General Principles of Criminal Law
What are the two primary components needed for a criminal offense?
Jurisdiction and actus reus.
What does the term 'mens rea' refer to
A guilty mind or legally proscribed mental state that a defendant must possess to commit a crime.
What are the two main types of manslaughter?
Voluntary and involuntary manslaughter.
What is the definition of larceny
Taking the personal property of another without consent, intending to permanently deprive that person of the property.
What is a common law defense for specific intent crimes involving an honest mistake of fact?
Mistake of fact.
What is the term for a physical act in the world that is required for actus reus?
Actus reus.
Which type of intent involves acting with reckless disregard for a high risk of harm?
Malice crimes.
Define 'felony murder'.
A death that occurs during the commission or attempted commission of a dangerous felony.
What distinguishes embezzlement from larceny?
Embezzlement involves initially having lawful possession of the property.
What are the four tests used to determine insanity?
M’Naghten Test, Irresistible-Impulse Test, Durham Test, MPC Test
Name one of the conditions under which failure to act can constitute actus reus.
Statutory duty, contract, special relationship, detrimental undertaking, or causation.
What does 'FIAT' stand for in the context of specific intent crimes?
First Degree murder, Inchoate crimes (Conspiracy, Attempt, and Solicitation), Assault with intent to commit battery, Theft offenses.
What distinguishes first-degree murder from common law murder
First-degree murder requires premeditation and deliberation
Define 'false pretenses'.
Obtaining title to property of another by deception or misrepresentation of a material fact.
What is the difference between voluntary and involuntary intoxication as defenses?
Voluntary intoxication can be a defense only to specific intent crimes if it prevents forming mens rea; involuntary intoxication can be a defense to general, specific intent, and malice crimes.
What type of crimes require no state of mind to be proven?
Strict liability crimes.
Define 'transferred intent' in criminal law.
When a defendant intends to harm one person but accidentally harms another, the intent transfers to the actual harm caused.
What is the 'MPC Test' for insanity
Due to a mental disease or defect, the defendant lacked substantial capacity to appreciate the wrongfulness of the action or conform conduct to the law.
What additional element does robbery include that larceny does not?
The use of violence or putting the victim in fear of imminent physical harm.
Under what circumstances can deadly force be used in self-defense?
If the defendant reasonably believes that deadly force will be used against them.
Under the Model Penal Code, what is the highest level of culpability?
Purposely
What does 'vicarious liability' mean
Holding a person liable for an actus reus committed by someone else.
Explain the 'heat of passion' defense.
A defendant acted in the heat of passion with no cooling-off period, typically due to a provocation.
Describe the crime of arson.
Malicious burning of the dwelling of another.
What defense involves committing a crime due to coercion by a third party?
Duress