Criminal Law

Question 1

What are the essential elements of a crime?

Answer 1

Four core elements:
* Physical Act (actus reus)
* Mental State (mens rea)
* Causation
* Concurrence

Question 2

What does ‘actus reus’ refer to?

Answer 2

The physical act or failure to act that constitutes a crime.

Question 3

What must be proven for a failure to act to result in liability?

Answer 3

Three conditions:
* Legal duty to act
* Knowledge of the facts
* Reasonably possible to perform the duty

Question 4

Define ‘mens rea’.

Answer 4

The mental state or culpable state of mind of the defendant while committing the offense.

Question 5

What is the significance of causation in criminal law?

Answer 5

There must be a causal connection between the defendant’s act and the harmful result.

Question 6

What does concurrence mean in the context of a crime?

Answer 6

The mental state must be present at the same time the physical act occurs.

Question 7

List the four different mental states required under common law.

Answer 7

• Specific Intent
• Malice
• General Intent
• Strict Liability

Question 8

What is required for a crime to be classified as ‘specific intent’?

Answer 8

The crime must be committed with a specific intent or objective.

Question 9

Name three specific intent crimes.

Answer 9

• Solicitation
• Attempt
• Conspiracy

Question 10

What constitutes ‘malice’ in criminal law?

Answer 10

Reckless disregard of an obvious or high risk that a harmful result will occur.

Question 11

What is ‘general intent’?

Answer 11

Intending to commit an act that is prohibited by law, regardless of the intent concerning the act’s result.

Question 12

Define ‘strict liability’.

Answer 12

Only requires the defendant to have performed the actus reus, regardless of intent.

Question 13

What is ‘voluntary manslaughter’?

Answer 13

A killing that would be murder but for the existence of adequate provocation.

Question 14

What qualifies as ‘adequate provocation’?

Answer 14

Provocation that would arouse sudden and intense passion in an ordinary person.

Question 15

Describe ‘involuntary manslaughter’.

Answer 15

An unintentional killing committed with criminal negligence or during an unlawful act.

Question 16

What defines first-degree murder?

Answer 16

Murder that is deliberate and premeditated, or falls under felony murder statutes.

Question 17

What is the ‘felony murder rule’?

Answer 17

Any death caused during the commission of a felony is murder.

Question 18

What is required for a defendant to be liable for homicide?

Answer 18

The conduct must be both the cause-in-fact and the proximate cause of the victim’s death.

Question 19

What does ‘cause-in-fact’ mean?

Answer 19

The death would not have occurred but for the defendant’s conduct.

Question 20

What is ‘proximate cause’?

Answer 20

The death is a natural and probable consequence of the defendant’s conduct.

Question 21

Define ‘battery’.

Answer 21

The unlawful application of force resulting in bodily harm or offensive contact.

Question 22

What is ‘assault’?

Answer 22

An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.

Question 23

What constitutes ‘false imprisonment’?

Answer 23

The unlawful confinement of a person without valid consent.

Question 24

Define ‘kidnapping’.

Answer 24

Unlawful confinement involving some movement of the victim or hiding the victim.

Question 25

What are the elements of common law rape?

Answer 25

* Unlawful sexual intercourse * With a female * Against her will by force or threat of force

Question 26

What is 'statutory rape'?

Answer 26

Sexual intercourse with a person under age, where reasonable mistake of fact as to age is not a defense.

Question 27

List the elements of larceny.

Answer 27

* Taking (obtaining possession) * Carrying away * Personal property of another * By trespass * With intent to permanently deprive

Question 28

What is 'embezzlement'?

Answer 28

The fraudulent conversion of personal property by a person in lawful possession of that property.

Question 29

Define 'false pretenses'.

Answer 29

Obtaining title to personal property of another by intentional false representation.

Question 30

What constitutes false pretenses?

Answer 30

Obtaining title to the personal property of another by an intentional false representation. ## Footnote The victim must rely on the false representation, and that reliance must cause the victim to pass title to the defendant.

Question 31

What is the difference between false pretenses and larceny by trick?

Answer 31

False pretenses involves obtaining title, while larceny by trick involves obtaining possession or custody without title. ## Footnote Both operate similarly in terms of misrepresentation.

Question 32

What are the elements of robbery?

Answer 32

A taking and carrying away of personal property of another from the other’s person or presence by force or threat of force, with intent to permanently deprive. ## Footnote The property must be on the victim’s person or within the victim’s reach.

Question 33

What does receipt of stolen property require?

Answer 33

Receiving possession and control of stolen property known to have been obtained unlawfully, with intent to permanently deprive the owner. ## Footnote The property must be stolen at the time the defendant receives it.

Question 34

Define common law burglary.

Answer 34

A breaking and entry of the dwelling of another at nighttime with intent to commit a felony. ## Footnote A dwelling is a structure regularly used for sleeping purposes.

Question 35

What constitutes arson under common law?

Answer 35

The malicious burning of the dwelling of another. ## Footnote The fire must cause damage to the structure.

Question 36

What are the requirements for an attempt?

Answer 36

Specific intent to perpetrate a crime and an overt act beyond mere preparation. ## Footnote Most states require the overt act to be a substantial step toward completion.

Question 37

True or False: Withdrawal from an attempt is a valid defense under common law.

Answer 37

False. ## Footnote Under common law, abandonment is not a defense if the intent and overt act have occurred.

Question 38

What is solicitation?

Answer 38

Requesting another to commit a crime with the intent that the person solicited commit the crime. ## Footnote The crime is completed upon the request.

Question 39

What are the elements of a conspiracy under common law?

Answer 39

An agreement between two or more persons to accomplish a criminal objective with intent to enter into the agreement and commit the objective. ## Footnote Most states require an overt act in furtherance of the conspiracy.

Question 40

Define accomplice liability.

Answer 40

Liability for a person who aids or encourages the principal to commit illegal conduct. ## Footnote An accomplice is liable for all crimes committed by the principal and foreseeable results.

Question 41

What is required for a defendant to be competent to stand trial?

Answer 41

Sufficient present ability to consult with a lawyer and a rational understanding of the proceedings. ## Footnote This is assessed under the Dusky test.

Question 42

What are the four tests for legal insanity?

Answer 42

M’Naghten Rule, Irresistible Impulse Test, Model Penal Code Test, Durham Test. ## Footnote Each test assesses the defendant's mental state at the time of the crime.

Question 43

Fill in the blank: Voluntary intoxication is a valid defense to _______ crimes.

Answer 43

specific intent crimes. ## Footnote It does not apply to general intent, malice, or strict liability crimes.

Question 44

What constitutes self-defense with deadly force?

Answer 44

A person may use deadly force if confronted with unlawful force and reasonably believes they are threatened with imminent death or great bodily harm. ## Footnote There are exceptions regarding the duty to retreat.

Question 45

What is the defense of duress?

Answer 45

Available if the defendant reasonably believed that another would imminently inflict death or great bodily harm if the crime was not committed. ## Footnote Under the Model Penal Code, threats to property may suffice if the value outweighs the societal harm.

Question 46

What is mistake of fact?

Answer 46

A defense showing the defendant lacked the required state of mind for the crime. ## Footnote Reasonableness of the mistake depends on whether the crime is specific intent or general intent.