Criminal Law

Question 1

What are the required components of a crime?

Answer 1

Act (actus reus), State of mind (mens rea), Causation

Question 2

Define act (actus reus).

Answer 2

Voluntary act or failure to act when duty exists

Question 3

What is state of mind (mens rea)?

Answer 3

The mental state or intent of the individual committing the crime

Question 4

What is specific intent in criminal law?

Answer 4

Intent to commit a particular crime, such as first-degree murder, inchoate crimes, assault, or theft

Question 5

What distinguishes general intent from specific intent?

Answer 5

General intent is the intent to perform the unlawful act without specific intent to cause a particular result

Question 6

What does malice refer to in criminal law?

Answer 6

Reckless disregard of a high probability of harm, applicable to murder and arson

Question 7

What is strict liability in criminal law?

Answer 7

Liability that does not require any particular state of mind; the act alone suffices

Question 8

Explain transferred intent.

Answer 8

Intent to harm an intended victim can transfer to an unintended victim

Question 9

What must causation establish in a criminal case?

Answer 9

The defendant’s act must cause the unlawful result

Question 10

Who is considered a principal in a crime?

Answer 10

The perpetrator who commits the required act or omission

Question 11

Define accomplice liability.

Answer 11

Liability for acts aiding the principal before or during the commission of a crime

Question 12

What is the rule regarding accessory after the fact?

Answer 12

Acts with intent to assist the principal to avoid apprehension after a felony is complete

Question 13

What is the definition of inchoate crimes?

Answer 13

Crimes that are ‘not fully formed’ or completed

Question 14

What is the merger rule in criminal law?

Answer 14

Solicitation or attempt merge into the target crime if it is completed

Question 15

What constitutes solicitation?

Answer 15

To invite or urge another to commit a crime with intent that the party do so

Question 16

What is required for an attempt charge?

Answer 16

Specific intent to commit a crime plus a substantial step beyond mere preparation

Question 17

Define conspiracy in criminal law.

Answer 17

Agreement between two or more persons to commit an unlawful purpose with an overt act in furtherance

Question 18

What is homicide?

Answer 18

The killing of a living human being by another

Question 19

What distinguishes first-degree murder?

Answer 19

Specific intent, deliberate and premeditated murder, or felony murder rule (FMR)

Question 20

What is the Felony Murder Rule (FMR)?

Answer 20

Unintended but foreseeable death caused during the commission of a dangerous or enumerated felony

Question 21

List the dangerous felonies under the FMR.

Answer 21

• Burglary
• Arson
• Rape
• Robbery
• Kidnapping

Question 22

What is voluntary manslaughter?

Answer 22

Intentional killing in response to adequate provocation

Question 23

What constitutes involuntary manslaughter?

Answer 23

Unintentional killing caused by criminal negligence or during an unlawful act

Question 24

Define battery.

Answer 24

Unlawful application of force to another that causes harmful or offensive touching

Question 25

What is assault?

Answer 25

Attempted battery or intentionally placing someone in apprehension of imminent bodily harm

Question 26

What is false imprisonment?

Answer 26

Unlawful confinement of another without consent by force or threat

Question 27

What is larceny?

Answer 27

Trespassory taking and carrying away of personal property of another with intent to permanently deprive

Question 28

Define robbery.

Answer 28

Larceny from another’s person or presence by force or intimidation

Question 29

What is burglary?

Answer 29

Breaking and entering the dwelling of another at night with intent to commit a felony

Question 30

What is embezzlement?

Answer 30

Fraudulent conversion of the property of another by one who has lawful possession

Question 31

What is a defense of mistake of fact?

Answer 31

Honest and reasonable mistake negates specific intent, general intent, or malice crime

Question 32

What are the four tests for insanity?

Answer 32

* M’Naghten * Irresistible impulse * Durham * MPC

Question 33

What is the self-defense doctrine?

Answer 33

A victim can use reasonable force to prevent imminent unlawful harm

Question 34

What is duress in criminal law?

Answer 34

Threat of death or serious bodily injury forced the defendant to commit a crime

Question 35

What is entrapment?

Answer 35

A defense where the defendant would not have committed the crime but for the trickery of law enforcement