Criminal Law

Question 1

Essential Elements of a Crime

Answer 1

Actus Reus: Criminal Act
**Mens Rea: **Mental State
Causation: There must be a causal connection between the Defendant’s physical act or failure to act and the harmful result.
**Concurrence: **The requisite mental state must be present at the same time as the physical act consituting the crime occurs.

Question 2

Mens Rea

Answer 2

Defendant must have committed the offense with a culpable state of mind. However, the defendant need not know that their conduct is illegal to be guilty of a crime.

Question 3

4 Mental State types of Crime

Answer 3

At common law, one of the four following mental states need be proven depending on the crime comitted:
1) Specific Intent
2) Malice
3) General Intent
4) Strict Liability

Question 4

Specific Intent Crimes

Answer 4

FIAT AKA the specific intent crimes
1. First Degree Murder
2. Inchoate Crimes
3. Aassult with intent to commit battery
4. Theft

Question 5

Inchoate Crimes (requiring specific intent)

Answer 5

Attempt, Solicitation, Conspiracy

Question 6

Malice (state of mind requirement)

Answer 6

The intent necessary for malice crimes require an obvious disregard of an obvious or high risk that the particular harmful result will occur. Defenses to specific intent crime DO NOT apply to malice.

Question 7

Malice Crimes

Answer 7

Common Law Murder (depraved heart murder) & Arson

Question 8

General Intent Crimes:

Answer 8

Catch-all, requires the defendant intended to commit an act prohibited by law.
1. Battery
2. Rape
3. Manslaughter
4. Kidnapping; AND
5. False imprisonment

Question 9

Strict Liability

Answer 9

Strict liability requires only that the defendant voluntarily committed the actus reus. Defenses that negate state of mind are NOT available.

Question 10

Strict Liability Crimes

Answer 10

1) Statutory Rape;
2) Selling liquor to minors;
3) Bigamy

Question 11

Model Penal Code Intent Categories

Answer 11

1. Purposely: Defendant’s conscious objective is to engage in the conduct or cause a certain result.
2. Knowingly or Willingly: Defendant is aware his conduct is of the nature required by the crime.
3. Recklessly: Acts with a conscious disregard of substantial and unjustifiable risk
4. Negligently: Fails to perceive a substantial and unjustifiable risk

Question 12

Homicide: Common Law Murder

Answer 12

Intentional killing of another human being with malice aforethought. Malice aforethought exists if there are NO facts reducing the killing to voluntary manslaughter AND it committed wiht one of the following states of mind:
1. Intent to kill;
2. Intent to inflict great bodily injury;
3. Reckless indifference to an unjustifiably high risk to human life
4. Intent to commit a dangerous felony (felony murder)

Question 13

Voluntary Manslaughter (Heat of Passion)

Answer 13

Voluntary manslaughter is a killing that would be murder BUT FOR the existence of adequate provocation. provocation is only adequate if:
(1) It was a provocation that would arouse sudden and intense passion in the mid of an ordinary person, causing him to lose self-control; AND
(2) There was NOT a sufficient time for a reasonable person to cool off.

Question 14

Involuntary Manslaughter

Answer 14

The unintentional killing committed with:
(A) Criminal negligence OR;
(i) criminal negligence requires a grossly negligent action that puts another at a serious risk of severe bodily harm or death.
(B) During an unlawful act (that is not a BAARK felony or is a misdemeanor)

Question 15

First Degree Murder

Answer 15

Generally, murder is 2nd degree unless statutory aggravating circumstances:
(1) Premeditation: The murder was deliberate and premeditated, if the Defendant made the decision to kill in a cool and dispassionate manner (even for a few seconds) it is 1st degree murder.
(2) **Felony Murder: ** Death occurred during the comission of an inherently dangerous felony (BARRK).
(3) Heinuous Murder: Murder is performed in a certain way

Question 16

Felony Murder Rule

Answer 16

Any death caused in the commission of, or in the attempt to commit, a felony is murder.
(1) Defednant must have committed or attempted to commit the underlying felony.
(2) The felony must be distinct from the killing itself.
(3) The death must have been a foreseeable result of the felony.
(4) The death must have been caused before the Defendant’s immediate flight when the felony ended. (I.e., before theyre in a safe place).

Question 17

Causation of Homicide

Answer 17

To be liable for homicide, the Defendant’s conduct must be the cause-in-fact and the proximate cause of the victim’s death.
(1)** Cause in fact:** A defendant’s conduct is the cause-in-fact of the victim’s death if the death would not have orccurred but for the defendant’s conduct.
(2) Proximate Cause: A Defendant’s conduct is the proximate cause of the victim’s death if the death is a natural and probable consequence of the Defendant’s conduct.
NOTE: A third party’s negligent medical care and victim’s refusal of medical treatment are both considered foreseeable, and the defendant is** liable.**

Question 18

Battery

Answer 18

1. Unlawful
2. Application of Force
3. To the Person of Another
4. That results in bodily harm or** offensive** contact.
5. Remember, battery is a **general intent crime **(intent to cause injury is NOT necessary)

Question 19

Assualt

Answer 19

Assault is either:
(1) An attempt to commit a battery; OR
(2) Placing another in apprehension of imminent bodily harm.
If there has been physical contact there can only be a battery not an assault

Question 20

False Imprisonment

Answer 20

1) Unlawful
2) Confinement
3) Without valid consent

Question 21

Kidnapping

Answer 21

Modern Statutes define kidnapping as unlawful confinement of a person that involves either:
(1) some movement of the victim
(2) hiding the victim

General intent crime.

Question 22

Rape

Answer 22

Common law rape
1. Unlawful sexual intercourse
2. With a female
3. Against her will by force or threat of force

Modern rape statute:
Does not have to involve a woman
Can occur without threat or force (i.e., involuntary intoxication)
Can involve activity other than penetrative sex

Question 23

Statutory Rape

Answer 23

Requires only that there is sexual intercourse with a person who is underage.

Question 24

Larceny

Answer 24

1) A taking;
2) And carrying away;
3) Of the personal property of another;
4) Without consent;
5) With the intent to permanently deprive

Question 25

Embezzlement

Answer 25

1) The **fraudulent conversion**; 2) Of the **personal property of another;** 3) By a person in **lawful custody of that property**

Question 26

False Pretences

Answer 26

1) Obtaining **title**; 2) To the personal property of another; 3) By an **intentional false representation;** 4) Of material **past or present fact**(not opinion); 5) With **intent to defraud**

Question 27

Larceny by Trick

Answer 27

Occurs when the defendant obtains **possesion or control** (NOT TITLE) of the victim's property by misrepresentation. Same as false pretences but no title.

Question 28

Difference between larceny by trick and false pretences

Answer 28

False Pretences = TITLE Larceny by Trick = Possesion or Custody

Question 29

Robbery

Answer 29

1. A **taking and carrying away**; 2. Of the **personal property of another**; 3. From the other's **person or presence**; 4. By **Threat of force or by force**; 5. With the intent to **permanently deprive**.

Question 30

Reciept of Stolen Property

Answer 30

1. Receiving **possesion and control;** 2. Of **Stolen personal property** 3. **Known** to have been obtained in an unlawful manner 4. By **another person** 5. With the **intent to permanently deprive** the owner of the property.

Question 31

Burglary

Answer 31

1) A **Breaking**; 2) And **entry**; 3) Of the **dwelling of another**; 4) At **nighttime**; 5) With the **intent to commit a felony within the structure.**

Question 32

Arson

Answer 33

1) The **malicious**; 2) **Burning**; (i) must damage the structure 3) Of the **dwelling of another**

Question 34

Attempt (inchoate crimes)

Answer 34

An **attempt** requires: (1) The **specific intent** to perpetrate a crime; (2) An **overt act beyond mere preparation** that falls short of completing the crime; **Merger:** Attempt **merges** with the underlying crime, meaning a person cannot be convicted of attempt and the underlying crime.

Question 35

Solicitation

Answer 35

1. **Requesting** another to commit a crime. 2. With the **intent that the person solicited commit the crime** In most jurisdictions merges with the substantive offense.

Question 36

Conspiracy

Answer 36

1. An **agreement** between **2 or more persons**; 2. To **accomplish** a criminal objective; 3. With the **Intent to enter into the agreement**; AND 4. With the **Intent to commit the criminal objective** Majority of states require an **overt act in furterance of the criminal objective.**

Question 37

Co-Conspirator Liability

Answer 37

A conspirator may be held liable for crimes committed by their co-conspirators if the crimes were: 1) Committed in **furtherance** of the criminal objective; AND 2) **Foreseeable**.

Question 38

Termination of a Conspiracy

Answer 38

A conspiracy **terminates** upon completion of the criminal objective. All acts or statements made after termination are **inadmissible** against a co-conspirator.

Question 39

Withdrawal from Conspiracy

Answer 39

Withdrawal may be a defense to crimes committed in furtherance of the conspiracy, HOWEVER withdrawal is NOT a defense to the conspiracy itself UNLESS: 1) The conspirator performs an **affirmative act** that notifies all members of the conspiracy of their withdrawal; 2) Gives notice in time for members to abandon thier plan; AND 3) Attempts to neutralize their assitance if they provided any

Question 40

Principal, Accomplice, and Accessory After the Fact Liability

Answer 40

There are three potential parties to a crime: **Principal:**The person who commits the criminal act; **Accomplice:**The person who aids or encourages the principal to commit the illegal conduct. **Accessory After the Fact:** An accessory after the fact is a person who aids another to escape knowing they have committed a felony. AATF is only liable for the less serious offense of accessory after the fact (no accomplice liability). An **accomplice** is liable for all crimes the principal committed AND all other crimes that were a probable or foreseeable result, if the accomplice: (1) Aids, abets, or facilitates the commission of a crime committed by the principal (2) With the intent that the crime be committed

Question 41

Accomplice withdrawal

Answer 41

Withdrawal is a valid defense to accomplice liability if the accomplice withdraws his involvement BEFORE the crime becomes unstoppable. Repudiation is sufficient withdrawal for mere encouragement, if the accomplice's involvement went beyond mere encouragement, the accomplice must **attempt to neutralize his assistance** for the withdrawal to be sufficient.

Question 42

Insanity

Answer 42

A defendant may be entitled to an acquittal if, at the time of the crime, the defendant was **legally insane.** There are four formulations of the insanity test.

Question 42

Fitness to stand trial

Answer 42

A criminal defendant must be **competent to stand trial**. Defendant must have: (1) sufficient present ability to consult with their lawyer with a **reasonable **degree of rational understanding; AND (2) A **rational** as well as **factual** understanding of the proceedings against him.

Question 42

*Durham* Test

Answer 42

But for the defendant's mental illness, the unlawful act would not have been committed.

Question 42

MPC Insanity

Answer 42

Because of a mental illness, the defendant did NOT have substantial capacity: (1) to appreciate the wrongfulness of the unlawful act; OR (2) To conform his conduct to the requirements of the law

Question 42

M'Naghten Rule

Answer 42

Because of a mentall illness or defect, the defendant did not know: (1) The **nature and quality** of the unawful act; OR (2) the **wrongfulness** of the unlawful act

Question 42

Irrestible Impulse Test

Answer 42

Under this test, the defendant lacked the capacity: (1) For **self-control and free choice**; OR (2) To **conform his conduct under the requirements of the law**

Question 43

Self-Defense

Answer 43

**Nondeadly force:** A person may **without fault** use nondeadly force in self-defense if they: (1) Are confronted with **unlawful force**; AND (2) Reasonably believe that it is necessary to protect them from the imminent use of **unlawful force on herself** **Deadly Force:**A person, **without fault** may use deadly force in self defense if they are: (1) Confronted with **unlawful force; AND** (2) Reasonably believe that they are threatened with **imminent death or great bodily harm**

Question 43

Duty to Retreat

Answer 43

In a minority of jurisdictions, a person MUST retreat before using deadly force if the victim can safely do so, unless: (1) The attack occurs in the victim's own home; (2) The attack occurs while the victim is making a lawful arrest; OR (3) The assailant is in the process of robbing the victim

Question 44

Intoxication Defense

Answer 44

**Voluntary Intoxication:** A valid defense to **specific intent crimes ONLY** if the voluntary intoxication **prevents** the general **formation** of the required **intent**. **Involuntary Intoxication:** A valid defense to ALL crimes if the intoxication serves to negate an element of the crime.

Question 45

Imperfect Self-Defense

Answer 45

Can reduce a murder charge to voluntary manslaughter if the defendant kills another based on an **honest but unreasonable** belief the use of deadly force was necesssary to prevent death or serious bodily harm.

Question 46

Duress

Answer 46

The defense of duress is available to the defendant if the defendant **reasonably believed** that another person would **imminently inflict great death or bodily harm** upon him or a family member if he did not commit the crime.

Question 47

Mistake or Ignorance of Fact

Answer 47

Mistake of fact is a defense that shows the **defendant lacked the state of mind** required for the crime. If a specific-intent crime = Mistake does not need to have been reasonable General intent crime/malice crime = mistake had to have been reasonable Strict liability = irrelevant