CrimLaw

Question 1

Specific Intent Crimes

Answer 1

(FATCATS):
* First-degree murder
* Assault with intent to commit battery
* Theft offenses (larceny, embezzlement, forgery, burglary, robbery)
* Conspiracy
* ATtempt
* Solicitation

Question 2

Malice crimes?

Answer 2

CL murder, arson

Question 3

MPC no words of intent standard?

Answer 3

Recklessly—D acts with a conscious disregard of a substantial and unjustifiable risk

Question 4

Mistake of fact defense applies to which types of crimes?

Answer 4

• A defense to specific-intent crimes if it is honest, even if unreasonable
• A defense to general-intent or malice crimes, only if reasonable

Question 5

Mistake of law defense apples to which types of crimes?

Answer 5

Only valid if:
* D relied on court decision/administrative order or official interpretation,
* Statutory definition of malum prohibitum crime not available before conduct, or
* An honestly held mistake of law negates required intent or mental state

Question 6

4 Insanity tests for defenses?

Answer 6

• M’Naghten—D did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act, because of a defect of reason due to mental disease (“right from wrong” test)
• Irresistible impulse—D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)
• Durham—the unlawful act was the product of D’s mental disease or defect (“but for” test)
• MPC (combines M’Naghtenand irresistible impulse)—at the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to law, as a result of mental disease or defect

Question 7

Voluntary intoxification defense applies to which crimes?

Answer 7

• A defense to SI crimes if it prevents the formation of the required intent
• MPC—a defense to crimes with a mental state that is “purposely” or “knowingly” and the intoxication prevents the formation of that mental state

Question 8

Involuntary intoxication applies to which crimes?

Answer 8

All

Question 9

Which crimes can consitute a felony murder?

Answer 9

BARRK— burglary, arson, robbery, rape, and kidnapping)

Question 10

What is a imperfect defense?

Answer 10

Many states reduce murder to voluntary manslaughter if D started the altercation or unreasonably believed in the necessity of using deadly force

Question 11

Criminally negligent homicide is another name for . . .

Answer 11

voluntary manslaughter.

Question 12

Elements of larceny?

Answer 12

• Trespassory;
• Taking and;
• Carrying away;
• Of the personal property;
• Of another;
• With the specific intent to permanently deprive the owner of the property.

Question 13

Elements of larceny by trick?

Answer 13

• Larceny;
• Accomplished by fraud or deceit;
• That results in the conversion of the property of another.

Question 14

Elements of forgery?

Answer 14

• Making;
• Of a false writing;
• With apparent legal significance; and
• With the intent to defraud.

Question 15

Elements of Embezzlement?

Answer 15

• Fraudulent;
• Conversion;
• Of the property;
• Of another;
• By a person who is in lawful possession of the property.

Question 16

Elements of false pretenses?

Answer 16

• Obtaining title to the property;
• Of another person;
• Through the reliance of that person;
• On a known false representation of a material past or present fact; and
• The representation is made with the intent to defraud.

Question 17

Elements of robbery?

Answer 17

• Larceny;
• From the person or presence of the victim;
• By force or intimidation.

Question 18

Elements of extortion

Answer 18

• The taking of money or property from another by threat.
• Making the threat (not obtaining the property) is the essence of the crime (majority view)
• The threat need not be of immediate harm or of a physical nature
• The property need not be on the victim or in his presence

Question 19

Elements of burglary?

Answer 19

• Breaking and;
• Entering;
• Of the dwelling;
• Of another;
• At nighttime;
• With the specific intent to commit a felony therein.

Question 20

Elements of arson

Answer 20

• Malicious;
• Burning;
• Of the dwelling;
• Of another.

Question 21

Kidnapping

Answer 21

• Unlawful;
• Confinement of a person;
• Against that person’s will;
• Coupled with either:
• The movement; or
• The hiding of that person.

Question 22

Elements of attempt?

Answer 22

• A substantial step toward commission of crime (beyond mere preparation); coupled with
• The specific intent to commit the crime.

Question 23

Defenses to attempt?

Answer 23

• Factual impossibility—not a defense
• Legal impossibility = defense
• Abandonment—not a defense after completion of actus reus (substantial step or dangerous proximity)

Question 24

Elements of solicitation?

Answer 24

• Enticing, encouraging, requesting, or commanding another person;
• To commit a crime;
• With the intent that the other person commits the crime.

Question 25

Elements of conspiracy?

Answer 25

• An agreement;
• Between two or more persons (bilateral conspiracy);
• To accomplish an unlawful purpose;
• With the intent to accomplish that purpose.

Majority/federal law/MPC
requires a lawful or unlawful overt act in furtherance of the conspiracy

Question 26

Is withdrawal a defense to conspiracy?

Answer 26

• Liability for conspiracy:
• Federal/majority rule—withdrawal is possible after the agreement and before the commission of an overt act, but D must give notice to co-conspirators or give timely notice to police
• MPC/minority rule—subsequent withdrawal is possible only if D acts voluntarily to “thwart the success” of the conspiracy
• Liability for substantive crimes—for this purpose, D may withdraw by giving notice to his co-conspirators or timely advising legal authorities of the existence of the conspiracy even though such an action does not thwart the conspiracy