Criminal Law

Question 1

A state has jurisdiction over a crime if:

Answer 1

• Any act constituting an element of the offense was committed in the state
• An act outside the state caused a result in the state

Question 2

Common Law Merger

Answer 2

If a person engaged in conduct constituting both a felony and a misdemeanor, they could only be convicted of the felony

Question 3

Modern Law Merger

Answer 3

A person cannot be convicted of both:

• the solicitation and the completed crime
• the attempt and the completed crime

Question 4

Elements of a Crime

Answer 4

• A physical act (acts reus)
• A mental state (mens rea), and
• A concurrence of the act and mental state

Question 5

Physical Act

Answer 5

A defendant must have either performed a voluntary physical act (bodily movement) or failed to act under circumstances imposing a legal duty to act

Question 6

The failure to act gives rise to liability if:

Answer 6

• Legal duty to act
• Defendant has knowledge
• Reasonably possible to perform

Question 7

A legal duty to act can arise from one of five circumstances:

Answer 7

• By statute
• By contract
• The relationship between the parties
• The voluntary assumption of care by the defendant for the victim
• The defendant created the peril for the victim

Question 8

Specific Intent Crimes

Answer 8

• Solicitation
• Conspiracy
• Attempt
• First degree premeditated murder
• Assault
• Larceny
• Embezzlement
• False pretenses
• Robbery
• Burglary
• Forgery

Question 9

Intent for Malice Crimes

Answer 9

Requires a reckless disregard of an obvious or high risk that the particular harmful result will occur

Question 10

General Intent

Answer 10

The defendant has an awareness of all factors constituting the crime

Question 11

Model Penal Code (MPC) Categories of Intent

Answer 11

• Purposely: conscious object is to engage in certain conduct or cause a certain result
• Knowingly: are aware that their conduct is of a particular nature or that certain circumstances exist
• Recklessly: consciously disregard a substantial and unjustifiable risk that circumstances exist or that a prohibited result will follow

Question 12

Negligence

Answer 12

A person acts negligently when they fail to be aware of a substantial and unjustifiable risk, where such failure is a substantial deviation from the standard of care

Question 13

Transferred Intent

Answer 13

The defendant can be liable under the doctrine of transferred intent when they intend the harm that is actually caused, but to a different victim or object

Question 14

Principal (Accomplice Liability)

Answer 14

One who, with the requisite mental state, actually engages in the act or omission that causes the criminal result

Question 15

Accomplice (Accomplice Liability)

Answer 15

One who aids, advises, or encourages the principal in the commission of the crime charged

Question 16

Accomplice Mental Dual Intent Requirement

Answer 16

Accomplice must have:

• the intent to assist the principal in the commission of a crime; and
• the intent that the principal commit the substantive offense

Question 17

Accomplice Scope of Liability

Answer 17

An accomplice is responsible for the crimes they did or counseled and for any other crimes committed in the course of committing the crime contemplated to the same extant as the principal, as long as the other crimes were probable or foreseeable

Question 18

Accomplice Withdrawal

Answer 18

• A person who effectively withdraws from a crime before it is committed cannot be held guilty as an accomplice
• Must occur before the crime becomes unstoppable
• If the person encouraged the crime, they must repudiate the encouragement
• If the person provided assistance to the principal, they must do everything possible to attempt to neutralize the assistance
• Notifying the police or taking other action to prevent the crime is also sufficient

Question 19

Conspiracy

Answer 19

(1) an agreement between two or more persons;
(2) an intent to enter into the agreement; and
(3) an intent by at least two persons to achieve the objective of the agreement
(most courts require an overt act)

Question 20

Termination of Conspiracy

Answer 20

Conspiracy terminates upon completion of the wrongful objective

Question 21

Liability for Co-Conspirators’ Crimes

Answer 21

A conspirator may be held liable for crimes committed by other conspirators if the crimes:

(1) were committed in furtherance of the objectives of the conspiracy and
(2) were foreseeable

Question 22

When Conspiracy Withdrawal Effective

Answer 22

• Conspirator must perform an affirmative act that notifies all members of the conspiracy of their withdrawal, in time for them to abandon their plans
• If assistance was provided, conspirator must try to neutralize the assistance

Question 23

Conspiracy Merger?

Answer 23

Conspiracy and the completed crime are distinct offenses; there is no merger

Question 24

Solicitation

Answer 24

Asking, inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that the person solicited commit the crime