Criminal Law

Question 1

What is the traditional definition of “Knowingly”?

Answer 1

To have actual knowledge or should have known.

Question 2

What is the definition of Mens Rea?

Answer 2

Criminal State of mind that is required to be blamable.

Question 3

What is Willful Blindness?

Answer 3

Deliberate ignorance.

Question 4

What is Stare Decisis?

Answer 4

To abide of adhere to cases.

Question 5

What is Omission?

Answer 5

Person held criminally liable for doing nothing/failure to act. Failure to file tax by April 5th or failure to report a crime.

Question 6

What is Ex Post Facto?

Answer 6

Latin - From what is done afterwards. The law cannot be applied to to a crime that happened before the legislature was passed.

Question 7

Major sources of criminal law?

Answer 7

Common law, statutes, and Model Penal Code.

Question 8

Definition of crime?

Answer 8

An act that the law makes criminally punishable.

Question 9

In criminal law, is mistake of law a defense?

Answer 9

It is never a defense.

Question 10

What are the two parts of a crime?

Answer 10

Physical Act - Actus Reus
Mental State - Mens Reus

Question 11

What happens under the Model Penal Code if there is no mental state contained in the charge?

Answer 11

If no mental state is contained, it will still be determined by the courts that anyone of the following will suffice: Purposely, Knowingly, or Recklessly.

Question 12

What is the requirement of a voluntary act in a crime?

Answer 12

Defendant must engage in a voluntary act, some willed bodily movement over which he has some control to be criminally liable.

Question 13

When does the law impose a legal duty to help in a situation?

Answer 13

Close relationship - husband-wife, parent-child.
Contract that requires some assistance.
Non-criminal statute requires action to be taken - if the actor start to give aid, is under legal duty to reasonably complete the task.

Question 14

What is the Common Law definition of murder?

Answer 14

Unlawful killing of a human being with malice aforethought.

Question 15

At Common Law, how can malice aforethought be established?

Answer 15

Intent to kill
Intent to cause serious bodily harm
Depraved or wicked heart killing
Murder - felony murder situation

Question 16

What is Manslaughter?

Answer 16

Unlawful killing of a human being without malice aforethought.

Question 17

What makes up Manslaughter?

Answer 17

Provocation heat of passion situation - adultery.
Physical assault by another - and in a rage while being assaulted, taking a life.
Reckless killing of a human being.

Question 18

Who determines whether a crime will be reduced to from Murder to Manslaughter?

Answer 18

The Jury (Trier of Facts)

Question 19

What types of crime does second degree murder cover?

Answer 19

All common law by murder in the first degree. Intent to cause bodily harm/depraved heart.

Question 20

First degree murder can be establish by one of two ways?

Answer 20

Premeditated and deliberate killing of a human being
A killing that took place during the commission of a dangerous felony.

Question 21

Who must prove the element of an alleged crime?

Answer 21

State must provide each element of the crime alleged - failing to do so is a violation of due process clause of constitution.

Question 22

What is the common law felony murder rule?

Answer 22

The common law murder rule provides that if a person kills another in doing or attempting to a felony, the killing is murder.

Question 23

Why is felony murder similar to Strict Liability Crimes?

Answer 23

Felony murder is akin to strict liability crimes in that no mental element or Mens Rea must be proven.

Question 24

What is the notion of transferred intent?

Answer 24

Transferred intent is a deliberate act of violence against a person, which results in an unintended person being the recipient of a violent act.

Question 25

What is the concept of vicarious liability?

Answer 25

The concept of vicarious liability is used to hold all co-conspirators liable for the substantive crimes committed by any one of the conspirators in the course of executing the unlawful event.

Question 26

What is the Inherently-Dangerous-Felon Limitation in FMR?

Answer 26

Many states limit the rule to homicide that occurs during the commission of felonies which by their nature are dangerous to human life, e.g., armed robbery.

Question 27

What is the Res Gestae Requirement in FMR?

Answer 27

A requirement of the felony-murder rule is that the homicide must occur "within the Res Gestae [things done to commit] of a felony, "which requires both: Time, space, causal link.

Question 28

What is the Proximate causation theory of FDR?

Answer 28

The "Proximate causation" theory of felony-murder under which a felon is liable for any death proximately resulting from the from the felony, whether the killer is a felon or third party.

Question 29

What is the Agency Approach in FMR?

Answer 29

Majority approach which preludes any killing committed by during the commission of the felon by a person other that the defendant or his accomplices from serving as the basis for the felony-murder.

Question 30

What is Accomplice Liability in felony-murder?

Answer 30

All of the people involved will be guilty of felony-murder even if only one of the people involved in the predicate felony actually participated in the killing.

Question 31

What are some dangerous crimes that Felony-Murder applies to?

Answer 31

The felonies that are usually considered dangerous enough so that the felony murder will attach are the BRAKES felonies. [Google BRAKES felonies]

Question 32

What are 4 reasons for the felony murder rule?

Answer 32

1. Deterrence 2.Protection of Life 3. Punishment 4. Prosecution

Question 33

3 elements of premeditation?

Answer 33

1. Planning [occuring prior to the killing 2. Evidence of a motive 3. A manner of killing so particular and exact that the defendant must have intentionally killed according to a preconceived design.