Criminal Law & Procedure

Question 1

M’Naghten Rule for Insanity

Answer 1

(1) A disease of the mind that (2) caused a defect of reason which (3) left the defendant at the time of his actions lacking the ability to either:

(a) know the wrongfulness of his actions; or (b) understand the nature and quality of his actions.

Question 2

Larceny

Answer 2

The trespassory taking and carrying away of the personal property of another with the specific intent to steal.

Trespassory Taking: Without Consent

Question 3

Embezzlement

Answer 3

The misappropriation of the property of another by one who is in lawful possession of the property.

Question 4

False Pretenses

Answer 4

The defendant obtains title to property by means of lies, deceit, or falsehood.

(usually cash or transfer of money)

Question 5

Larceny by Trick

Answer 5

Larceny, obtaining possession with consent but accomplished by lies, deceit, or falsehood.

Question 7

Accomplice Liability

Answer 7

An accomplice is someone who, with the intent that the crime be committed, helps the principal before or during the crime.

Question 8

Attempt

Answer 8

Requires two elements: (1) a specific intent to commit the target offense, and (2) a substantial step in furtherance of that attempt.

Question 9

Arson

Answer 9

The malicious burning of the dwelling house of another.

Malicious: Intent to burn the dwelling or reckless disregard for whether it would result.

Question 10

Burglary

Answer 10

The breaking and entering into the dwelling house of another at night with the specific intent to commit a larceny or felony.

Question 11

Conspiracy

Answer 11

A conspiracy requires:

1. An agreement between two or more persons;
2. an intent to enter into the agreement; and
3. an intent by at least two persons to achieve the objective of the argument.

A majority of states now also require an overt act, but an act of mere preparation will suffice.

Question 12

Withdrawal

Answer 12

Must effectively communicate withdrawal to fellow conspirators. Will relieve liability for any crime that occurs after withdrawal.

Question 13

Battery

Answer 13

The unlawful application of force to another resulting in bodily injury or offensive touching.

Question 14

Solicitation

Answer 14

Inciting, counseling, advising, urging, or commanding anothe rto commit a crime, with the intent that the person solicited commit the crime.