Criminal Law/Pro MBE Basics
Terms
undefined, object
copy deck
- Name the 10 specific intent crimes.
-
1) Solicitation
2) Attempt
3) Conspiracy
4) First degree murder
5) Assault
6) Larceny and robbery
7) Burglary
8) Forgery
9) False pretenses
10) Embezzlement - What are the two defenses for specific intent crimes?
-
1) voluntary intoxication
2) any mistake of fact even if unreasonable - What are the malice crimes?
-
1) Arson
2) Murder - What are the general intent crimes?
- All crimes not specific intent or malice
- What elements are required in a crime?
-
1) Actus reus
2) Mens rea
3) Concurrence between the two
4) Causal connection
5) Harm - What are the non-specific intent types of murder?
-
All malice crimes
1) Intent to inflict serious bodily injury and ensuing death
2) Felony murder
-unintentional murder that occurs:
-during the commission of or attempted commission of an inherently dangerous felony (BARK - burg, arson, rape, robbery, kidnapping)
3) depraved heart murder/involuntary manslaughter
-depraved heart = untinentional killing by reckless conduct
-involuntary manslaughter = unintentional killing by criminal negligent act - na
- na
- What are the levels of mens rea?
-
1) Purposely: conscious object to commit crime
2) Knowingly
3) Recklessly: knows of a substantial/unjustifiable risk and disregards
4) Negligently: fails to be aware of a substantial/unjust risk - What is aiding and abetting?
-
GR: one who aids, consels, commands, or encourages another in the commission of a crime & is present at commission, generally guilty of aiding and abetting
EX: members the statute sought to protect generally exempt from liability - What are the inchoate crimes and definitions?
-
1) solicitation: asks, encourages, requests another to commit a crime
-does not need 2 guilty minds
2) Attempt: specific intent, close proximity substantial step
3) Conspiracy: specific intent, agreement + overt act, 2 guilty minds - Where solicitor proceeds far enough to be liable for attempt, what happens?
- 1) Solicitation merges with attempt
- What is robbery?
-
Larceny + assault
-Can't be guilty of robbert and one of the LIIs -
If a mock robbery results in injuries, what crime was committed?
(a) robbery
(b) larceny
(c) assault
(d) no crime
(e) robbery, larceny, and assault -
(d) No crime because the mock robbery aspect negates all intent
-Robbery = larceny + assault, so couldn't be robbery + either of them - To what is voluntary intoxication a defense?
-
The specific intent crimes + inchoate crimes
-1st degree murder, assault, larceny, robbery, burglary, forgery, false pretenses, embezzlement - What is arson?
-
The malicious burning of the dwelling house of another
-In a least likely answer, look for lack of malice - List the elements of battery.
-
-General intent
-Completed assault - List the elements of assault.
-
2 theories:
1) attempted battery: reqs specific intent
2) threat of bodily injury: general intent - List the elements of homocide.
-
1) Intent = 4 types
a) Intent to kill
b) intent to inflict great bodily harm
c) depraved heart (highly reckless)
d) involuntary manslaughter (criminally negligent)
2) - List the elements of manslaughter.
-
Voluntary: some form of passion, provoked killing
Involuntary: criminally negligent killing or unlawful act (misdemeanor murder, unenumerated felony - not BARK) - In VA, when is it 1st Degree murder without premeditation?
- 1) The following types: lying in wait, imprisoning, starving, felony murder
- What are the elements of larceny?
-
-Wrongful taking, AND
-Carrying away
-of tangible personal property
-of another
-by trespass (w/o consent or consent by fraud)
-w/ intent to permanently deprive (must exist at taking) - What are the elements of embezzlement?
-
-Fraudulent
-Conversion
-Of personal property
-Of another
-By a person in lawful possession of that property
--Disting from larceny--
-misappropriates property of which he's in lawful possession v. larceny where misappropriates property not in lawful possession - What are the elements of kidnapping?
-
-Unlawful confinement
-involving either some movement of victim or
-concealment in a secret place - What are the elements of rape?
-
-Unlawful carnal knowledge
-of a woman
-by a man, not her husband
-without her effective consent - What are the elements of false imprisonment?
-
-Unlawful confinement
-of a person
-without his valid consent - What are the elements of false pretenses?
-
-obtaining title
-to personal property of another
-by an intentional false statement of past/existing fact (not future fact)
-with intent to defraud the other - What are the elements of robbery?
-
-a taking
-of personal property of another
-from the other's person or presence
-by force or threats of immediate death or injury
-with the intent to permanently deprive - What are the elements of burglary?
-
-a breaking
-and entry
-of a dwelling
-of another
-at nighttime
-with the intent to commit a felony in the structure - What are the elements of arson?
-
-malicious
-burning
-of the dwelling
-of another
DAMAGE REQUIRED greater than mere blackening--charring is sufficient