Criminal Law

Question 1

What mental state is required for the crime of larceny?

Answer 1

Larceny requires specific intent to permanently deprive the owner of their property.

Question 2

Can a defendant be guilty of larceny if they believed the property was their own?

Answer 2

No. If the defendant honestly believed the property was theirs, there is no intent to permanently deprive, so no larceny.

Question 3

Does the defendant’s belief that the property was theirs have to be reasonable to be a defense to larceny?

Answer 3

No. The belief can be unreasonable and still be a valid defense, as long as it was genuinely held.

Question 4

Does voluntary intoxication affect the defense of mistaken belief in larceny cases?

Answer 4

No. The defense applies regardless of whether the mistake was due to intoxication.

Question 5

What is the automobile search exception?

Answer 5

Police may search a vehicle without a warrant if they have probable cause to believe the vehicle contains contraband or evidence of a crime.

Question 6

Does providing a handwriting sample trigger Fifth Amendment protection against self-incrimination?

Answer 6

No. The Fifth Amendment protects only compelled testimonial communication, not physical evidence like handwriting.

Question 7

Does the Sixth Amendment right to counsel apply to giving a handwriting sample?

Answer 7

No. A handwriting sample is not a critical stage of prosecution and does not require Sixth Amendment protection.

Question 8

What is involuntary manslaughter at common law?

Answer 8

a death caused by criminal negligence. A person acts negligently when he fails to be aware of a substantial and unjustifiable risk and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances

Question 9

What are the elements of criminal Larceny?

Answer 9

1. The taking or carrying away
2. The property of another
3. By trespass
4. With the intent to permanently deprive the owner of the property

Question 10

What are the elements of criminal embezzlement?

Answer 10

1. Fraudulent conversion
2. Of property
3. By a party in rightful possession

Question 11

What are the elements of criminal robbery?

Answer 11

1. Larceny +
2. Force or immediate threat of force

Question 12

What are the elements of extortion?

Answer 12

1. Larceny +
2. threat of future harm

Question 13

What are the elements of criminal false pretenses?

Answer 13

1. Use of fraud
2. To obtain the property of another
3. With intent to defraud the other
4. into giving thief title of the property

Question 14

What are the elements of criminal larceny by trick?

Answer 14

1. Use of fraud
2. To obtain the property of another
3. With intent to defraud the other
4. into giving thief possession of the property

Question 15

What are the elements of criminal burglary?

Answer 15

1. The breaking and entering
2. Of the dwelling house of another
3. “at night”
4. with the intent to commit a felony therein

Question 16

what is the M’Naghten test for insanity?

Answer 16

A defendant doesn’t know right from wrong OR
doesn’t understand the nature of their actions

Question 17

what is the Irresistible Impulse test for insanity?

Answer 17

A defendant is unable to control their actions of conform their conduct to the law

Question 18

what is the Durham test for insanity?

Answer 18

But for their mental illness, the defendant would not have committed the act

Question 19

What is the MPC test for insanity?

Answer 19

As a result of a mental impairment, the defendant doesn’t know right from wrong, or they are unable to understand their actions, or they are unable to control their actions or conform their conduct to the law

Question 20

Which crimes is voluntary intoxication a defense to?

Answer 20

Specific intent crimes

Question 21

What are the specific intent crimes?

Answer 21

1. Solicitation
2. Conspiracy
3. Attempt
4. First degree murder
5. Assault
6. Larceny
7. Embezzlement
8. False pretenses
9. Robbery
10. Burglary
11. Forgery

Question 22

What is the mnemonic used to remember the specific intent crimes?

Answer 22

Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 23

what are the exceptions to warrant requirement for a search?

Answer 23

1. Search incident to lawful arrest
2. The automobile exception
3. Plain view
4. Consent
5. Stop and Frisk
6. Hot pursuit, fleeting evidence and emergency aid

Question 24

When are two crimes the same for double jeopardy purposes?

Answer 24

Two crimes are considered the same unless each crime requires an additional element that the other does not. (venn diagram has area with no overlap for each crime)

Question 25

what are the elements of conspiracy?

Answer 25

1. An agreement between two or more persons 2. An intent to enter into the agreement 3. An intent by at least two persons to achieve the objective of the agreement

Question 26

What are the enumerated felonies that create a possibility of murder felony?

Answer 26

BARRK: 1. Burglary 2. Arson 3. Rape 4. Robbery 5. Kidnapping

Question 27

What are the elements for criminal aggravated battery?

Answer 27

1. battery with a deadly weapon, or 2. Battery resulting in serious bodily harm, or 3. Battery of a child, woman, or police officer

Question 28

What are the elements of forgery?

Answer 28

1. Making or altering 2. A writing with apparent legal significance 3. So that it is false, that is, representing something that it is not 4. With intent to defraud (no need for someone to actually have been defrauded)

Question 29

What are the elements of arson?

Answer 29

1. The malicious (that is, intentional or with reckless disregard of an obvious risk) 2. Burning (not scorching, but charring) 3. Of the dwelling 4. Of another