Criminal Law

Question 1

Crimes - Assault?

Answer 1

1. Attempt to commit battery; or
2. intent to place another in fear of imminent harm

Aggravated if deadly weapon used.

Question 2

Crimes - Battery?

Answer 2

1. Intentional or reckless conduct
2. Causing
3. Bodily Injury or offensive touching

Aggravated if deadly weapon used.

Question 3

Mayhem?

Answer 3

• Permanent dismemberment or disablement of body
• Modernly trated as aggravated battery

Question 4

Kidnapping?

Answer 4

1. Unlawful confinement; and
2. Move or conceal in secret place.

Aggravated if ransom, to commit another crime, child.

Question 5

Rape?

Answer 5

1. Unlawful sexual intercourse with female (neutral in modern)
2. Not spouse (eliminated in modern)
3. Without consent

Question 6

Murder?

Answer 6

1. Unlawful killing
2. With malice

Four ways to show malice:
* Intent to kill (presumed if deadly weapon)
* Intent to commit grievous bodily harm
* Reckless indifference
* Felony murder rule

Question 7

Felon Murder Rule?

Answer 7

1. Death is natural consequence; and
2. During commission of felony
   * Underlying felony must be independent of killing
   * D must be actual and proximate cause of death

Question 8

First Degree Murder?

Answer 8

1. Premeditated and deliberate; OR
2. Felony Murder Rule for dangerous felonies (burglary, arson, rape, robbery, kidnapping)

Question 9

Second Degree Murder?

Answer 9

All killings that are not 1st Degree or Manslaughter.

Question 10

Voluntary Manslaughter?

Answer 10

1. Heat of Passion; or
2. Imperfect Self Defense

Heat of Passion:
* Reasonable provocation
* D was in fact provoked
* No cool off
* D did not cool off; OR

Question 11

Involuntary Manslaughter?

Answer 11

1. Gross negligence (disgregards substantial danger of serious harm/death); or
2. Midemeanor manslughter (commits misdemeanor or lesser felony and death occurs)

Question 12

Larceny?

Answer 12

1. Trespassory taking and carrying away
2. Of personal property
3. Of another
4. With intent to permenantly deprive (steal)

Question 13

Embezzlement?

Answer 13

1. Fraudulent conversion
2. Of personal property
3. Of another
4. By one in lawful possession of said personal property

Question 14

False Pretenses?

Answer 14

1. D knowlingly makes
2. False representation
3. Past or present material fact
4. Causing another
5. To convey title

Question 15

Robbery?

Answer 15

1. Taking and carrying away
2. Of personal property
3. Of another
4. From her person or in her presence
5. Through force or fear
6. With intent to permenantly deprive

Question 16

Extortion?

Answer 16

1. Threat of future harm
2. To deprive owner of property

Question 17

Theft?

Answer 17

1. Illegal taking
2. Of another’s property

Question 18

Burglary?

Answer 18

1. Breaking and entering
2. Of dwelling house
3. Night
4. Intent to commit felony

Modern: any structure or time of day.

Question 19

Receipt of Stolen Property?

Answer 19

1. Knowingly
2. Receive, conceal, or dispose of
3. Stolen property
4. Intent to deprive owner

Question 20

Arson?

Answer 20

1. Malicious burning
2. Dwelling house
3. Of another

Modern: most structures and explosives

Question 21

Solicitation?

Answer 21

1. Request or encourage
2. Another to commit a crime
3. Intent that she does so

Merges into actual crime. Cannot charge in addition to crime itself.

Question 22

Conspiracy?

Answer 22

1. Agreement
2. Two or more people
3. Intent to commit unlawful act
4. Overt act required (majority)

• Co-conspirator liable if forseeable AND in furtherance of objective
• Does NOT merge with actual crime
• Can withdraw from future crime liability but not conspiracy liability

Question 23

Attempt Crime?

Answer 23

1. Intent to commit crime
2. Affirmative act (beyond mere preparation)

Merges with actual crime. Cannot charge both.

Question 24

Accomplice Liablity?

Answer 24

Principal commits crime. Accomplice:
1. Aids, abets, encourages
2. Carrying out of crime
3. Does not commit actual crime
4. Liable for future crimes if foreseeable.

Question 25

Accomplice Withdrawal?

Answer 25

May withdraw before crime committed, but if aid already given, must render aid ineffective.

Question 26

Accomplice Before And/Or After the Fact?

Answer 26

Before the Fact: aids, abets, encourages but not present for crime. After the Fact: helps principal avoid apprehension after crime

Question 27

Self-Defense?

Answer 27

Reasonable force; deadly only with reasonable belief such force needed; if belief unreasonable, imperfect self defense = voluntary manslaughter

Question 28

Defense of Others?

Answer 28

1. Reasonable belief other woud be justified 2. Reasonable force Minority Rule: "stand in shoes" requires the other to actual be justified (not your reasonable belief)

Question 29

Defense of Property?

Answer 29

* Reasonable force * NEVER deadly

Question 30

Four Insantity Tests:

Answer 30

1. M'Naghten: D has mental disease that causes D to not understand or not know wrong 2. Irrestible Impulse: D has mental disease that causes D to be unable to control conduct 3. Durham: Conduct product of mental illness (but-for test) 4. Model Penal Code: D lacks capacity to appreciate criminality or conform behavior

Question 31

Intoxication as defense?

Answer 31

* If voluntary, negates specific intent. * If involuntary, possible defense to all crimes.

Question 32

Necessity as Defense?

Answer 32

1. Reasonable belief 2. Necessary to avoid 3. Imminent and greater injury to society

Question 33

Mistake of Fact Defense?

Answer 33

* Negates specific intent * Negates general intent if mistake reasonable

Question 34

Mistake of Law Defense?

Answer 34

No defense

Question 35

Factual Impossibility Defense?

Answer 35

D makes mistake about an issue of fact = No defense (i.e., intends to shoot someone but gun isn't loaded; still attempt)

Question 36

Legal Impossibility Defense?

Answer 36

D thinks act is criminal but is not = Valid defense

Question 37

Entrapment?

Answer 37

1. Law enforcement 2. Induces D to commit crime 3. D was not predisposed to commit crime