Criminal Law

Question 1

Malice Aforethought

Answer 1

Requires (1) intent to kill (express malice); (2) intent to inflict great bodily injury; (3) reckless indifference to an unjustifiably high risk to human life; (4) intent to commit a felony.

Question 2

Voluntary Manslaughter

Answer 2

A killing committed under adequate provocation.

Question 3

Specific Intent Crimes

Answer 3

Students Can Always fake a laugh, even for ridiculous bar facts

Solicitation, Conspiracy, Attempt, First degree pre-meditated murder, Assault, Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery.

Unreasonable Mistake of Fact or Voluntary Intoxication are defenses.

Question 4

Defenses only available for Specific Intent Crimes

Answer 4

1. Voluntary Intoxication;

2. Unreasonable mistake of fact

Question 5

First Degree vs. Second Degree Murder

Answer 5

Murder is 2nd degree unless premeditation and deliberation can be shown (or if it falls under felony murder).

Question 6

Agency Theory of Felony Murder

Answer 6

The killing must have been caused by the defendant or someone acting as the defendant’s agent (accomplice). A killing by police would not result in defendant’s liability under agency theory.

Question 7

M’Naghten Rule

Answer 7

Insanity test requires a defect in reasoning, such that defendant lacked ability to know wrongfulness of actions or understand the nature and quality of his actions.

Question 8

Involuntary Manslaughter

Answer 8

1. A death resulting from criminally negligent behavior (unintended killing caused by negligence); or
2. Death that results from a misdemeanor; OR commission of an unenumerated felony (i.e. not inherently dangerous BARRK felony).

No INTENT is required.

Question 9

Accomplice

Answer 9

One who (1) has the intent to assist the principal and the intent that the principal commit the substantive offense; and (2) actually aids, counsels, or encourages the principal before or during the commission of the crime.

Question 10

Conviction for ATTEMPT

Answer 10

Prosecution must establish that defendant had (1) specific intent to commit the target crime; AND (2) an act beyond mere preparation in furtherance of that intent.

Question 11

Accessory After the fact

Answer 11

One who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to help the felon escape arrest, trial, or conviction. Crime must have been committed by the principal at the time the aid was rendered.

Question 12

Inherently Dangerous Felonies (for felony murder)

Answer 12

Burglary
Arson
Rape
Robbery
Kidnapping

Question 13

Attempt

Answer 13

Requires:

1. Specific intent to commit the target offense; AND
2. Substantial step

Question 14

Reckless

Answer 14

A person acts recklessly when he consciously disregards a substantial or unjustifiable risk that a prohibited result will follow and this disregard constitutes a gross deviation from the standard of reasonable care.

Question 15

Conspiracy

Answer 15

Common law Conspiracy:

1. Requires 2 or more persons;
2. intent to enter into agreement;
3. intent to achieve objective of that agreement

Defense to Common Law Conspiracy: No defense to conspiracy charge but may relieve from subsequent crimes if (1) affirmative act to notify all members of intent; AND (2) done timely so that they have opportunity to withdraw.

If told to use model penal code: can withdraw but must attempt to thwart or actually thwart the crime (call the police).

Question 16

Arson

Answer 16

Modern (MPC): malicious burning of any structure or dwelling / charring is sufficient (mere blackening is not sufficient).

If told to follow common law: malicious burning of dwelling house of another

Question 17

Malice

Answer 17

Acting with reckless disregard of an obvious risk

Question 18

Forgery

Answer 18

(1) creating or altering (2) of a false instrument with (3) the intent to defraud.

Question 19

Automobile Exception

Answer 19

If police have probable cause to believe that automobile contains contraband or evidence of a crime, they may search wherever they suspect those items may be located without a warrant, including closed containers and the TRUNK.

Question 20

Automobile search Incident to Arrest

Answer 20

If police make a valid arrest, they may search the area within the immediate control of the arrestee (wingspan), in order to find evidence for the offense for which the person was arrested for, or to preserve evidence, or to protect officer safety, including the entire passenger area of the car but NOT THE TRUNK.

Question 21

Stop & Frisk Doctrine

Answer 21

Police can stop a person without probable cause for arrest if they have a reasonable and articulable suspicion that criminal activity is afoot;

AND if the officer reasonably believes that the suspect is armed and dangerous, she may conduct a protective frisk (pat down of outer layer for weapons, but if reasonably believes, based on plain feel, that the item is weapon or contraband, may extract it).

Question 22

Standing

Answer 22

D must show that he had ownership or possessory interest in premises searched or items seized (reasonable expectation of privacy).

Question 23

5th Amendment Right to Counsel

Answer 23

No person shall be compelled to be a witness against himself.

5th Amendment right to counsel is prior to being charged - and once invoked, covers any offense.

Question 24

6th Amendment right to counsel

Answer 24

Defendant’s right to counsel (is in stone) at any post-indictment interrogation, unless defendant knowingly and intelligently waives the right.

Offense specific - only applies to the crime you’ve been charged with.

If D doesn’t knowingly waive right, can still use any statement made by D to impeach him.

Question 25

Affirmative Defenses

Answer 25

Burden placed on defendant is okay (e.g. mental disease or defect).

Question 26

Double Jeopardy

Answer 26

Attaches when there are (1) convictions; (2) acquittals; and (3) evidence of prosecutorial misconduct.

Question 27

Deadly Force

Answer 27

Deadly force can be used in self defense if person:

1) is without fault;
2) confronted with unlawful force; and
3) reasonably believes that he is threatened with imminent death or great bodily harm.

Generally no defense for aggressor, but can be if victim escalates minor fight into major one and does not give aggressor chance to withdraw or retreat.