Criminal Law

Question 1

elements of every crime

Answer 1

act mental state and causation

Question 2

omission is adequate for act when

Answer 2

(i) Statutory duty
(ii) Contractual
(iii) Special relationship
(iv) Assuming duty of care that is cast aside
(v) Causing danger and fail to mitigate

Question 3

specific intent crimes

Answer 3

FIAT
first degree murder, inchoate crimes (CATS – conspiracy, attempt, solicitation), assault with attempt to commit a battery, and theft offenses (larceny, embezzlement, burglary, robbery)

Mistake of fact is defense even if unreasonable mistake

Question 4

inchoate crimes

Answer 4

CATS – conspiracy, attempt, solicitation

Question 5

Malice crimes

Answer 5

common law murder & arson
reckless disregard of a high degree of harm

Question 6

general intent

Answer 6

intent to perform act and its an unlawful act

• Mistake of fact defense only if mistake is reasonable and goes to criminal intent

Question 7

MPC purposeful

Answer 7

objective is to cause the result

Question 8

MPC knowledge

Answer 8

aware the conduct is likely to cause the result

Question 9

recklessness MPC

Answer 9

consciously disregard substantial and unjustifiable risk
default rule

Question 10

MPC negligence

Answer 10

fails to perceive the risk

Question 11

Meger applies when

Answer 11

lesser included offense
OR
inchoate crime and completed offense
–NOT conspiracy though (does not merge)

Question 12

children liability

Answer 12

CL never under 7,
rebutted 7-14, and
14 may be charged as adult

Question 13

Accomplices

Answer 13

held liable for principal crime if aide, advise, encourage

a)Either before or during commission of crime, with intent to assist principal to commit crime
b)Liable for planned crime and any other foreseeable crime that occurs

c)Exception: person protected by statute cannot be accomplice in violating such statute (rape)

Question 14

accessories after the fact

Answer 14

assist, harbor, comfort principal after crime

Separately liable for a lessor crime than principal

Question 15

aiders & abettors & conspiracy

Answer 15

maybe guilty of conspiracy if agreement to commit crime and overt act was taken in furtherance of that agreement

Question 16

MPC mental state of accomplices

Answer 16

accomplice must act with purpose of promoting or facilitating crime and intend acts will assist or encourage criminal conduct

Question 17

Minority rule for accomplices

Answer 17

liable if intentionally or knowingly aids or causes another person to commit an offense

Question 18

Criminal facilitation

Answer 18

person not guilty of crime may be guilty of lessor crime of facilitation by assisting

Question 19

conspiracy elements

Answer 19

1) agreement; (2) 2 or more people; (3) intent to commit an unlawful act; AND (4) overt act in furtherance (modern statute add)
a) MPC drops 2 people req
b) More than just knowing crime will occur and mere prep

Question 20

attempt elements

Answer 20

(1) specific intent to commit particular criminal act and (2) makes substantial step toward crime

intend the crime

Question 21

Common law murder

Answer 21

a) Defined: unlawful killing of another human being committed with malice aforethought
b) Types of malice
(i) Intent to kill: need not be premediated, but form desire to kill
(ii) Intent to inflict serious bodily harm: intend to hurt victim badly and victim dies
(iii) Abandoned & malignant heart or depraved heart: disregard for human life and death
(iv) Felony murder: death occurred during commission of dangerous felony

Question 22

Felony murder crimes

Answer 22

• BARRK: burglary, arson, robbery, rape, and kidnapping

Question 23

first degree murder

Answer 23

a) (1) deliberate and (2) premediated; inherently dangerous felony

Question 24

voluntary manslaughter

Answer 24

acted in heat of passion or under extreme emotional disturbance
(i) No cool off period

Question 25

involuntary manslaughter

Answer 25

negligent killing or killing of someone in crime other than those in FM (misdemeanor)

Question 26

Larceny

Answer 26

a) (1) taking; (2) another person’s property; (3) without his consent/trespassory and (4) with intent to permanently deprive (i) Larceny by trick means gain consent by fraud

Question 27

Embezzlement

Answer 27

a) Fraudulent conversion of another person property by person in lawful possession of property

Question 28

False pretenses

Answer 28

a) Obtain title though an act of deception – intentional false statement with intent to defraud b) All above are treated as same under MPC crime “theft”

Question 29

Robbery

Answer 29

a) Larceny + assault b) (1) taking; (2) another person’s property; (3) without his consent/trespassory; (4) with intent to permanently deprive; (5) taking occurs from victim’s person or in his presence; and (6) either by violence OR put victim in reasonable fear of imminent physical harm c) Extortion: obtaining property through threat of future harm or blackmail

Question 30

Burglary

Answer 30

a) Common law: (1) breaking and (2) entering; (3) the dwelling; (4) of another; (5) at night; (6) with intent to commit a felony once inside (larceny ex) b) Modern: (1) breaking and (2) entering; (3) the property; (4) of another; (5) with intent to commit a felony once inside (larceny ex)

Question 31

Battery

Answer 31

(1) unlawful (2) application of force (3) to another person (4) that cause bodily harm OR an offensive touching

Question 32

Assault

Answer 32

(1) attempt to commit battery or (2) fear of harm: intentionally placing another in fear of imminent harm

Question 33

Rape

Answer 33

1) unlawful; (2) sexual intercourse (3) with a female; (4) against her will by force or threat 1) MPC: gender neutral and lack of consent req

Question 34

kidnapping

Answer 34

(1) unlawful; (2) confinement of another person; (3) against that persons will; (4) either by moving or hiding the victim

Question 35

Arson

Answer 35

(1) malicious (2) burning (3) of another person’s (4) dwelling 1) Act in way that will cause burning or likely to cause burning 2) CL: damage req to the structure. Modern: no damage to structure and explosion included

Question 36

Perjury

Answer 36

willful act of falsely promising to tell the truth about material matters

Question 37

Bribery

Answer 37

corrupt payment of something of value for purposes of influencing. N official in discharge of his official duties 1) Modern: bribery even if not a public official

Question 38

Insanity - M'Naughten

Answer 38

(1) did not know nature of act or (2) not know act was wrong bc mental defect Mental disease or defect

Question 39

Insanity - irresistible impulse

Answer 39

mental defect that precent D controlling himself

Question 40

Durham insanity

Answer 40

would not have committed crime but for mental disease or defect

Question 41

MPC insanity

Answer 41

did not have substantial capacity to appreciate wrongfulness of action or conform his conduct to the law (i) ALL require D has a mental disease or defect (ii) D has burden of proof

Question 42

nondeadly force self defense

Answer 42

victim is entitled to use non deadly force any time he reasonably fears imminent unlawful harm

Question 43

deadly force self defense

Answer 43

only if reasonably believes deadly force will be used against him (MPC adds serious bodily injury) (i) Retreat not required (ii) Minority: retreat required unless in home

Question 44

Duress

Answer 44

D claims he committed crime only because (1) threatened by third party and (2) reasonably believes only way to avoid death to self or others was to commit crime a) Not apply to intentional murder b) Not threat to injure property