intent to keep it stolen.

Question 17

**Specific Intent Crimes **

SAC FA BEFFLR

(Desire to act + desire to achieve result)

Answer 17

SAC

• Solicitation
• Attempt
• Conspiracy

_FA _

• First Degree Murder (Pre-med/delib)
• Assault

BEFFLR

• Burglary
• Embezzlement
• Forgery
• False Pretenses
• Larceny
• Robbery

Defenses: voluntary intoxication and unreasonable mistake of fact

Question 18

Malice Crimes

(Intentional/reckless disregard of obvious/known risk)

Answer 18

Common Law Murder

Arson

Question 19

**General Intent Crimes **

(Awareness of facts, jury can infer)

Answer 19

Forcible rape

Battery

False Imprisonment

Kidnapping

Question 20

Strict Liablity Crimes

(No mental state required)

Answer 20

Public welfare regs.

Statutory Rape