criminal law

Question 1

Jurisdiction

Answer 1

For purposes of criminal law, jurisdiction is the authority of a body to create substantive criminal law; jurisdiction includes the ability of a court to enforce the criminal laws.

Question 2

Specific intent crimes

Answer 2

Under common law, a specific intent crime requires that the defendant performed the actus reus with the specific objective of achieving a prohibited result (or knowledge that the result would occur).

Question 3

General intent crimes

Answer 3

Under common law, a general intent crime requires only that the defendant had awareness of the act, not that he had the intent to commit the crime, which can be inferred from the act itself.

Question 4

Larceny

Answer 4

Under common law, larceny is the taking and carrying away of the tangible personal property of another by trespass with intent to permanently deprive the other of the property.

Question 5

conspiracy

Answer 5

Under common law, a conspiracy is an agreement between two or more persons to commit a criminal act or to accomplish a legal act by unlawful means.

Question 6

Attempt

Answer 6

Under common law, attempt occurs when the defendant engages in conduct in the direction of committing a crime with the specific intent to commit the crime, but falls short of completing the crime.

Question 7

Solicitation

Answer 7

Under common law, solicitation occurs when a person, with the specific intent that another person commit a crime, solicits, requests, commands, importunes /ɪmpɔː’tjuːn/ 一再要求, or otherwise attempts to cause that person to commit the crime.

Question 8

receipt of stolen property

Answer 8

Under common law, receipt of stolen property is receiving possession and control of stolen property with knowledge that the property was obtained in criminal way by another person and with intent to permanently deprive the owner of the property.

Question 9

Robbery

Answer 9

Under common law, robbery is the taking and carrying away of the tangible personal property of another by trespass, by force or threats of force, with intent to permanently deprive the other of the property. Robbery requires all the elements of larceny, plus the additional element of force or threats of force.

Question 10

Embezzlement

Answer 10

Under common law, embezzlement is the fraudulent appropriation /ə,prəʊprɪ’eɪʃn/ 占用、盗用 or conversion of personal property of another by one to whom the owner has entrusted possession.

Question 11

Murder

Answer 11

Under common law, murder is the unlawful killing of another human being with malice aforethought /ə’fɔrθɔt/ 预谋。

Question 12

Burglary

Answer 12

Under common law, burglary is the breaking and entering into the dwelling of another at night with the specific intent to commit a felony inside.

Question 13

Arson

Answer 13

Under common law, arson is the malicious /mə’lɪʃəs/ 恶意 burning of a dwelling of another.

Question 14

Manslaughter

Answer 14

Under common law, manslaughter is the unlawful killing of another human being without malice /’mælɪs/ aforethought. Manslaughter is classified as either voluntary manslaughter or involuntary manslaughter.

Question 15

Voluntary Manslaughter

Answer 15

Under common law, voluntary /’vɑləntɛri/ manslaughter is an intentional homicide that differs from murder because of the existence of extenuating /ɪkˈsten-nju-eɪtɪŋ/情有可原的circumstances /ˈsɜːkəmstæns /such as provocation /prɑːvəˈkeɪʃn/ 挑衅

Question 16

Involuntary Manslaughter

Answer 16

Under common law, involuntary /ɪn’vɑləntɛri/ manslaughter is an unintentional homicide, committed without malice, which is neither justified nor excused.

Question 17

Extortion

Answer 17

Under modern common law, extortion is obtaining property from another by written or oral threats of physical harm or other improper threats of harm.

Question 18

Doctrine of transferred intent

Answer 18

Under common law, if a defendant intends a harmful result to a particular person or object and, in carrying out that intent, causes a similar result to another person or object, the defendant’s intent will be transferred to the person or object actually harmed.

Question 19

Battery

Answer 19

Under common law, battery is the unlawful application of force to another which results in bodily harm or offensive touching.

Question 20

Assault

Answer 20

Under common law, assault is (1) an attempted battery or (2) intentionally placing another person in reasonable apprehension of suffering an immediate battery.

Question 21

Kidnapping

Answer 21

Under common law, kidnapping is the unlawful confining and transporting of a victim from one place to another without the victim’s consent through force or fraud.

Question 22

False pretenses

Answer 22

Under common law, false pretenses /ˈpriːtens/ 假装 is obtaining title to the property of another by an intentional misrepresentation of fact with specific intent to defraud the original titleholder.

Question 23

Malice Crimes

Answer 23

Under common law, a malice crime requires that the defendant recklessly disregarded an obvious or known risk that a particularly harmful result would occur.

Question 24

Strict liability Crimes

Answer 24

Under common law, a strict liability crime does not require that the defendant had a requisite intent or mental state when the act was committed. In other words, the defendant’s mental state is irrelevant.