Criminal Law; Homicide and Inchoate

Dead Body!

100

This type of homicide can be performed in four different ways, according to the common law.

1) Intent to Kill

2) Inent to Inflict Serious Bodily Harm

3) Felony Murder

4) Depraved Heart 

200

This type of murder occurs during one of five dangerous felonies...which are...? 

Hint: Dogs do this. 

Felony Murder (BARRK)

1) Burglary

2) Arson

3) Rape

4) Robbery

5) Kidnapping 

300

T/F: The Defendant knows/should know of the actions that cause this murder are somewhat....reckless

Depraved Heart- Reckless disregard of human life 

400

Define the elements of Intent to Kill

1) Premeditated

2) Specific Intent 

500

You don't have to want to kill someone to commit this type of murder. 

Intent to Inflict Serious Bodily Harm

Dead Body! Not Intentional Though

100

Voluntary and Involuntary are the two and only two versions of this type of homicide

Manslaughter

200

T/F: Involuntary manslaughter includes Child Neglection

True: Child Neglection occurs when the parent does not give care to a child.

300

"Unfaithful" is a movie that explains the elements of this type of manslaughter

Hint: Catching your spouse in an affair

Voluntary Manslaughter:

1) Adequate provocation

2) Heat of passion

3) No time to cool off

400

T/F: The elements of Imperfect Self-Defense, which is considered as Voluntary Manslaughter include:

1) Use of excessive force

2) Reasonable amount of force

False: Imperfect Self-Defense includes:

1) Use of excessive force

2) Honest belief

500

Unlike Depraved Heart which requires recklessness, this type of murder requires NEGLIGENT conduct causing death

Involuntary Manslaughter

It's Worth The Attempt..?

100

T/F: Attempt merges into any underlying crime when the crime occurs

True. 

200

According to John Grossman, if you have a question about an attempted crime, your focus should be on:

Attempt only. 

300

Elements of an Attempt

1) Intent to commit crime

2) Overt Act/Substantial Step

400

Going to a gun store, purchasing the gun, and travelling to a victim's home is an example of THIS element of Attempt

Overt Act/Substantial Step.

500

T/F: Once the attempt is established, a defendant can withdraw afterwards.

False

Conspiracy Theories (In Legal Terms)

100

Under the MPC, in order to withdraw from a Conspiracy, one must:

1) Give timely notice

2) Perform an affirmative act to thwart the success of the conspiracy

200

The three elements of Conspiracy include:

1) Two or more people

2) Specific Intent to commit a crime

3)_________

3) Agreement

300

T/F: A Defendant can withdraw from Conspiracy and its underlying crime

False: A Defendant can withdraw with timely notice before the crime is committed for the UNDERLYING crime ONLY, not the crime of Conspiracy itself.

400

This is the fate of a Co-Conspirator

Guilty of all other crimes committed in futherance of a conspiracy (unless timely withdrawal)

500

This is the Unilateral Conspiracy, as defined by the MPC (Model Penal Code)

Only one person has to agree for there to be a true conspiracy.

No Soliciting!

100

T/F: Solicitation is to suggest to another to commit a crime. For example, mentioning it briefly to a friend and then moving on in conversation.

False: Solicitiation is to encourage, urge, or incite another to commit a crime

200

This is the MPC definition of Solicitation

Requesting another to commit any offense (misdemeanors and felonies)

300

T/F: You can withdraw from a solicitation

False. There is no withdrawal of solicitation 

400

Solicitation is this type of crime

Specific Intent.

500

Solicitation does this with an underlying crime

Merges.