Crim 1

Miscellaneous

100

True or false: when an attempt is "complete" that means the target crime has always been successfully executed

False: complete attempt means all the steps were taken to complete the crime, but for some reason, the crime was not committed

200

Define the parties to a crime (Hint: there are 4)

Principal in the first degree, Principal in the second degree, Accessory before the fact, Accessory after the fact

300

What is the natural and probable consequences doctrine?

An accomplice is liable for crimes committed by the perpetrator that are the natural and probable consequences of the target crime 

400

True or false: a person can be charged with solicitation and conspiracy

False, solicitation merges into conspiracy

500

Pinkerton liability extends liability to conspirators when the crime is...

foreseeable and in furtherance of the conspiracy

Homicide

100

What are the 4 kinds of malice?

Intent to Kill, intent to cause GBI, Depraved heart, Felony 

200

What happens to a felony murder charge that is not IDHL?

Merges into involuntary manslaughter 

300

What two factors distinguish first and second degree murder?

premeditation and deliberation

400

What are the elements of depraved heart murder?

conduct was extremely dangerous to HL, D was aware of the risk to HL, D consciously disregarded that risk, no social justification

500

What are the pigeon holes for adequate provocation (voluntary heat of passion manslaughter)? 

Violent battery, mutual combat, illegal arrest, adultery (caught in the act), assault (only some courts), injury to a close relative

Other Crimes to the Person

100

What is the difference between assault and battery?

Assault is the attempt to commit battery

200

True or False: Insignificant asportation still works for kidnapping

False

300

What are the 3 types of conspiracies?

Simple, chain, wheel

400

True or false: harm must occur to the person themself to constitute battery

False

500

What is the mens rea of conspiracy? (hint: CL has two parts and CA adds a 3rd)

Intent to agree, intent to commit target crime; CA only: overt act in furtherance of conspiracy

Property Crimes

100

True or False: Burglary can only take place at night, and their body must enter the structure.

False on both terms. (tools count as well)

200

What is the common law definition of larceny?

DAILY DOUBLE: True or False: asportation must be significant

Trespassory caption and asportation of the personal property of another with intent to steal; false

300

What is the difference between robbery and larceny?

Robbery is accomplished by means of force or fear and larceny is not

400

What is the difference between robbery and extortion?

Forcing someone to change ownership under threat versus theft under threat (like taking something and leaving)

500

What distinguishes embezzlement from larceny by trick and false pretenses?

For embezzlement, possession is obtained lawfully; for larceny by trick possession is obtained through deception and the owner retains title (owner usually expects to get it back); for false pretenses is trying to change title under a false representation

Defenses

100

What is the gist of the doctrine of self defense?

• Honest belief in imminent danger of death, GBI, rape, robbery
• Honest belief that immediate use of deadly force was necessary to defend against the imminent danger
• The defender’s beliefs in 1 and 2 are reasonable
• The defender used no more force than necessary to defend
• The defender was not the initial aggressor

200

Name four examples of failure of elements defenses

mistake of fact, accident, alibi, unconscious (no actus reus), mental illness (no mens rea)

300

What is the difference in applying mistake of fact for general versus specific intent offenses?

General: must be honest /GF and reasonable; Specific: must be honest /GF but does not have to be reasonable

400

What are the elements of duress?

• D was threatened that if D refused to commit a crime, the life of D or someone else would be in immediate danger
• D believed the threat
• D’s belief was reasonable in light of the circumstances known to D

500

Explain the difference between self defense, necessity, and duress

self defense: your life was in danger; necessity: P did an unlawful act but it was the lesser of two evils; duress: D was threatened into committing a crime