Criminal Law

Question 1

What are the elements of voluntary manslaughter?

Answer 1

1. Intent
2. Reasonable provocation
3. Sudden heat of passion
4. Failed or imperfect self defense

Question 2

What are the elements of rape?

Answer 2

1. Sexual intercourse
2. with a woman who is not the defendant’s wife (common law)
3. without consent, or by force

Question 3

What are the defenses to rape?

Answer 3

1. not me
2. no sexual intercourse
3. there was consent
4. mistake of fact (reasonable belief that there was consent)

Question 4

What are the elements of burglary?

Answer 4

1. Breaking (actual or constructive)
2. and entry (any part of the body or tool)
3. of a dwelling house (common law)
4. of another
   
   • not one’s own home
   • not a place where one has permission
     to be
5. at night (common law)
6. with the intent to commit a felony (intent at time of breaking)

Question 5

What are the elements of involuntary manslaughter?

Answer 5

1. Unintentional (no malice)
2. death while committing a:
   (a) crime, when felony murder is not
   applicable
   (b) lawful act done negligently

Question 6

What are the types of malice required for murder?

Answer 6

1. Expressed
   
   • intent to kill
2. Implied
   
   • intent to cause grievace bodily harm
   • depraved heart murder
   • felony murder

Question 7

What are the elements of murder?

Answer 7

1. Unlawful killing
2. of a human being
3. with malice a forethought

Question 8

What are the elements of robbery?

Answer 8

• Larceny with force
  1. Trespassory
  2. taking
  3. and carrying away
  4. the personal property
  5. of another
  6. with the intent to permanently deprive,
  7. by use of force

Question 9

What are the elements of larceny?

Answer 9

1. Trespassory
2. taking
3. and carrying away
4. the personal property
5. of another
6. with the intent to permanently deprive

Question 10

What are the elements of depraved heart murder?

Answer 10

1. Action with a VERY HIGH degree of risk.
2. Defendant is aware of the risk
3. Unjustifiable to take the risk
   
   • due to extreme indifference to human life

Question 11

What are the elements of aiding and abetting?

Answer 11

1. With knowledge
2. provide assistance
3. with intent to promote the crime

Question 12

What are the elements of accessory after the fact?

Answer 12

1. Rendering assistance
2. after a crime
3. to prevent apprehension of the perpetrator

Question 13

What are the elements of criminally negligent homicide?

Answer 13

1. Conscious disregard for victim’s security

2. Gross deviation from reasonable conduct in the commission of a lawful act

Question 14

What are the elements of embezzlement?

Answer 14

1. Fraudulent conversion
2. of property
3. of another
4. by a person in lawful possession of the property

Question 15

What are the elements of forgery?

Answer 15

1. False making or material alteration
2. of a writing (which if genuine, would have legal significance)
3. with the intent to defraud

Question 16

What are the elements of solicitation?

Answer 16

1. Inciting, couseling, advising, inducing, urging, or commanding another person to commit a crime
2. with specific intent that the person commits the act

Question 17

What are the elements of conspiracy?

Answer 17

1. An agreement between 2 or more people
2. to commit a criminal act or series of criminal acts

• Common law: no overt act required
• Modern law: guilty if any act in
  furtherance of consipracy’s goal is within
  scope of conspiracy, and is foreseeable

Question 18

What are the elements of false pretenses?

Answer 18

1. Knowingly and designedly
2. obtaining title and possession of property
3. of another
4. by means of untrue representation of important fact
5. with intent to defraud

Question 19

What are the elements of assault?

Answer 19

Modern:
- Attempt to commit a battery

Common law:

1. Intentionally placing
2. another
3. in apprehension
4. of receiving an immediate battery

Question 20

What are the elements of attempt?

Answer 20

1. Specific intent to commit a crime
2. Substantial step(s) taken toward commission of the crime
3. Failure to complete the crime

Question 21

When is heat of passion applicable for voluntary manslaughter?

Answer 21

1. Adequate provocation
   
   • must arouse passion in a reasonable
     person
2. No cooling off period
3. Casual connection between the provocation and the intentional act

Question 22

What makes a crime a factual impossibility?

Answer 22

Fortuitous change in circustances that prevents the person from comimitting the offense

• objective is proscribed but there are facts that prevent the defendant form achieving the objective
• not a defense of attempted crime

Question 23

What does an affirmative defense require?

Answer 23

Defendant has the burden of proving the defense

Question 24

What makes a crime a legal impossibility?

Answer 24

When something in the law makes it impossible for the defendant to complete the intended crime.

• if everything the party is trying to do is legal, then none of the parts can be considered illegal
• possible defense of attempted crime

Question 25

What are the elements of battery?

Answer 25

1. Unlawful 2. application of force 3. to another person 4. resulting in bodily injury or offensive touching