Criminal Law Wrong Answers

With robbery, may force or threats be used either to gain possession of the property or to retain possession immediately after such possession has been accomplished?

yes

What are the four types of MPC intent?

1. purpose

2. knowledge

3. negligence

4. recklessness

What does it mean for D to do something “purposely” under the MPC?

It’s D’s conscious object to cause a result

What does it mean for D to do something “knowingly” under the MPC?

D is aware their conduct will or is likely to cause a result

What are the specific intent crimes?

• Hint: Students Can Always Fake a Laugh, Even For Ridiculous Bar Facts

1. solicitation

2. conspiracy

3. attempt

4. first degree premeditated murder

5. assault

6. larceny

7. embezzlement

8. false pretenses

9. robbery

10. burglary

11. forgery

Is involuntary intoxication a valid defense to larceny?

Yes. Since larceny is a specific intent crime, if D truly thinks the property is theirs because of intoxication, they can’t be guilty of larceny.

What intent is required for attempted murder?

intent to kill

What intent is required for robbery?

intent to permanently deprive

Is mistake a valid defense to robbery?

yes, because there would be no intent to permanently deprive

What is the intent required for conspiracy under the common law?

2 people must have a guilty mind

What is the intent requirement for conspiracy under the MPC?

1 person have criminal intent

When is a conspirator liable for the acts of other conspirators?

When

1. the other conspirators’ crimes were committed in furtherance of the conspiracy; and

2. the crimes were natural or probable consequences of the conspiracy

How can a member of a conspiracy limit their liability to the conspiracy?

1. withdraw; and

2. act to stop the crime

What are the 4 kinds of malice aforethought for murder?

1. intent to kill (1st degree);

2. intent to inflict great bodily injury (2nd degree);

3. reckless indifference to an unjustifiably high risk to human life (2nd degree); or

4. intent to commit a felony (felony murder)

Does an intervening foreseeable act, such as medical negligence in the hospital after D causes P injury, break causation for homicide?

No, its foreseeable that someone could get more hurt in the hospital after being injured initially

What is asportation?

carrying away

What are the elements of burglary?

1. breaking and entering;

2. into the dwelling of another;

3. at night;

4. without permission;

5. with the intent to commit a felony

Under the majority view, is a co-felon liable for the murder of another co-felon form resistance by victims?

no, criminal liability for murder cannot be based on the death of a co-felon from resistance by the victim or police pursuit.

At what point in the course of robbery is a defendant liable for robbery?

when they have gone further than mere preparation of the crime

Can a landlord be liable for arson or burglary towards the house they own if a tenant has possession?

Yes. the element “of another” of those crimes requires occupancy of someone else, not ownership.

When may a person use deadly force in self-defense?

When:

1. D is without fault;

2. D confronted with unlawful force; and

3. D reasonably believes he is confronted with imminent death or great bodily harm

When may a person use deadly force to prevent the commission of a crime?

when it is an inherently dangerous felony

When a suspect being interrogated requests an attorney, are police required to stop interrogations for all crimes, even unrelated?

Yes, a request for an attorney applies to all subsequent interrogations, which should cease upon the request

When is a co-defendant’s confession inadmissible to implicate another co-defendant?

When they are interlocked, and the confessing co-D refuses to testify, because it robs the non-confessing co-D of their right to confrontation