Introduction

Question 1

Major specific intent crimes

Answer 1

Solicitation, attempt, conspiracy, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement, and first degree premeditated murder

Question 2

Which crimes require malice?

Answer 2

CL murder and arson

Question 3

What qualifies as malice?

Answer 3

Reckless disregard of an obvious or high risk that a particular harm would occur

Question 4

Can you infer specific intent from doing the act?

Answer 4

No

Question 5

Can you infer general intent from doing the act?

Answer 5

Yes

Question 6

What do you need in order to satisfy a general intent crime?

Answer 6

Defendant must be aware that she is (1) acting in the proscribed manner and (2) any attendant circumstances required by the crime are present

Question 7

What are the four states of mind in the model penal code?

Answer 7

(1) Purposely (2) knowingly (3) recklessly (4) negligently

Question 8

What does “purposely” mean?

Answer 8

Conscious object to engage in act or cause a certain result

Question 9

“Knowingly”?

Answer 9

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

Question 10

“Recklessly”?

Answer 10

Conscious disregard of a substantial and unuustifiable risk that circumstances exist or a prohibited esult will follow, and this disregard is a gross deviation from a RP SOC

Question 11

“Negligently”?

Answer 11

Failure to be aware of a substantial and unustifiablwe risk that circumstances exist or a prohibited result will follow, and this disregard is a gross deviation from a RP SOC

Question 12

Does accessory after the fact equate to accomplice liability?

Answer 12

No, it’s a separate lesser charge, such as helping to escape

Question 13

If one withdraws from a crime before it is committed, what must the person do?

Answer 13

(1) If she encouraged crime, must repudiate encouragement
(2) if she provided material, must neutralize the assistance
(3) OR may notify police or otherwise act to prevent crime

Question 14

What are the elements of solicitation?

Answer 14

(1) Asking someone to commit a crime with (2) the intent that the crime be committed [specific]

Question 15

Is the refusal or legal incapacity of the one solicited a defense?

Answer 15

Nope

Question 16

What are the elements of conspiracy? (4)

Answer 16

An agreement; an intent to agree; an intent to achieve the objective of the agreement; and an overt act

Question 17

Can each conspirator be liable for the crimes of other conspirators?

Answer 17

Yes, if those crimes are (1) foreseeable and (2) in furtherance of the conspiracy

Question 18

At CL, is withdrawal a defense to conspiracy?

Answer 18

No

Question 19

Re MPC, is withdrawal a defense to conspiracy?

Answer 19

Yes, if Defendant thwarts conspiracy (e.g. informs police)

Question 20

Can you be conivcted of both conspiracy and substantive offense?

Answer 20

Yes; NO MERGER

Question 21

Elements of Attempt?

Answer 21

(1) Specific Intent and (2) Overt Act (substantial step re: committing the crime, mere preparation is NOT enough)

Question 22

Which of these are valid defenses: (1) Factual impossibility, (2) legal impossibility, and (3) abandonment

Answer 22

1. Factual impossibility is no defense. 2. True legal impossibility is ALWAYS a defense, i.e. when the defendant sets out to do a LEGAL act but they believe ti to be illegal. 3. Abandonment generally no defense after the substantial steps have begun. However, MPC regonizes if (10 fully voluntary and (2) complete, i.e. not a postponement

Question 23

When can intoxication be a defense?

Answer 23

If it negates specific intent

Question 24

When may a person use deadly force? “NDF”

Answer 24

A person may use NDF in self-defense if she R believes force is about to be used on her; there is no duty to retereat

Question 25

When may a person use deadly force? "DF"

Answer 25

When she is (1) w/o fault, (2) confronted w/ unlawful force; and (3) she R believes that she is threatened with imminent death or great bodily harm

Question 26

Is there a duty to retreat before using deadly force?

Answer 26

Majority, no. Minority rule: there is a duty, except when it cannot be done safely or the person is already in their own home.

Question 27

Can the original aggressor use deadly force in self-defense?

Answer 27

Yes, but only if the agressor tries to withdraw (like run for the door) and communicates that w/drawal; or if there is a sudden escalation of violence by original victim

Question 28

When is mistake of fact a defense? Specifically, against (1) malice and general intent crimes? (2) specific intent crimes, and (3) SL?

Answer 28

The mistake must negate the state of mind. (1) for malice and general intent, mistake must be R. (2) for specific intent crimes, mistake can be R or UnR. For SL, mistake is NOT a defense.

Question 29

Re: Felony Murder, do deaths caused while fleeing from a felony qualify as felony murder?

Answer 29

Yes, but deaths that occur after defendant has found a temporary safety point are NOT felony murder

Question 30

MAJ rule: is the defendant liable for felony murder for the death of a co-felon?

Answer 30

No, felons are not guilty of felony murder for the deaths of co felons that are the result of resistance byt the victim or acts of the police

Question 31

What are the elements of voluntary manslaughter?

Answer 31

(1) Adequate provocation; (2) which gave rise to a heat of passion; and (3) no adequate cooling-off period

Question 32

What are the two types of involuntary manslaughter?

Answer 32

(1) killing resulting from criminal negligence; or (2) misdemeanor manslaughter

Question 33

If a self-defense claim fails, what type of manslaughter is it assumed to be?

Answer 33

Voluntary

Question 34

Elements of battery:

Answer 34

1. unlawful application of force to another | 2. resulting in harmful or offensive touching

Question 35

Elements of assault

Answer 35

1. intent to commit battery OR | 2. intentioanl creation (other than mere words) of a R apprehension in the mind of the victim of imminent bodily harm

Question 36

Elements of false imprisonment

Answer 36

1. unlawful 2. confinment of a person 3. w/o his valid consent

Question 37

Elements of kidnapping

Answer 37

1. some movement or concealment of a victim in a "secret" place * **some courts hold that 'kidnapping' is committed when the vic is moved during a crime to a loction that places her in more danger

Question 38

Elements of larceny

Answer 38

1. taking 2. and carrying away 3. of tangible personal property 4. of another with possession 5. by trespass 6. with intent to permanently deprive that person of her interest in the property

Question 39

Elements of false pretenses

Answer 39

1. obtaining title (if title is NOT obtained, it's 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 40

Elements of burglary

Answer 40

(1) a breaking 2. and entry 3. of a dwelling 4. of another 5. at nightitme 6. with the intent to commit a felony in the structure

Question 41

elements of arson

Answer 41

1. the malicious 2. burining 3. of the dwelling 4. of another