Criminal Law

Question 1

Common law parties to a crime

Answer 1

principal in the first degree: person committing the act
principal in 2nd degree: person who aided, advised or encouraged principal and present at crime
Accessories before the fact: persons who assisted or encouraged but were not present
Accessories after the fact: persons with knowledge other committed felony assisted in escape

Question 2

MPC parties to the crime

Answer 2

Principal: actually engaged in act or omission that causes criminal result
Accomplice: aids, advises, and encourages principal in commission of crime charged

Question 3

Accomplice mental state

Answer 3

Intent to assist principal commission of crime and intent that principal commit the substantive offense

Question 4

scope of accomplice liability

Answer 4

Accomplice responsible for crimes they did or counseled and any other crimes committed in the course of committing the crime contemplated to same extent as principal - as long as probable and foreseeable

Question 5

Withdrawal for accomplice

Answer 5

Must occur before crime committed:
- person who encouraged crime must repudiate encouragement
- if aided by providing assistance neutralize assistance
- notify police

Question 6

Incohate offense

Answer 6

Incomplete offense; includes:
Conspiracy
Attempt
Solicitation

Question 7

Conspiracy Elements

Answer 7

agreement between 2 or more people
intent to enter into the agreement AND intent by at least 2 persons to achieve the objective of the agreement
Modern law requires and overt act (preparation will suffice)

Question 8

Conspiracy common law bilateral approach

Answer 8

at least 2 guilty minds; persons who are actually committed to illicit plan
If one person is faking an agreement not conspiracy
Also if one a party acquitted of conspiracy other party can’t be found guilty of conspiracy

Question 9

MPC Conspiracy unilateral approach

Answer 9

only one party needs genuine criminal intent
Allows for individual to be convicted by conspiracy with undercover cops

Question 10

Defenses to conspiracy

Answer 10

Factual impossibility Not a defense
withdrawal is not a defense but may be crimes committed in furtherance of conspiracy requires affirmative act and notice to all members of conspiracy

Question 11

Termination of conspiracy

Answer 11

upon completion of wrongful objective

Question 12

solicitation elements

Answer 12

asking, inciting, counseling, advising, urging, or commanding another to commit a crime with the intent that the person solicited commit the crime
Merger crimes: can’t be punished for solicitation and other offense

Question 13

Attempt elements

Answer 13

Act done with intent to commit a crime that falls short of completing the crime
Needs overt act beyond mere preparation

Question 14

Defense to attempt

Answer 14

Abandonment only for MPC if fully voluntary and complete
Lethal impossibility is a defense but rare
Factual impossibility not a defense

Question 15

Common law murder

Answer 15

unlawful killing of another human with malice aforethought

Question 16

Common law murder intent

Answer 16

intent to kill
intent to inflict great bodily injury
reckless indifference to an unjustifiably high risk to human life
intent to commit a felony

Question 17

First degree murder

Answer 17

deliberate and premeditate: killed in cool and dispassionate manner, reflected on idea (even if for short time) and intended/knew conduct would cause death
Felony murder: killing committed during commission of a enumerated felony
Homicide of police officer if defendant knew victim was law enforcement and victim was acting in line of duty

Question 18

Second degree murder

Answer 18

Killing done with reckless indifference (depraved heart) or any murder not first degree

Question 19

Felony murder enumerated felonies

Answer 19

Burglary
Arson
Robbery
Rape
Kidnapping

Question 20

Limitations on felony murder liability

Answer 20

1. Defendant must have committed or attempted to commit underlying felony
2. felony distinct from killing itself
3. Death must have been foreseeable result of the felony
4. Death caused before defendants immediate flight from felony ending
5. Defendant is not liable for felony murder when co-felon is killed from resistence from victim or police

Question 21

Voluntary Manslaughter

Answer 21

murder but for existence of adequate provocation

Question 22

Adequate provocation

Answer 22

1. a provocation that would arouse sudden and intense passion in the mind of ordinary person causing them to lose control
2. Defendant was in fact provoked
3. No sufficient time between provocation and killing to cool off
4. Defendant did not cool off in between

Question 23

Voluntary manslaughter imperfect self-defense

Answer 23

defendant was at fault in starting altercation or defendant unreasonably by honestly believed the necessity of responding with deadly force

Question 24

Involuntary mansalughter

Answer 24

killing committed with criminal negligence (common law) or recklessness under MPC or during commission of an unlawful act (i.e. unenumerated felonies - non barrk)
Need causation - but for and proximate cause

Question 25

Battery

Answer 25

unlawful application of force to person of another resulting in bodily injury or and offensive touching general intent crime aggravated battery (felony) = battery with deadly weapon; battery resulting in serious bodily harm; battery of child, woman, or police

Question 26

Assault

Answer 26

1. Attempt to commit battery or 2. intentional creation of reasonable apprehension of imminent bodily harm in mind of victim Actual touching does not equal assault it is only a battery Aggravated assault is assault plus use of deadly or dangerous weapon or with intent to rape, maim, or murder

Question 27

False imprisonment

Answer 27

unlawful confinement of a person without persons valid consent

Question 28

Kidnapping

Answer 28

unlawful confinement of a person that involves 1. some movement of victim or 2. concealment of victim in a secret place

Question 29

Larceny

Answer 29

A taking and carrying away of tangible personal property of another with possession by tresspass with intent to permanently deprive

Question 30

Embezzlement

Answer 30

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

Question 31

False pretenses

Answer 31

obtaining title to personal property of another by an intentional false statement of past or existing fact with intent to defraud the other

Question 32

Robbery

Answer 32

taking or personal property of another from the others person or presence by force or threats of immediate death or physical injury to the victim, a family member, or person in victims presence with intent to permanently deprive them of it

Question 33

Extortion

Answer 33

knowingly seeking to obtain property or services by means of future threat

Question 34

Forgery

Answer 34

making or altering a writing with apparent legal significance so that it is false with intent to defraud

Question 35

Burglary

Answer 35

breaking and entry of a dwelling of another at night time with the intent to commit a felony in the structure

Question 36

Arson

Answer 36

the malicious burning of the dwelling of another

Question 37

M'Naughten Rule

Answer 37

a disease of the mind caused a defect of reason such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions

Question 38

Irresistible impulse test

Answer 38

Person unable to control their actions of control their conduct to the law

Question 39

Durham test

Answer 39

crime was the product of their mental illness

Question 40

MPC test

Answer 40

mental disease of defect caused lack of substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the requirements of law