Criminal Law & Procedure

Question 1

CL Murder Defined

Answer 1

The unlawful killing of another human being with malice aforethought.
Malice aforethought exists when defendant acted with one of the following mental states:
* intent to kill
* intent to inflict GBI
* reckless indifference to an unjustifiably high risk to human life (aka depraved heart)
* intent to commit a felony (aka felony murder BAARK).

Question 2

Leading questions are generally permitted on ________ examination.

Answer 2

cross examination- Fed. R. Evid. 611(c)

Question 3

At common law, if a person engaged in conduct constituting both a felony and a misdemeanor…

Answer 3

they could be convicted only of the felony. The misdemeanor merged into the felony.

Question 4

Under the M.P.C., a defendant may not be convicted of more than one…

Answer 4

inchoate crime (that is, attempt, conspiracy, or solicitation) when their conduct was designed to culminate in the commission of the same offense.

Question 5

Elements of a Crime

Answer 5

• A physical act (actus reus)
• A mental state (mens rea), and
• A concurrence of the act and mental state
  sometimes requires proof of causation- the act caused the harmful results

Question 6

The 11 major specific intent crimes are…

Answer 6

Solicitation
Conspiracy
Attempt
First degree premeditated murder
Assault
Larceny
Embezzlement
False Pretenses
Robbery
Burglary
Forgery
Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts

Question 7

Solicitation: Intent Required

Answer 7

Intent to have the person solicited commit the crime

Question 8

Receiving stolen property requires that:

Answer 8

(i) the property received was actually stolen; (ii) the defendant
had knowledge the property was stolen; and (iii) the intent to permanently deprive the owner of the property

Question 9

An accessory after the fact is one who:

Answer 9

knowingly receives, relieves, comforts, or assists one who has committed a crime to escape arrest, trial, or conviction

Question 10

An accomplice is one who:

Answer 10

with the intent to assist the principal and the intent that the principal commits
the crime, actually aids or encourages the principal before or during the crime

Question 11

The elements of conspiracy are:

Answer 11

(i) an agreement between two or more persons;
(ii) an intent to enter
into an agreement; and
(iii) an intent to achieve the object of the agreement