Criminal Law

Question 1

Solicitation

Answer 1

Solicitation is defined as encouraging another person to commit a criminal offense with the intent that the offense be committed.

Question 2

Attempt

Answer 2

Attempt is defined as a direct but ineffectual act towards the completion of a criminal offense with the specific intent to complete the crime.

Question 3

Bilateral Conspiracy

Answer 3

Bilateral conspiracy is defined as an agreement made between 2 or more people to commit the criminal offense and an overt act towards the completion of that offense

Question 4

unilateral conspiracy

Answer 4

unilateral conspiracy is defined as an agreement made between 2 or more people one being someone under the law of authority to commit the criminal offense and an overt act towards the completion of that offense

Question 5

Accomplice Liability

Answer 5

Accomplice liability is defined as one who aids and abets another in the commission of a crime.
an accomplice is liable for all foreseeable crimes committed in the furtherance of his assistance.

Question 6

Factual Impossibility

Answer 6

the defendant is mistaken about the facts, so it is factually impossible for the defendant to commit the crime.

Question 7

legal impossibility

Answer 7

it was impossible to commit what was intended

Question 8

“true” legal impossibility

Answer 8

true legal impossibility is defined as if the person’s objective had been accomplished but there would be no criminal violation, the person can not be held criminally liable for an intent

Question 9

Bribery

Answer 9

bribery is defined as giving, offering, promising, to anyone about to be called a witness, consideration is any understanding or agreement that their witness testimony will be influenced by the consideration.

Question 10

Compounding a felony

Answer 10

Compounding a felony is defined as taking money, property, gratuity, reward, or promise thereof, while agreeing to conceal a crime or abstain from prosecuting a crime with knowledge that a crime has been committed.

Question 11

Threatening or interfering with a peace officer

Answer 11

Threatening or interfering with a peace officer is defined as willfully resisting, delaying or obstructing a peace officer in the performance of their duty.

Question 12

Heat of Passion

Answer 12

the defendant was provoked a reasonable person would be provoked, a reasonable person did not have time to cool off, defendant did not have time to cool off.

Question 13

Imperfect self-defense

Answer 13

an honest, but unreasonable use of force

Question 14

Principals

Answer 14

A principal also known as a perpetrator is one who commits the crime

Question 15

Accessories

Answer 15

Accessories also known as aiders and abettors is one who promotes, encourages, and facilitates the commission of the crime.
Usually by words, gestures, looks, or signs.

Question 16

Third party Vicarious Liability

Answer 16

Third party vicarious liability is the minority rule which is the co felon can be liability for the acts of others for example the killing of his partner if the co felon is having a provocative act.

Question 17

Redline Rule

Answer 17

Redline rule is the majority rule in which the co felon can not be liable for the killing of his partner.

Question 18

Voluntary intoxication

Answer 18

intentional or willful ingestion of alcohol or drugs

a defense for specific intent crimes

Question 19

Involuntary intoxication

Answer 19

unintentionally ingesting alcohol or drugs without knowing

a defense for specific and general intent crimes.

Question 20

Self-Defense

Answer 20

Self-Defense is defined as a person may use force to resist another who seeks to cause that person harm

Question 21

Accessory after the fact

Answer 21

Accessory after the fact is defined as a crime when one who knows that a crime has been committed, aids and assists one in escaping capture or prosecution for that crime.

Question 22

Merger

Answer 22

Merger is defined as solicitation will merge into the targeted crime of conspiracy

Question 23

Affirmative Defense

Answer 23

An affirmative defense is defined as yes i did it, but i had a good reason

Question 24

Elemental Defense

Answer 24

Elemental Defense is defined as a Failure of proof as to an element of a crime.

Question 25

Wharton’s Rule

Answer 25

Wharton’s Rule is defined as when a crime takes more than one person to commit then you can not charge someone with conspiracy.

Question 26

Withdrawal of Conspiracy

Answer 26

Withdrawal of Conspiracy is defined as when a person in the agreement with the crime withdrawals from the crime by telling the officials.

Question 27

Conspiracy Liability

Answer 27

Conspiracy lability combines 2 or more persons who agree to commit a crime and one or more commits an overt act in furtherance of that agreement

Question 28

Pinkerton Rule

Answer 28

The Pinkerton Rule provides criminal liability to a party to a conspiracy for all foreseeable crimes committed by any co-conspirator during the course of the conspiracy

Question 29

Duress

Answer 29

elemental defense

involuntary act without criminal intent through force or fear

Question 30

necessity

Answer 30

Necessity is an affirmative defense admitting the crime to avoid a greater evil

Question 31

Entrapment

Answer 31

Objective Entrapment is defined as outrageous government conduct.
Subjective Entrapment is defined as predisposition

Question 32

insanity

Answer 32

Insanity is a defense which calls into question the defendant’s ability to form the requisite mental state of the crime.

Question 33

McNaghten’s Rule

Answer 33

the McNaghten’s Rule defines a test for insanity. because of disease of the mind they did not know what they were doing was wrong.

It must be clearly proven that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act they were doing; or, if they did know it, that they did not know they were doing what was wrong
nature and consequences or wrongfulness

Question 34

Irresistible impulse

Answer 34

Irresistible impulse defines a test for insanity. They new it was wrong, but because of their illness they could not exercise control over their actions
it must be clearly proven that, at the time of the committing of the act, the defendant knew the action was wrong, but who, as a result of a disease of the mind, was unable to exercise control over their actions.

Question 35

Durham Rule

Answer 35

The Durham rule defines a test for insanity. it must be clearly proven that, at the time of the committing of the act, a defendant suffers from a mental disease or defect

Question 36

Kidnapping

Answer 36

Kidnapping is defined as the unlawful movement of a person using force or fear one place to another in a substantial distance. To be kidnapping, the movement need to be without the consent of the person and the movement for a substantial distance.

Question 37

Mayhem

Answer 37

Mayhem is defined as an unlawful act by means of physical force resulting in a disfiguring injury doe with malice

Question 38

Perjury

Answer 38

Perjury is defined as making a willful statement, under oath, of any material matter which the witness knows to be false

Question 39

Bigamy

Answer 39

Bigamy is defined as willfully married any other person while having a husband or wife living

Question 40

Arson

Answer 40

Arson is defined as willfully and maliciously setting fire to any structure and land of another. Arson can be defined as willfully and maliciously setting fire to ones own property if for the purpose of insurance fraud

Question 41

Accessory liability

Answer 41

Accessory liability attaches to all persons who commit a crime, or promote, encourage and facilitate the commission of that crime.

Question 42

Alibi

Answer 42

Alibi is defined as facts placing the defendant at the relevant time in a different place so as to render it impossible for the defendant to be the guilty party

Question 43

Defense of property

Answer 43

Defense of property is defined as a person may use as much force as is immediately and reasonably necessary to prevent theft and eject a trespasser or thief from their property