Inchocate
What are the two Varieties of Attempts and explain them.
Complete but Imperfect - All acts but fails to complete criminal act
Incomplete - All or some acts, but quit or are prevented from continuing or completing the criminal act.
What are the categories of Defences? Explain them.
-Justification
-Excuse
-Specialised
-Extrinsic
What are the basic larceny elements at common law?
-A trespassory - Circumstance
-Caption (Taking) - Conduct
-Asportation (Carrying Away) -Conduct
-Of personal property - Circumstance
-With intent to deprive (MR)
Explain the difference between actual and constructive possession.
Actual - On person
Constructive - In spatial proximity and has the power and intent to exercise control over it (which requires knowledge of the item).
What are the four categories of "Malice Aforethought" killings?
-Intent to kill
-Grevious Bodily Harm
-Depraved Heart
-Felony Murder
What is the Pinkerton Doctrine?
Each member of a conspiracy is liable for the acts of the others in carrying out the purpose.
Explain the defence of property and the differences between that and defence of habitation at Common Law.
Property - Deadly force cannot be used. Proper remedy is through court for getting property back
-Habitation - Deadly force can be used if reasonably necessary under the circumstances.
Explain the difference between false pretences, embezzlement, and receiving stolen property.
-Embezzle - Using position of trust to convert property to oneself
-False Pretences - False representation of facts with intent to cheat or fraud
-Receiving Stolen Property - Knowingly receiving stolen possession and control of personal property of another w intent to permanently deprive
What are the mens rea requirements for drug possession? In what state is it different and what is the difference?
Dual intent -
-Possession of substance
-Illicit Nature of the Substance
-Florida amendment - No need to show knowledge as to illicit nature
People v Knoller - Dog killing case. Both were extremely reckless and had extreme indifference to the value of human life.
Under what circumstances can you not be an accomplice to a crime and explain? Also what MPC section is Accomplice Liability?
When you are:
-A victim
-The accident was inevitably incidental
-Defence of Abandonment
-MPC Section 2.06.
What are the elements of Common Law Self-Defence? Explain them. Also talk about retreat, deadly force, and battered women syndrome
-Necessity
-Proportionality
-Reasonable Belief
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Explain Common Law and MPC Robbery.
Common Law - Aggravated form of larceny, which is an offence against the property and the person. Taking another's personal property by force or through fear,
MPC - Guilty of robbery if in course of conduct actor:
-Inflicts bodily injury, threatens to, or threatens to commit an immediate felony
Must you be knowing as to the weight of the drugs?
Yes, under People v Ryan, the court did an MPC style analysis and determined that the mens rea element applies to all elements of the crime including the weight.
Explain the difference in the Schrader and Morrin standards for premeditation.
Schrader - Deliberated and Premeditated, and need only exist for an instance.
Morrin - Premeditate means to think about beforehand; to deliberate and measure + evaluate the major facets of choice. It means long enough to afford reasoned person time to subject action to a second thought.
Explain the actus reus and mens rea of common law attempt. Include the tests, and any relevant cases.
Actus Reus - Causing some social harm. Few tests:
-Proximity - Physical, Dangerous, Indispensible evi, Probable Desistence
-Res ipsa Loquiter
-Mens Rea - Dual intent
-Commit actus reus
-Carry out the target crime.
-Relevant case People v Gentry
What is the difference between Duress and Necessity. Also explain the differences between MPC and Common law of both
-Duress MPC - Sec. 2.09. Threat of other.
-Necessity MPC - Sec. 3.02. Done to prevent significant evil.
-Natural forces at common law
Explain the elements of Burglary under common law and the MPC.
Common Law:
-Breaking and Entering
-Dwelling of Another
-During Nighttime
-With intent to commit felony therein
MPC: Sec 221
-Enters building or occupied struct
-W purpose of committing crime therein
What is the three prong test under Benniefield used for and what is the test?
Three pronged test for location enhancement:
-Genuine or substantial reason to differentiate
-Is the differentiation relevant to the law
-Is the objective of the law legitimate for the state
What are Sec 210.2, 210.3, and 210.4 under the MPC and explain the requisite mental states you must have under each.
210.2 - Murder: Purpose (Conscious Object), Knowledge (Almost Certain), and Recklessness (EVIHL)
210.3 - Manslaughter: Knowingly (EMED) or Recklessness
210.4 - Negligent Homicide: Negligence
Explain MPC and Common Law Conspiracy, and the differences between them.
CL -
-Merger
MPC - Sec. 5.03
-No merger
Explain the difference between Common Law and MPC Self-Defence.
MPC - 3.04. IMMEDIATELY NECESSARY, no resisting unlawful arrest and using SD, no reasonableness just subjective belief.
Common Law - Imminent, subjectified-objective reasonableness
What crime is under Sec. 223.6 of the MPC
Receiving Stolen Property
Name all the cases studied under Drug Crimes
-Keir v State
-US v Hunte
-Garcia v Florida
-State v Pigford
-Whitaker v People
-People v Ryan
-State v Benniefield
-Whatley v State
When was the felony murder rule abolished in UK?
How about Ireland?
IRE - 1964