Criminal Law

Question 1

Solicitation

Answer 1

Inciting, counseling, advising, urging, etc. another to commit a crime. Specific intent = the solicited person will commit the crime. The person solicited need not respond affirmatively. Merger doctrine = the solicitor cannot be tried for both solicitation and targeted offense.

Question 2

Conspiracy

Answer 2

Agreement to commit a crime. Elements: (1) an agreement between 2 persons; (2) intent to enter the agreement; (3) intent to commit a crime; and (4) an overt act to commit a crime. Doesn’t need to be explicit: joint activity can imply conspiracy.

Question 3

Co-conspirator Liability

Answer 3

A conspirator may be held liable for crimes committed by other conspirators if: (1) the crimes were committed in furtherance of the objectives of the conspiracy, and (2) were foreseeable.

Question 4

Accomplice Liability

Answer 4

Accomplices are anybody who acts with intent to aid, counsel, or encourage the principal before the commission of a crime. The accomplice is responsible for: (1) crimes he committed or counseled, and (2) any other foreseeable crimes.

Question 5

Accessory After the Fact

Answer 5

Anyone who (1) receives, relieves, comforts, or assists another, (2) knowing he has committed a felony, (3) to help the felon escape trial, arrest, or conviction.

Question 6

Burglary

Answer 6

At common law: (1) breaking and entering, (2) the dwelling of another, (3) at nighttime, (4) with the intent to commit a felony.

Modern law: (1) entering, (2) any building, (3) at any time, (4) with the intent to commit a felony.

Question 7

Larceny

Answer 7

A trespassory taking or carrying away of another’s tangible personal property. Intent is to permanently deprive the other of their interest. For a trespassory taking, there must be no consent or induced by fraud.

Question 8

Robbery

Answer 8

The taking of personal property from another’s person or presence, by force or intimidation. The intent is to permanently deprive the owner of their interest.

Question 9

Battery

Answer 9

Intentional, unlawful application of force to another’s person, with the result of bodily injury or offensive touching. General intent crime - only intent to perform the act is necessary.

Question 10

Common-Law Murder

Answer 10

Unlawful killing of another with malice aforethought. Malice aforethought: (1) intent to kill, (2) intent to commit great bodily injury, (3) reckless indifference to unjustifiably high risk to human life, or (4) intent to commit a felony.

Question 11

Felony Murder

Answer 11

The killing of someone during or as a reasonably foreseeable consequence of committing an inherently dangerous felony. BARRK: burglary, arson, rape, robbery, kidnapping.

Question 12

Voluntary Manslaughter

Answer 12

Killing that would be murder but for the existence of adequate provocation. Provocation: (1) sudden and intense passion, (2) in the mind of an ordinary person, (3) to cause him to lose self-control, (4) and inadequate cooling time.

Question 13

Involuntary Manslaughter

Answer 13

Criminally negligent killing of another, or killing by an unlawful act not under the felony murder rule (BARRK).

Question 14

Voluntary Intoxication

Answer 14

Self-induced, intentional, taking of substance known to be intoxicating, without duress. Can serve to negate specific intent.

Question 15

Involuntary Intoxication

Answer 15

The Defendant consumed a substance unknowingly, under duress, or unexpectedly from medication. This is a defense when it renders the defendant incapable of understanding their actions or distinguishing right from wrong. Can negate general intent, specific intent, or malice.

Question 16

M’Naghten Insanity Test

Answer 16

The accused is entitled to acquittal if: (1) a disease of the mind, (2) caused a defect of reason, (3) such that the defendant lacked ability at the time to (i) know the wrongfulness of their actions, or (ii) understand the nature and quality of their actions.

Question 17

Irresistible Impulse

Answer 17

The accused is entitled to acquittal if: (1) they are unable to control their impulse, or (2) they are unable to conform their conduct to the law.

Question 18

Durham Test (NH Only)

Answer 18

If the crime was the product of a mental disease or defect, the accused is entitled to acquittal. New Hampshire law only.

Question 19

Model Penal Code Insanity Test

Answer 19

The accused suffered from a mental disease or defect. As a result, the accused lacked substantial capacity to either: (1) appreciate the criminality of their conduct, or (2) conform their conduct to the rule of law.

Question 20

Diminished Capacity

Answer 20

Mental illness short of insanity can be asserted in specific intent crimes:

(1) to mitigate the accused’s culpability, or

(2) to reduce the charge to a lesser offense.

Question 21

Assault

Answer 21

General intent crime, intent to create a reasonable apprehension of imminent bodily harm.