For the Feb 2008 Cal Bar Exam
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| show | - Assault
- Battery
- Mayhem
- Rape
- False Imprisonment
- Kidnapping
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| Mayhem | show 🗑
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| show | - arson
- etc.
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| show | - trespassory
- breaking & entering
- of a dwelling house
- of another
- at night (common law only)
- with the specific intent to commit a felony or larceny therein
ACTUS REUS: slight intrusion into dwelling house
MENS REA: specific intent to c
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| show | - insanity
- drunkeness
- entrapment
- mistake
- age
- necessity
- duress
- prevention of a crime
- defense of others
- more
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| insanity | show 🗑
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| show | Insanity defense: disease of mind causes a defect such that D lacks ability to know wrongfulness of actions and nature/quality of act
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| insanity: Irresistible impulse | show 🗑
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| show | Crime is product of mental disease or defect (insanity defense)
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| show | D lacks substantial capacity to appreciate criminality of conduct
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| Crimes Against the Person | show 🗑
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| Mayhem | show 🗑
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| show | - arson - etc.
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| Burglary | show 🗑
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| Defenses | show 🗑
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| show | Where mental illness has a certain prescribed effects on one's mind, acts otherwise criminal are excused. - M'Naghten Rule - Irresistible Impulse - Durham Test - ALI - Diminished responsibility
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| M'Naghten Rule | show 🗑
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| insanity: Irresistible impulse | show 🗑
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| Durham test | show 🗑
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| show | D lacks substantial capacity to appreciate criminality of conduct
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| Diminished responsibility | show 🗑
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| show | One may excuse his admitted performance of an illegal act (other than one involving serious injury) by showing that he did it at the instigation of law enforcement agent. MAJORITY & FED: focuses on D's SUBJECTIVE DISPOSITION to commit the crime MINORITY
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| criminal homicide | show 🗑
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| show | - FMR felony? - merger doctrine? - elements of underlying felony present? - did killing occur during the perpetration of the felony? - was the killing FORESEEABLE RESULT of the felony? - was the killing act performed by one of the felons? + was the victi
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| show | FIRST DEGREE - intentional criminal homicide - express malice aforethought - premeditation & deliberation SECOND DEGREE - intentional criminal homicide - express or implied malice aforethought - no premeditation/deliberation - no mitigating factors
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| voluntary manslaughter | show 🗑
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| show | - unintentional homicide - no malice - intent to inflict non-serious bodily harm OR state of mind creates grossly negligent risk - misdemeanor manslaughter rule
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| show | accident killing while engaged in non-dangerous felony or misdemeanor that is malum in se
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| homicide analysis | show 🗑
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| homicide mens rea: list | show 🗑
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| criminal procedure: issues | show 🗑
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| homicide mens rea: issues | show 🗑
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| show | You intend to perform the actus reus
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| Specific Intent | show 🗑
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| show | - solicitation - attempt - conspiracy - battery - false imprisonment - mayhem - assault - rape - kidnapping - arson - larceny - larceny by trick - larceny by conversion - burglary - extortion - robbery - false pretenses - uttering - receiving stolen prope
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| show | - mens rea (specific/general intent) - actus reus - general considerations - defenses
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| solicitation | show 🗑
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| attempt | show 🗑
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| show | MENS REA: actual intent to combine + specific intent to achieve unlawful goal! ACTUS REUS: Combination or agreement for an unlawful purpose
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| show | MENS REA: either intent or criminal negligence ACTUS REUS: application of unlawful force to the person of another
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| false imprisonment | show 🗑
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| assault | show 🗑
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| show | MENS REA: actual intent or criminal negligence ACTUS REUS: sexual intercourse with a female not your wife when you know or should know it is without consent Statutory rape: strict liability, even if she consented
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| kidnapping | show 🗑
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| arson | show 🗑
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| larceny | show 🗑
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| show | use of threats of future harm with specific intent to induce another to relinquish property D had lawful right to do the threatened act: not a defense!
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| show | Larceny from the person or presence of another by the use of force or intimidation - force must be designed to effectuate the taking - property must be taken from person or presence of the victim
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| show | use of fraud to procure a temporary delivery of mere possession of another's property with intent to deprive permanently. Requires a representation of fact which you know is false, and which you intend to cause V to give it up
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| false pretenses | show 🗑
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| show | offering as genuine an instrument known to be false with intent to defraud
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| show | receiving of property knowing it to be stolen with specific intent to deprive the owner thereof
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| embezzlement | show 🗑
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| show | conversion of personal property by a person in lawful possession with specific intent to DEFRAUD
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| show | making of a false writing having apparent legal significance with intent to defraud
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| show | - insanity - drunkenness - entrapment - mistake - age - necessity - duress - prevention of a crime - defense of others - defense of property - defense of self
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| show | D lacked ability at time of his actions to know WRONGFULNESS of actions & nature/quality of act
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| insanity defense: irresistible impulse | show 🗑
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| show | Crime was the product of mental disease or defect
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| show | Mental disease causes D to lack substantial capacity to appreciate criminality of conduct or conform conduct to requirements of law
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| show | Mental illness short of insanity may be asserted in homicide case/specific intent crimes to mitigate culpability/reduce charge
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| show | Voluntary intoxication only a defense to specific intent crimes!
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| show | Honest mistake that negates the requisite mental state for any material element of the offense MISTAKE OF FACT: - depends on REASONABLENESS. - specific intent crimes: unreasonable mistake of fact is a defense! MISTAKE OF LAW: not a defense unless: - go
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| show | Modern rule: under 13 or 14
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| insanity defense: duress - murder | show 🗑
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| prevention of a crime | show 🗑
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| defense of others | show 🗑
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| show | NON-DEADLY force reasonably necessary to prevent imminent trespass to real or personal property DEADLY force only to prevent intrusion into home!
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| show | MAJORITY: no duty to retreat! MINORITY: duty to retreat unless at home
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| show | Homicide committed with malice aforethought: - actual intent to kill - actual intent to inflict grave bodily injury - wantonness - state of mind for committing inherently dangerous felony
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| show | - inherently dangerous felony? - merger doctrine - elements of underlying felony - homicide occurred during perpetration of felony - killing foreseeable result of felony? COMMON LAW: - killer can be anyone - victim can be anyone CA: - killer must be co-
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| inherently dangerous felonies: list | show 🗑
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| First degree murder | show 🗑
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| show | - intentional criminal homicides with malice aforethought but WITHOUT premeditation or deliberation - includes all murders that aren't 1st degree
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| heat of passion | show 🗑
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| criminal procedure: checklist | show 🗑
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| show | - illegal detention - illegal arrest - illegal search & seizure
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| illegal detention | show 🗑
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| show | - was D under arrest? - at moment of arrest, did police have probably cause to believe that D had committed crime?
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| search & seizure | show 🗑
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| show | - lawful arrest - limited to persons & areas within D's immediate reach
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| show | - voluntary (TOTALITY TEST) - cannot exceed scope - given by someone with authority
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| search: plain view | show 🗑
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| search: exigent circumstances | show 🗑
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| search: border searches | show 🗑
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| warrantless search: issues | show 🗑
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| show | Federal warrant requirements: - probable cause that crime is or is about to be - name persons to be overheard - conversation described with particularity - limited period and terminated when info obtained FALSE FRIENDS DOCTRINE: only one person in conver
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| show | - statement voluntary? - Escobedo - Miranda
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| show | TOTALITY OF THE CIRCUMSTANCES. Prosecution must prove voluntariness by a preponderance of the evidence.
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| show | Stuck informant in cell. After formal charges have been filed, can't obtain confession if you deny right to counsel.
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| show | - were they entitled to Miranda warning? - D given full & adequate Miranda warning? - D intelligently & knowingly waived rights? + General considerations: - statements obtained in violation of Miranda can be used to impeach! - once D invokes right to cou
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| show | - if you've been formally charged, you have right to counsel at lineup (but not photo lineup) - due process: ID can't be impermissibly suggestive Independent identification can cure it
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| 5th Amendment: right to counsel | show 🗑
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| Does right to counsel apply? | show 🗑
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| Inadequate counsel | show 🗑
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| 5th Amendment: other rights | show 🗑
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| right to pretrial release: test | show 🗑
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| show | - length of delay - reason for delay - whether D caused delay - whether delay was prejudicial
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| show | - only applies if already convicted - not "grossly disproportionate" - punishment barbaric regardless of the crime? (yes please!)
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| show | count as separate sovereignties; may be tried separately for state & federal crimes arising from same offense!
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| show | jury trial: when jury sworn bench trial: when first witness sworn
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| guilty plea | show 🗑
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Created by:
koppie
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