Crim Law

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Crim Law
2010-01-03 02:12:56
Criminal Law

Bar Review
Show Answers:

  1. Solicitation
  2. 1. Inciting, counseling, urging another to commit a crime
    2. Intent that person solicited commit the crime
  3. Conspiracy (S)
  4. 1. 2 or more persons
    • 2. Intent to agree
    • 3. Intent to achieve objective of agreement
    • 4. Overt act, or mere preparation
  5. Attempt (S)
  6. 1. Act w/intent to commit a crime, but short of completion &
    2. Substantial step: mere preparation is insufficient
  7. Battery (G)
  8. 1. Unlawful force
    • 2. Result in bodily injury/ offensive touching
    • 3. To the person of another
  9. Assault (S)
  10. 1. Attempt to commit battery
    • 2. Intent to cause
    • 3. Reasonable apprehension
    • 4. Of immediate harmful offensive contact
    • 5. To P’s person
  11. Murder
    killing of another w/malice aforethought

    • 1. Intent to kill
    • 2. Intent to inflict great bodily harm
    • 3. Depraved heart: unintentional killing resulting from conduct that would cause death/great bodily injury (reckless indiff to life)
    • 4. Felony murder: foreseeable killing caused during commission or attempted commission of a inherently dangerous felony.
  12. 1st Degree Murder (S)
  13. W/premeditation and deliberation, felony murder
    Defense: intoxication, mitigated to 2nd degree murder
  14. V. Manslaughter
  15. 1. Homicide w/ reasonable & adequate provocation
    2. W/no sufficient time to cool off
  16. Imperfect Self-defense
    murder is reduced to manslaughter even though D was at fault in starting altercation or D unreasonably but honestly believed in necessity of responding w/deadly force
  17. Diminished capacity
  18. short of insanity reduce murder to manslaughter.
  19. Inv. Manslaughter
  20. 1. Homicide committed w/criminal negligence or
    2. During the commission of unlawful act
  21. False Imprisonment (G)
  22. 1. Unlawful confinement, substantially interfere w/victim’s liberty, w/o consent
  23. Kidnapping (G)
  24. 1. Unlawful confinement involving either
    2. Some movement of the victim or concealing victim in secret
  25. Rape (G)
  26. 1. Intercourse by man (not husband) w/woman w/o consent
  27. Larceny (S)
  28. 1. Taking and carrying away of
    • 2. Personal property of another
    • 3. By trespass (w/o consent)
    • 4. W/intent to permanently deprive
  29. Robbery (S)
  30. 1. Taking of
    • 2. Personal property of another
    • 3. Fm the other’s person or presence
    • 4. By force or threats of immediate death/physical injury
    • 5. W/intent to permanently deprive.
  31. Embezzlement (S)
  32. 1. Fraudulent conversion of
    • 2. Personal property of another
    • 3. By a person in lawful possession
  33. False Pretenses (S)
  34. 1. Obtaining title to($)
    • 2. Personal property of another
    • 3. By intentional false statement
    • 4. W/intent to defraud
  35. Larceny by trick
  36. victim is tricked – by a misrepresentation of fact – into giving up possession of property. If victim is tricked into giving up title to property, crime is false pretenses.
  37. Extortion
  38. Obtaining property by means of threats to do harm or to expose info
  39. Receipt of Stolen Property
  40. 1. Receiving possession and control
    • 2. Of stolen personal property
    • 3. Known to have been obtained criminally
    • 4. By another person
    • 5. W/the intent to permanently deprive
  41. Burglary (S)
  42. 1. Breaking and entering (w/force)
    • 2. Of a dwelling of another at night (CLR)
    • 3. W/intent to commit a felony in the structure
  43. Arson (M)
  44. 1. Malicious burning (charring)
    2. Of a dwelling of another (CLR)
  45. Insanity
  46. 1. M’Naghten Rule: D did not know his act was wrong or not understand the nature and quality of his actions
    • 2. Irresistible impulse: unable to control his actions or to conform his conduct to law
    • 3. Durham: actions is a product of mental illness
    • 4. ALI MPC: D lacked the substantial capacity to either
    • a. Appreciate the criminality of his conduct or
    • b. Conform his conduct to the requirement of law
  47. Intoxication
  48. 1. Invol. Intoxication: has same legal effect of insanity. Defense to all crimes, including strict liability
  49. Infancy
  50. < 7 yrs of age: no liability
    7-14: rebuttable presumption child was unable to understand wrongfulness of his acts
  51. Self-defense
    May use force reasonably appear necessary. May use deadly force when threaten w/imminent death/great bodily harm
  52. Defense of others
    D has right to defend others if she reasonable believes that the person assisted has the legal right to use force in his own defense.
  53. Defense of dwelling
  54. Only nondeadly force
  55. Defense of other property
    Only nondeadly force may be used when in pursuit of the taker, force cannot be used to regain property wrongfully taken
  56. Crime Prevention
  57. Nondeadly force: to prevent felony/serious breach of the peace. Deadly force: to prevent dangerous felony involving risk of life.
  58. Use of force to effectuate arrest
  59. Nondeadly force: police may use if reasonably nec to arrest
    Deadly force: if nec to prevent felon’s escape & felon threatens death/serious bodily harm
  60. Resisting arrest
  61. Nondeadly force: to resist an improper arrest even if known police is making that arrest.
    Deadly force: if person does not know person arresting him is a police
  62. Necessity
    Person reasonably believed that commission of the crime was nec to avoid an imminent and greater injury to society than that involved in the crime. Objective test, not good faith.
  63. Excuse of Duress
    Defense to a crime other than a homicide that D reasonably believed another person would imminently inflict death/great bodily harm upon him or a member of his family
  64. Mistake of fact
  65. Relevant to criminal liability only if it shows that D lacked state of mind required. Applies to all crimes, except strict liability
    • 1. Specific intent: any mistake, reasonable/unreasonable
    • 2. General intent/malice: reasonable mistakes only
  66. Entrapment
  67. 1. Criminal design originated w/police and
    2. D was not predisposed to commit the crime prior to contact by the govt.