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PRE Criminal Law
MBE Preview
| Question | Answer |
|---|---|
| Murder- Common law | Killing of human being with malice aforethought Transferred intent is allowed |
| Murder- "Malice Aforethought" | 1. Intention to kill, or 2. Intent to inflict serious bodily injury, or 3. Intent to commit a dangerous felony, or 4. Depraved heart murder (unintentional killing results from reckless conduct) |
| Murder- Felony murder | Intent to commit a dangerous felony Unintentional killing result of inherent and serious felonies B: Burglary A: Arson R: Robbery R: Rape K: Kidnapping Agency liability: Felon is only responsible for deaths he or accomplice(s) causes |
| Murder- Manslaughter | 1. Voluntary (intentional killing in heat of passion (adequate provocation)), or 2. Involuntary (Unintentional killing results from D's criminally negligent conduct), or 3. Misdemeanor (death as a result of assault and battery) |
| Murder- Self-defense | Use reasonable force when threatened with bodily injury or harm |
| Murder- Self-defense with use of deadly force | Use when threatened with imminent and serious bodily injury or death |
| Murder- M'Naughten Rule (defense) | 1. Disease of mind, 2. Cause defense of reason, 3. Leaving D at time of his actions lacking ability to either- a. Know wrongfulness of his actions, OR b. Understand nature and quality of his actions |
| Theft- Larceny | 1. Trespassory taking (without consent), 2. Carrying away of personal property of another, 3. Specific intent to steal |
| Theft- Larceny by trick | 1. Taking through lies, deceit, or false statement (fraud) 2. Carrying away of personal property of another, 3. Specific intent to steal Mere POSSESSION obtained |
| Theft- Embezzlement | Misappropriation of property of another by one who is in rightful possession of property of another Must have availment (entrusting property in someone who converts it) |
| Theft- Property obtained by false pretense | D obtains TITLE to property by means of lies, deceit, or false statement Almost always money Cash transferred without any limitations = title |
| Accomplice liability | Someone who with intent that crime be committed helps principle before or during commission of crime |
| Accomplice liability- Common law | Absent a statute- Mere knowledge crime might result from sale of ordinary good and ordinary price is insufficient for accomplice liability |
| Attempt | 1. Specific intent to commit target offense, and 2. Substantial step in furtherance of that intent Transferred intent does NOT apply to attempt crimes |
| Arson- Common law | Malicious burning of the dwelling house of another Intent or reckless disregard to whether consequence would result |
| Burglary- Common law | Breaking and entering or entering of dwelling or house of another, at night, with specific intent to commit larceny or felony Open for business = no breaking and entering |
| Specific intent v. General intent | General: Doing an act is enough to show intent (e.g. speeding) Specific: doing an act + specific intent to do so |
| Defense of intoxication | Applies to specific intent crimes But, if form intent to commit crime first, then CANNOT use intoxication as defense |
| Conspiracy | Each person taking part in planning of a crime is guilty Agreement between two or more guilty minds |
| Conspiracy- Withdrawal from crime | Effective communication to fellow conspirators, then allowed to show no liability for crime after withdrawal |
| Defense of duress | NOT a defense for murder, but all other crimes |
| Fleeing felon | Officer may shoot fleeing felon to stop him if probable cause to believe imminent threat of serious bodily injury to officer or others |
Created by:
dmoore147
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