Introduction

Question 1

Crime

Answer 1

Commission of a voluntary act
That is illegal
With the requisite state of mind

Question 2

Specific Intent

Answer 2

Requires doing an act with a specific intent or objective

Cannot infer specific intent from doing the act

Major specific intent crimes are solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first degree premeditated murder.

Question 3

Malice

Answer 3

Applies to common law murder and arson

Generally shown with (at least) reckless disregard of an obvious or high risk that a particular harmful result would occur.

Question 4

General Intent

Answer 4

Defendant must be aware that she is acting in the proscribed manner and that any attendant circumstances required by the crime are present.

Can infer general intent from doing the act.

Question 5

Model Penal Code Definitions

Answer 5

Purposely—conscious object to engage in act or cause a certain result.

Knowingly—as to nature of conduct: aware of the nature of conduct or that certain circumstances exist; as to result: knows that conduct will necessarily or very likely cause result.

Recklessly—conscious disregard of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care.

Negligently—failure to be aware of a substantial and unjustifiable risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a “reasonable person” standard of care.

Question 6

Accomplice Liability

Answer 6

Must be intentionally aiding, counseling, or encouraging the crime—active aiding, etc., required. Mere presence not enough even if by presence defendant seems to be consenting to the crime or even if defendant fails to notify the police.

If crime is one of recklessness or negligence, accomplice must intend to facilitate commission and act with recklessness or negligence.

Liability will be for the crime itself and all other foreseeable crimes.

Accessory after the fact is not an accomplice.

Question 7

Withdrawal

Answer 7

Will be an affirmative defense if prior to the crime’s commission the defendant:

Repudiated any encouragement he gave for the crime.

Neutralized his assistance if he provided material or supplies.

Or may notify police or otherwise act to prevent crime.

Question 8

Inchoate Offenses

Answer 8

Solicitation, Conspiracy, and Attempt.

Question 9

Solicitation

Answer 9

Asking someone to commit a crime with the intent that the crime be committed.

Defenses:

The refusal or the legal incapacity of the solicitee is no defense.

If legislative intent is to exempt solicitor, that is a defense.

Question 10

Conspiracy

Answer 10

An agreement;
An intent to agree;
An intent to achieve the objective of the agreement; and
An overt act (most jurisdictions).

Liability—each conspirator is liable for all crimes of other conspirators if foreseeable and in furtherance of the conspiracy

General Rule—can only withdraw from liability for future crimes; no withdrawal from conspiracy possible because agreement coupled with act completes crime of conspiracy.

M.P.C. recognizes voluntary withdrawal as defense if the defendant thwarts conspiracy (e.g., informs police).

Factual impossibility is no defense. Also, there is no merger, you can be convicted of both conspiracy and the crime conspired to.

Question 11

Attempt

Answer 11

Specific intent; and

Overt act—a substantial step in the direction of the commission of the crime (mere preparation not enough)

Factual impossibility is no defense but legal impossibility is a defense.

Abandonment generally no defense after the substantial steps have begun.

M.P.C. recognizes abandonment as defense if (i) fully voluntary and (ii) complete (i.e., not a postponement due to unfavorable circumstances).

Question 12

Insanity

Answer 12

M’Naghten test
Irresistible Impulse Test
Durham Test

M.P.C. Test: combination of M’Naghten and irresistible impulse tests.

Question 13

M’Naghten Test

Answer 13

Disease of the mind caused a defect of reason so defendant lacked the ability at time of his actions to know wrongfulness or understand nature and quality of actions.

Question 14

Durham Test

Answer 14

Crime was product of mental disease or defect.

Question 15

Intoxication

Answer 15

Voluntary intoxication is a defense if it negates “specific intent”

Major specific intent crimes are solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first degree premeditated murder.

Question 16

Self Defense as Initial Aggressor

Answer 16

DF in self-defense may be used by original aggressor only if he tries to withdraw (e.g., run for door) and communicates that withdrawal to the original victim, or if sudden escalation of violence by original victim.

Question 17

Duress

Answer 17

Defendant performs a criminal act under a threat of death or serious bodily harm to him or another.

Threat must be made by a human. Natural disasters and the like fall under necessity.

Traditionally, threat to property was not sufficient; MPC now recognizes threat to property as sufficient if harm threatened outweighs harm of criminal act.

Question 18

Mistake of Fact

Answer 18

Must negate state of mind in order to be a valid defense.

Malice and general intent crimes—mistake must be reasonable

Specific intent crimes—mistake can be reasonable or unreasonable.

Strict liability—mistake is not a defense.

Question 19

EntrapmentCriminal design originated with authorities; and

Answer 19

Criminal design originated with authorities; and

Defendant was not predisposed to commit crime.

Question 20

Common Law Murder

Answer 20

Unlawful; Killing of another human being; With malice aforethought.

Malice means intent to kill, intent to do SBI, reckless indifference, or felony murder.

Defenses include justification (self-defense) and provocation (reduces the crime to voluntary manslaughter).

Question 21

Felony Murder

Answer 21

If defendant has a substantive defense to the underlying felony, he usually has a defense to felony murder; “procedural” defenses (e.g., statute of limitations) generally no defense.

The killing must be foreseeable.

Deaths caused while fleeing from a felony are felony murder, but deaths that arise after defendant has found some point of temporary safety are not.

Majority rule—defendant is not liable for felony murder for the death of a co-felon as a result of resistance by the victim or the police.

Question 22

Voluntary Manslaughter

Answer 22

Adequate provocation; Gave rise to heat of passion; and No adequate cooling-off period.

Failed self-defense claim is voluntary manslaughter.

Question 23

Involuntary Manslaughter

Answer 23

Killing resulting from criminal negligence; or misdemeanor manslaughter.

Question 24

Causation

Answer 24

General rule—defendant is liable for all natural and probable consequences of his conduct unless the chain of causation is broken by the intervention of some superseding factor (acts of nature, coincidence, etc.).

Medical malpractice is not a superseding factor unless it is intentional malpractice or gross negligence.

Question 25

Embezzlement

Answer 25

1) The fraudulent;
2) Conversion;
3) Of personal property;
4) Of another;
5) By a person in lawful possession of that property

Question 26

False pretenses

Answer 26

1) Obtaining title;
a) If title is not obtained, the crime is larceny by trick

2) To personal property of another;
3) By an intentional false statement of a past or existing fact;
4) With intent to defraud the other

Question 27

Robbery

Answer 27

1) A taking;
2) Of personal property of another;
3) From the other’s person or presence;
4) By force or threats of immediate death or physical injury to the victim, a member of his family, or some person in the victim’s presence;
5) With the intent to permanently deprive him of it

Question 28

Receipt of Stolen Property

Answer 28

1) Receiving possession and control;
2) Of “stolen” personal property;
3) Known to have been obtained in a manner constituting a criminal offense;
4) By another person;
5) With the intent to permanently deprive the owner of his interest in it

Question 29

Burglary

Answer 29

1) A breaking;
2) And entry;
3) Of a dwelling;
4) Of another;
5) At nighttime;
6) With the intent to commit a felony in the structure

Question 30

Arson

Answer 30

1) The malicious;
2) Burning;
3) Of the dwelling;
4) Of another

Question 31

List of All Possible Defenses

Answer 31

a. Insanity
b. Intoxication;
c. Infancy;
d. Self-defense;
e. Duress or necessity;
f. Mistake of fact;
g. Consent (rare); and
h. Entrapment (rare)