Criminal Law

Question 1

VOLUNTARY MANSLAUGHTER

Answer 1

WOULD BE MURDER BUT FOR ADEQUATE PROVOCATION—DEFINED AS:

1. One that would arouse sudden & intense passion in the mind of an ordinary person such to cause him to lose self-control;
2. D was in fact provoked
3. No sufficient time b/w the provocation & killing for the passions of a reasonable person to cool; &
4. D in fact did NOT cool off b/w provocation & killing.

Question 2

THE IMPERFECT SELF-DEFENSE RULE

Answer 2

1. Honest
2. But unreasonable belief
3. That his life was in imminent danger…
4. Then Murder reduced to Manslaughter.
   - Only some states recognize this doctrine

Question 3

INVOLUNTARY MANSLAUGHTER:

Answer 3

CRIMINAL NEGLIGENCE [CL]
MPC—RECKLESS [CONSCIOUS DISREGARD FOR SUBSTANTIAL & UNJUSTIFIABLE RISK]
1. A killing committed w/ criminal negligence (“Reckless under MPC”) OR
2. Misdemeanor manslaughter (kill while committing a misdemeanor/unenumerated felony)

Question 4

FIRST DEGREE MURDER

Answer 4

INTENT TO ENGAGE IN CONDUCT

1. Deliberate & premeditated killing of human in which D acted w/ intent or knowledge that his conduct would cause death. OR
2. Felony Murder: any killing (except co-felon) committed during the course of a felony (other than murder) up to the point of temporary safety; OR
3. Homicide of Cop: D knew victim is a law enforcement, & victim was acting in the line of duty; AND
4. But for D’s conduct, the death would not have occurred (cause in fact)
5. D is proximate case, i.e., D responsible for all results that occur as a natural & probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.

Question 5

SECOND DEGREE MURDER

Answer 5

(CL MURDER/MALICE INTENT):

1. Depraved heart: killing done w/ reckless indifference to an unjustifiably high risk to human life; OR
2. Murders that ≠ 1st D
3. But for D’s conduct, the death would not have occurred (cause in fact)
4. D is proximate case, i.e., D responsible for all results that occur as a natural & probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur.

Question 6

INSANITY DEFENSE UNDER M’NAUGHTEN

Answer 6

1. Disease of the mind
2. Caused a defeat of reason
3. Where @ time of crime D didn’t know the wrongfulness of his actions or understand the nature and quality of his actions

Question 7

INSANITY DEFENSE UNDER IRRESISTIBLE IMPULSE TEST:

Answer 7

1. B/c of mental illness
2. D was unable to control his actions or conform his conduct to the law (i.e., lacked capacity for self-control & free choice)

Question 8

INSANITY DEFENSE UNDER DURHAM/NEW HAMPSHIRE TEST:

Answer 8

1. D conduct is a product of mental illness. (BUT FOR the mental illness, D wouldn’t of done the act)

Question 9

INSANITY DEFENSE UNDER M.P.C TEST:

Answer 9

1. D had a mental disease/defect, as a result
2. D lacked the capacity to
3. Appreciate the criminally of his conduct or conform his conduct to the law

Question 10

BATTERY:

Answer 10

AWARENESS OF ACTING IN PROSCRIBED MANNER

1. Unlawful application of force to the person resulting in either
2. Bodily injury or offensive touching
   - Need not be intentional
   - Force applied w/ criminal negligence suffices
   - Force need not be directly applied

Question 11

Reasonable Belief Defenses

Answer 11

1. Self defense;
2. Duress;
3. Necessity;
4. Mistake of fact (reasonable)

Question 12

TRANSFERRED INTENT APPLIES TO:

Answer 12

1. Homicide
2. Battery AND
3. Arson

Question 13

NAME TWO STRICT LIABILITY CRIMES:

Answer 13

CONSCIOUS COMMISSION OF PROSCRIBED ACT

1. Statutory rape;
2. Selling alcohol to minors, conscious commission of proscribed act, aka no intent crimes, any defense that negates intention not a defense to no intent crimes of strict liability
   - If the crime = administrative, regulatory, or morality area & statute doesn’t have knowingly, willfully or intentionally → strict liability.

Question 14

Defenses that Don’t apply to strict liability crimes?

Answer 14

• Defenses:
• Constitutional defenses on statute being vague
• Not:
• No Mistake of Fact
• No Consent
• No Intent required
• State of mind is irrelevant

Question 15

Arson

Answer 15

RECKLESS DISREGARD OF A KNOWN RISK

1. The malicious (intentional or w/ reckless disregard of an obvious/known risk)
2. Burning (requiring some damage to the structure caused by fire)
3. Of the dwelling
4. Of another
   - As for the malice –no specific intent is required, acting w/ a reckless indifference of an obvious risk that structure would burn will suffice for culpability
   - Malice Intent: reckless disregard of an obvious/known risk
   - Transferred intent applies
   - Must be burned, not just smoke damage
   - Scorching is insufficient, but charring is sufficient

Question 16

Murder (CL)

Answer 16

RECKLESS DISREGARD OF A KNOWN RISK

1. Unlawful killing of another human:
2. W/ malice aforethought:
   - Intent to inflict great bodily harm; or
   - Intent to commit a felony (felony murder); or
   - Reckless indifference to an unjustifiably high risk to human life

Question 17

Intent required for specific intent crimes

Answer 17

intent to engage in the conduct

Question 18

Solicitation

Answer 18

intent to engage in the conduct

1. Inciting another to commit a crime
2. With the intent that person solicited commits the crime
   - No factual impossibility
   - Defenses: voluntary intoxication; mistake of fact reasonable/unreasonable

Question 19

Conspiracy

Answer 19

INTENT TO ENGAGE IN THE CONDUCT

1. Agreement btw 2 + parties;
2. Intent to enter into agreement; AND
3. Intent by at least 2 people to achieve the object of agreement
   - Object must be either criminal OR the achievement of a lawful object by criminal means
   - Defenses: voluntary intoxication; mistake of fact reasonable/unreasonable
   - No factual impossibility
   - WITHDRAWAL, EVEN IF IT IS ADEQUATE, CAN NEVER RELIEVE THE DEFENDANT FROM LIABILITY FOR THE CONSPIRACY ITSELF

Question 20

Attempt

Answer 20

INTENT TO ENGAGE IN THE CONDUCT
To be criminal liable there must be:
1. An act done;
2. With intent to commit a crime;
3. That falls short of completing the crime
- Specific intent + overt act in furtherance
- Nowhere statute says negligent or recklessness.
- Defenses: voluntary intoxication; unreasonable mistake of fact, reasonable mistake of fact
- Overt act must = substantial step in furtherance of the commission of the crime
- Defenses: legal impossibility; voluntary intoxication; mistake of fact
- No abandonment (majority) defense once substantial step toward crime commission.
- Abandonment (M.P.C) allows only if voluntary & complete renunciation of criminal purpose.
- No factual impossibility

Question 21

First-Degree Murder

Answer 21

INTENT TO ENGAGE IN THE CONDUCT

1. Deliberate &
2. Premeditated killing
3. D acted w/ intent or knowledge that his conduct would cause death.

Question 22

Assault

Answer 22

Intent to Engage in the conduct

1. An attempt to commit a battery or
2. Intentional creation of reasonable apprehension of imminent bodily harm (other than mere words)
   - Defenses: voluntary intoxication; mistake of fact;

Question 23

Larceny

Answer 23

INTENT TO ENGAGE IN THE CONDUCT

1. A taking
2. And carrying away
3. Of tangible personal property
4. Of another w/ possession
5. By trespass (w/o consent or consent induced by fraud)
6. w/ the intent to permanently deprive that person their interest in the property (at the time of the taking)
   - Defense: mistake of fact; no defense of mistake of law

Question 24

Embezzlement

Answer 24

INTENT TO ENGAGE IN THE CONDUCT

1. The fraudulent;
2. Conversion;
3. Of personal property;
4. Of another;
5. By a person in lawful possession of that property
   - Lawful possession + illegal conversion

Question 25

False Pretenses

Answer 25

INTENT TO ENGAGE IN THE CONDUCT 1. Obtaining title; 2. To personal property of another; 3. By an intentional false statement; 4. Of a past/existing fact; 5. W/ the intent to defraud the other.

Question 26

Robbery

Answer 26

INTENT TO ENGAGE IN THE CONDUCT 1. A taking; 2. Of personal property 3. Of another; 4. From the other person’s presence; 5. By force/threats of immediate death or injury 6. With the intent to permanently deprive him of it.

Question 27

Burglary

Answer 27

INTENT TO ENGAGE IN THE CONDUCT 1. A breaking 2. And entering 3. Of a dwelling 4. Of another 5. At nighttime 6. W/ the intent to commit a felony

Question 28

Forgery

Answer 28

: INTENT TO ENGAGE IN THE CONDUCT 1. The making or 2. Altering 3. Of a false writing 4. W/ intent to defraud. - Any writing w/ apparent legal significance suffices

Question 29

False Imprisionment

Answer 29

AWARENESS OF ACTING IN PROSCRIBED MANNER 1. Unlawful confinement 2. Of a person 3. Without his valid consent. - Defenses: - Reasonable mistake of fact

Question 30

Kidnapping

Answer 30

AWARENESS OF ACTING IN PROSCRIBED MANNER 1. Unlawful confinement of a person that involves either; 2. Some movement of the victim or concealment of the victim in a secret place - Defenses: - Reasonable mistake of fact

Question 31

Rape

Answer 31

AWARENESS OF ACTING IN PROSCRIBED MANNER 1. Slightest penetration - Defenses: - Reasonable mistake of fact

Question 32

Statutory Rape

Answer 32

CONSCIOUS COMMISSION OF PROSCRIBED ACT 1. Strict liability crime - Consent of the victim is no defense and mistake of fact is no defense.

Question 33

Extortion (CL)

Answer 33

1. Knowingly seeking 2. To obtain property or services 3. By means of a future threat - No need to take anything from the person/in presence - Threats not imminent (unlike robbery)

Question 34

Receipt of Stolen Property

Answer 34

1. Receiving possession & control 2. Of stolen personal property 3. At the time D receives it 4. Known to have been illegally obtained 5. By another person 6. W/ the intent to permanently deprive the owner