Criminal Wrongdoing

Question 1

Homicide - 3 Types

Answer 1

Criminal:

• Manslaughter (without malice, involuntary, or voluntary)
• Murder (intentional with malice, 1st degree, 2nd degree) (mitigated to manslaughter is committed in the heat of passion provocation)

Justifiable: (focuses on the ACT)

• Society indicates its approval of the actor’s conduct bc they don’t believe the death was undesirable
• committed in self-defense

Excusable: (focuses on the ACTOR)

• Admits wrongdoing but asserts that actor shouldn’t be punished bc he is not morally blameworthy for the harm
• Committed by an insane person

Question 2

Criminal Homicide

Answer 2

The unlawful killing of a human being by another human being with malice aforethought

Question 3

Criminal Homicide - “Human Being”

Answer 3

@CL must be born, fetus is not included (unless stat. says otherwise)

keeler - kicks pregnant wife, stillborn, fetus was not defined in stat or CL therefore court couldn’t convict.

Question 4

Criminal Homicide - Actus Reus

Answer 4

Must be some conduct by D that includes a VOLUNTARY ACT (or omission), a willful muscular contraction, resulting in the death of a human being

Question 5

Criminal Homicide - Mens Rea - 1st degree

Answer 5

Statutory; requiring 
WILLFUL (intentional)
PREMEDITATED, and (quantity of time) 
DELIBERATE (measure and evaluate the choice)
(all other is 2nd degree)

Question 6

Criminal Homicide - Malice Aforethought

Answer 6

Malice = Intent to kill, intent to cause grievous bodily harm, or depraved heart (implied malice through conduct evidencing conscious disregard for human life)

Question 7

Manslaughter - CL

Answer 7

unlawful killing of a human being by another human being without malice aforethought

Question 8

Manslaughter - Voluntary

Answer 8

intentional killing; heat of passion; diminished capacity; emotional disturbance

Question 9

Manslaughter - Voluntary - Heat of Passion

Answer 9

Mitigates murder to V. Manslaughter

1. must be adequate provocation (RP)
2. words only suffice if they’re informational
3. killing was in SUDDEN heat of passion (no opportunity to cool off)
4. Causal connection bw the provocation, passion, and act

Question 10

Manslaughter - Involuntary

Answer 10

unintentional killing that results from recklessness or criminal negligence

Question 11

Manslaughter - MPC

Answer 11

Recklessly or EED

Question 12

Manslaughter - MPC - EED

Answer 12

1. Subjective; was D experiencing EED?
2. Objective; was the EED reasonable for an ordinary person in the actor’s situation under the circumstances as he believes them to be?

Question 13

Negligent Homicide - MPC

Answer 13

criminal homicide constitutes neg. homicide when it is committed neg. - D should have been aware of the risk but was not.

Question 14

Felony murder Doctrine

Answer 14

1 is guilty of murder is a death results from conduct during the commission or attempted commission of any felony (strict liability offense)

Question 15

FMR - Inherently Dangerous Test

Answer 15

Felony must be so dangerous that the possibility of death/serious injury is high.

Question 16

FMR - Limitations - Merger Rule

Answer 16

Felony must be independent from the murder

Question 17

FMR - Limitations - Causation Limitation

Answer 17

requires the killing be in the furtherance of the felony, the fact that death occurs during the commission of a felony will not necessarily subject the felon to the murder

Question 18

FMR - Limitations - Res gestae

Answer 18

even if commission of felony is complete, FMR can still apply is killing takes place during the escape.

Question 19

Rape - CL

Answer 19

carnal knowledge of a woman (who is not wife) without consent

General intent crime (not strict lib.) Morally blameworthy state of mind.

Woman must utilize the utmost resistance (CURRENT TIMES = reasonable resistance)

Question 20

Rape - CL - Actus Reus

Answer 20

Lack of consent (against will)
Force (threat)

req proof person did not consent AND the rape was secured by force (use or threats use of force to cause bodily harm)

Question 21

Rape - CL - Mens Rea

Answer 21

Gen rule: a person is not guilty of rape if he entertained a genuine and reasonable belief that the female voluntarily consented to intercourse

Question 22

Rape - MPC 213.1

Answer 22

A male who has rapes a female (not wife) if:

1. threatens
2. drugs/intoxicates her
3. unconscious
4. less than 10 years old

Question 23

Rape - MPC - Mens Rea

Answer 23

guilty if acting purposely, knowingly, or recklessly – is punished for violating sexual autonomy

Question 24

Inchoate Offenses

Answer 24

Criminalizing conduct which on its own would not bring about social harm

Question 25

Inchoate Offenses - Attempt

Answer 25

Punishing perpetration, NOT preparation (specific intent)
An attempt to commit a crime occurs if:
1. a criminal has an intent to commit a crime and
2. take a substantial step toward completing the crime

Question 26

Inchoate Offenses - Attempt - Complete v. Incomplete

Answer 26

1. MERGES fully acted out actus reus but failed to get result
2. actor does sme acts necessary to achieve goal but quits or is prevented from continuing

Question 27

Inchoate Offenses - Attempt - MPC - Actus Reus

Answer 27

SUBJECTIVE - D is guilty of attempt if she take SUBSTANTIAL STEP in the direction of committing the crime

Question 28

Inchoate Offenses - Attempt - MPC - Mens Rea

Answer 28

Dual Intent: requires purpose or knowledge for the conduct AND results

attendant circumstance; purpose not required but only need culpability as required for the target offense.

Question 29

Inchoate Offenses - Attempt - MPC - Abandonment

Answer 29

Affirmative defense if complete and voluntary (not if stop by police)

Question 30

Inchoate Offenses - Solicitation

Answer 30

asking, enticing, inducing, or counseling another to commit a crime

Question 31

Inchoate Offenses - Solicitation - Mens Rea - CL

Answer 31

1. the intent to perform the acts constituting the solicitation
2. the specific intent that the other person commit the solicited offense

Question 32

Inchoate Offenses - Solicitation - Mens Rea - MPC 5.02

Answer 32

1. Person is guilty if with the purpose of promoting or facilitating its commission he commands encourages or request another person to engage in specific conduct that would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commiss.

Question 33

Inchoate Offenses - Solicitation - Communication - CL V. MPC

Answer 33

CL - Solicitation REQUIRES actual communication

MPC - Actor solicits to commit a crime if his conduct was designed to affect such communication

Question 34

Inchoate Offenses - Solicitation - Defense - MPC

Answer 34

complete and voluntary renunciation of criminal purpose

Question 35

Inchoate Offenses - Conspiracy

Answer 35

an agreement or understanding bw two or more ppl (express or implied) to commit a crime (doesn’t req. solicitation)

DOES NOT MERGE

Question 36

Inchoate Offenses - Conspiracy - CL

Answer 36

an agreement between 2+ to commit an unlawful act or;

to accomplish a lawful act by unlawful means

Question 37

Inchoate Offenses - Conspiracy - CL - Mens Rea

Answer 37

1. intent to combine with other

2. intent to accomplish the illegal objective

Question 38

Inchoate Offenses - Conspiracy - CL - Actus Reus

Answer 38

Agreement

which has to take place before the substantive crime

Question 39

Inchoate Offenses - Conspiracy - MPC

Answer 39

MERGES

MPC § 5.03 (1)
(a) agrees with such other person or persons that they are one of more of them will engage in conduct that constitutes such crime or an attempt or solicitation to commit such crime; or (b) agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
MPC § 5.03 (5)
No person may be convicted of conspiracy to commit a crime other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.