Criminal Law

Question 1

Actus Rea

Answer 1

Voluntary Physical Act

Question 2

Omission as an Act

Answer 2

No Duty Act UNLESS (1) legal duty (2) knowledge of duty (3) possible to perform duty

Question 3

Mens Rea

Answer 3

Criminal Mental State, specific intent to do crime

Question 4

Malice

Answer 4

reckless disregard for known risk

Question 5

Purposefully

Answer 5

conscious object to engage in proscribed conduct

Question 6

Knowingly

Answer 6

awareness that conduct will cause a particular result

Question 7

Recklessly

Answer 7

conscious disregard of substantial and unjustifiable risk

Question 8

Negligently

Answer 8

failure to be aware of substantial and unjustifiable risk

Question 9

Transferred intent

Answer 9

D intends harm but hit different V, applies to homicide, battery, and arson.

Question 10

Principal

Answer 10

commits offense

Question 11

Accomplice

Answer 11

aids and encourages principal to commit act

Question 12

Accessory After the Fact

Answer 12

aids another to escape knowing crime occurred

Question 13

Scope of Liability

Answer 13

accomplice liable for other foreseeable crimes

Question 14

Withdrawal of crime

Answer 14

must occur before crime is committed (1) repudiation is sufficient for mere encouragement (2) attempt to neutralize if more than encouragement

Question 15

Solicitation

Answer 15

(1) inciting D to commit crime (2) with intent crime will happen

Question 16

Conspiracy

Answer 16

(1) agreement between 2 or more (2) intent to enter agreement (3) intent to achieve crime; some states: (4) overt act

Question 17

Wharton Rule

Answer 17

no crime unless more parties participate than necessary for crime (3 people for conspiracy of adultery)

Question 18

Acquittal

Answer 18

precludes conviction of remaining D for conspiracy

Question 19

Liability for Co-Conspirators’ Crimes

Answer 19

(1) in furtherance of the crime (2) foreseeable

Question 20

Withdrawal of conspiracy

Answer 20

– NOT defense to conspiracy, only to crime itself

Question 21

Merger - Conspiracy

Answer 21

NO MERGER. Can be tried and convicted for both

Question 22

Attempt

Answer 22

incomplete crime

Question 23

Proximity Test

Answer 23

dangerously close to completion of the crime

Question 24

Legal Impossibility

Answer 24

rare defense, essentially act is not illegal

Question 25

Factual Impossibility

Answer 25

not offense, D cannot factually complete crime

Question 26

Abandonment

Answer 26

not a defense at common law

Question 27

Merger - Attempt

Answer 27

facts do not merge

Question 28

M’Naghten Rule

Answer 28

(1) mental disease (2) causes defect (3) D lacked ability to know wrongfulness of actions or understand the nature and quality of his actions

Question 29

Irresistible impulse

Answer 29

D unable to control actions or conform conduct to the law

Question 30

Durham Test (New Hampshire Test)

Answer 30

crime is product of mental illness

Question 31

Insanity Model Penal Code Test

Answer 31

D lack substantial capacity to (1) appreciate the criminality of conduct or (2) conform his conduct to requirements of the law

Question 32

Voluntary Intoxication

Answer 32

voluntary taking of a substance known to be intoxicating; D only to specific intent crimes if prevents intent

Question 33

Involuntary Intoxication

Answer 33

taking intoxicating substance w/o knowledge/under duress/pursuant to medical advice; D to all crimes

Question 34

Infancy

Answer 34

D under 14 at common law, under modern statutes under 12 or 14