Simple definitions

Question 1

Larceny

6 parts

Answer 1

The

1. Trespassory
2. Taking
3. and carrying away
4. of the personal property
5. of another
6. with intent to permanently deprive (steal)

Question 2

Embezzlement

5 parts

Answer 2

1. A fraudulent
2. conversion of
3. the property
4. of another
5. by one who is already in lawful possession of it

Question 3

Battery

4 parts + simplified 2 parts

Answer 3

1. Unlawful
2. Application of force
3. To the person of another
4. That results in bodily harm or offensive contact

NOTE: battery is general intent - intent to cause injury not necessary

SIMPLIFIED:

1. Bodily injury; or
2. Offensive touching.

Question 4

Recklessness

Answer 4

The conscious disregard of a known risk.

“knew risk and ignored”

Question 5

Negligence

Answer 5

Failure to use the care that a normally careful person would in a given situation.

“should have known risk”

Question 6

Elements of a crime

Answer 6

1. a voluntary act (actus reus)
2. culpable intent (mens rea)
3. concurrence between actus reus and mens rea
4. causation (cause in fact and legal/proximate cause)

Question 7

Proximate cause

Answer 7

Natural and probable consequences of an act.

Question 8

Malice

Answer 8

Required for murder

Intentionally - to kill or inflict grievous bodily harm; or

recklessly (knew risk and ignored)

Question 9

Defenses to express malice

Answer 9

1. Provocation (sudden heat of passion)
2. Diminished mental capacity
3. Imperfect self-defense

Question 10

Voluntary manslaughter

Answer 10

Presumptive murder downgraded due to evidence of extreme emotional disturbance (erases malice)

Question 11

Involuntary manslaughter

Answer 11

1. Unintentional killing from recklessness not with a wanton disregard for human life; or
2. Killing from gross negligence (culpably/criminally negligent conduct)

Question 12

Gross negligence

Answer 12

Criminally/culpably negligent conduct

Question 13

Felony murder

Answer 13

Malice implied from malum in se conduct (BARRK crime causes dealth)

Question 14

Implied malice murder

Answer 14

1. Reckless (knew risk/ignored) or negligence (should have known risk); AND
2. Evidence of a wanton disregard of life (depraved heart)

Question 15

Classifying criminal homicides

Answer 15

1. Intentional killing: think murder, then look for eraser (provocation, diminished mental capacity, imperfect self-defense)
2. Unintentional killing: think manslaughter, then look for an escalator (Reckless/negligent, plus wanton disregard/DHM, OR implied malice (

Question 16

Types of homicides (6)

Answer 16

1. Premeditated murder (I.)
2. Felony murder (U.I. inherently dangerous felony BARRK)
3. Intent to inflict serious bodily injury (IISBI / GBH) murder (U.I.)
4. Depraved heart murder - U.I. unintentional but reckless
5. Voluntary manslaughter (I. HOP AP / reckless, not a wanton disregard VHL / ISD)
6. Involuntary (U.I.) - criminally negligent (lowest level

Note: 2 I., 4 U.I. (twice as many unintentional)

Question 17

Larceny-by-trick - crime of what, and contrasted to what other crime?

Answer 17

Crime of possession - is Larceny where possession is obtained by FRAUD or DECEIT

Contrasted with FALSE PRETENSES, which is where TITLE is obtained (as opposed to possession)

Question 18

False pretenses - definition (5 parts)

Answer 18

1. Obtaining title
2. To the personal property of another
3. By intentional false representation (where V relied upon false representation, and that reliance caused title to pass to D / D must intend for V to rely on false representation)
4. Of a material past or present fact (no opinion)
5. With intent to permanently deprive

Question 19

Assault (5 parts)

Answer 19

1. Intentional creation
2. of reasonable apprehension
3. of imminent bodily harm
4. in the mind of another; AND/OR
5. Attempted battery

Question 20

False pretenses / Larceny-by-trick

5 parts, and distinguish the difference between them

Answer 20

1. Obtaining title / possession
2. To/of the personal property of another
3. By an intentional false representation (NOTE; Victim must rely upon false representation AND D must have known it was false)
4. Of a material past or present fact
5. With intent to permanently deprive

NOTE: LBT is possession of, not title to, otherwise LBT and FT operate in the same manner

Question 21

Self-defense requirements (5 parts)

Answer 21

1. RESISTING unlawful force
2. Force must not be EXCESSIVE
3. DEADLY force may only be used against deadly force
4. D may not be the AGGRESSOR
5. D must not be in a position to RETREAT

Question 22

Kidnapping definition

False imprisonment definition

Answer 22

Unlawful confinement of another, accompanied by moving or “secreting” him

Unlawful confinement with no means of escape

Question 23

Pinkerton rule - basic concept

Answer 23

Co-conspirator of a crime is vicariously liable for the crimes committed by co-conspirators that are foreseeable in furtherance of the conspiracy.

Modern law - most states require an overt act in furtherance of the conspiracy by one of the co-conspirators.

Question 24

Accomplice

Answer 24

One who knows of the crime and aids, abets, encourages or assists the principal of the crime.

Question 25

Requirements of conspiracy (3 parts)

Answer 25

1. Agreement 2. Criminal objective 3. Culpable intent (mens rea)

Question 26

Attempt - requirements under common law and MPC

Answer 26

Common law: Proximity test (how far away from completing the intended crime) MPC: Substantial step test (a step in the direction of completing the crime)

Question 27

Conspiracy withdrawal - MPC vs. common law

Answer 27

MPC allows withdrawal if voluntary and steps to thwart the plan are taken (contact police) Common law does not allow withdrawal - the conspiracy is made upon agreement between parties

Question 28

Conspiracy formation - Common law vs. MPC treatment

Answer 28

Common law: requires mere agreement by both parties MPC: requires an overt act (easier to satisfy than "substantial step" required for accomplice liability), but may be satisfied by one party where the other feigns agreement (undercover officer) Note: MPC does not require overt act for serious crimes (only for minor crimes)

Question 29

Accomplice liability - MPC vs. common law

Answer 29

MPC requires only intent to aid or abet (focusing on the mens rea) Common law requires actual aid

Question 30

Is D guilty of murder under conspiracy theory

Answer 30

Yes, but only where it is 1) within the scope of the conspiracy; AND 2) is a reasonably foreseeable outgrowth of it (MPC Sec. 2.06(3))