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Homicide
Inchoate
Causation
Defense
Theft
100
What is the main difference between 1st and 2nd degree murder, and what is another name for 2nd degree murder
1st degree murder requires premeditation and deliberation, whereas 2nd degree murder does not. 2nd degree murder = depraved heart murder
100
What is the difference between complete and incomplete attempts?
Complete: actor does everything planned, but is unsuccessful in producing the intended result Incomplete: actor does some of the acts that he sets out to do, but is prevented from completing it or desists
100
What is the difference between actual cause and proximate cause?
Actual cause: result wouldn't have happened if not for the defendant's conduct. Proximate cause: the direct and legal cause of a crime; excludes remote candidates for legal responsibility
100
What is the difference between a defense of excuse and justification?
Excuse: negates moral blameworthiness; defendant admits deed is wrong, but claims they didn't act through meaningful exercise of free will Justification: negates social harm; conduct is tolerated because harm is outweighed by need to avoid greater harm or further greater social interest
100
What are the 4 elements of common law larceny, and how is it distinct from the MPC definition?
(1) the trespassory taking, and (2) carrying away of (3) another person's property, (4) with the intent to permanently deprive? MPC doesn't require carrying away (asportation)
200
What is felony murder?
When the actor, during the commission of another felony, causes the death of another person
200
Can an actor be guilty of an attempt to commit a general intent crime?
No, an actor cannot be convicted of an attempt of a crime that does not require specific intent.
200
What is the effect of a superseding, intervening cause in regard to a defendant's responsibility of a crime, and what are the 3 forms?
Superseding cause breaks causal chain that links defendant's conduct directly to victim's harm. 1. Act of God or uncontrollable event (earthquake) 2. Act of independent 3rd party 3. Act or omission of the victim that assists in bringing about their harm
200
What is needed to establish self-defense?
Person cannot be the aggressor, must have reasonable belief harm will occur, must be in the face of imminent danger, and cannot use excessive force.
200
What is the difference between custody and constructive possession?
Possession: rightful ownership of property Custody: temporary ownership of property
300
How can murder be mitigated to voluntary manslaughter--what needs to happen, and what is the one thing that is not present in manslaughter that is present in murder?
Murder can be lessened to voluntary manslaughter by adequate provocation. Voluntary manslaughter is known as heat of passion killing. Killing must be done before actor has cooling down period, and there must be causal link between provocation and killing. Murder: malice required Manslaughter: no malice
300
How do you distinguish "preparation" from "attempt"?
Attempt is constituted if: Defendant has done all that is necessary to commit a crime, but his crime is prevented by outside forces; or If the crime will be completed unless circumstances other than the will of the Δ act to intervene.
300
How does foreseeability play into intervening causes?
If an intervening cause is foreseeable, then the defendant is still the proximate cause. If it is unforeseeable, defendant cannot be the proximate cause.
300
What are the 4 types of involuntary intoxication?
1. Coerced intoxication 2. Pathological intoxication 3. Intoxication by innocent mistake 4. Unexpected intoxication by medically prescribed drug
300
What is continuing trespass?
Initial trespass (taking with intent to steal at time of taking) continues as long as wrongdoer remains in possession of property
400
Under the Model Penal Code, what are the four levels of culpability (mens rea), how are they defined, and are they subjective or objective levels of culpability?
Purposely: behaving in a way to bring about a desired result (subjective) Knowingly: aware that result is virtually certain to occur due to your behavior (subjective) Recklessly: consciously disregards substantial and unjustified risk of causing social harm (subjective) Negligently: disregarding substantial and unjustified risk that actor should have been aware of (objective)
400
What is solicitation?
When a person attempts to induce another to commit a crime with the specific intent that the person solicited commit the crime.
400
Describe the apparent-safety doctrine and the voluntary human intervention as superseding causes?
Apparent safety: defendant not proximate cause if victim enters position of safety, after actual cause agent occurs. Voluntary human intervention: defendant not responsible if victim voluntarily, freely, deliberately, and with informed knowledge, does something to bring about their harm.
400
What is imperfect self-defense?
When the defendant is the initial aggressor, but has no intent to kill or injure seriously, and the other person escalates confrontation to point where its reasonable to kill to avoid imminent death or bodily harm.
400
How is larceny imposed on lost property, and what is the exception?
If the finder of the property takes possession for his own use, and not for the benefit of the owner, and the taker believes, or has reason to believe, that the owner of the property can be found. Unless circumstances show property has been abandoned
500
What are the 4 ways someone can be tried for murder?
1. Intent to kill 2. Intent to cause grievous bodily harm 3. Depraved heart killing (recklessness) 4. Intent to commit felony with death occurring (felony murder)
500
What is the definition of conspiracy, how does merger play into it under common law and the MPC, and how do you withdraw from a conspiracy under common law and the MPC?
Conspiracy is the mutual agreement (express or implied) between 2 or more people to commit an unlawful act or a lawful act in an unlawful manner. Under common law, conspiracy does not merge. Under MPC, conspiracy does merge Common law: An actor must manifest to co-conspirator(s) that he intends to withdraw from conspiracy. MPC: same thing, but their withdrawal must thwart the conspiracy.
500
How do omissions play into superseding causes?
Omissions do not supersede defendant's conduct. A negative act does not eliminate responsibility of a positive act.
500
What is the defense of offensive modification and non-exculpatory public policy defenses, and what is an example of each?
Offensive modification: When the actor has satisfied all elements of the offense, but he has not caused the harm the statute tries to prevent. (parent pays ransom for kidnapped child) Non-exculpatory public policy: foregoing conviction furthers society interests. Not based on lack of culpability, its for public policy. (statute of limitations; diplomatic immunity)
500
During the trespassory taking of someone's property, does the intent to steal at the time of taking matter under the common law? MPC?
Intent to steal at time of taking matters for common law; does not matter for MPC