Criminal Law Bar Exam

Front 1

four levels of culpability

Back 1

purposely

knowing/willful

reckless

negligent

Front 2

mistake of fact is a defense to ___ intent crimes only if ___. It is a defense to ___ intent crimes ___. It ___ a defense to strict liability crimes.

Back 2

general; it is a reasonable mistake; whether or not reasonable; is not

Front 3

mistake of law is generally ___, except when detrimental reliance on an___, the statute prohibiting a ___ crime was not made ___, or honest mistake abt. the law negates___.

Back 3

not a defense

authoritative exposition of the law (not just that of a bad lawyer) caused the mistake

malum prohibitum; reasonably available

the mens rea

Front 4

states have jurisdiction over an out-of-state crime when (4)

Back 4

it was an attempt to commit crime in the state

some overt act in furtherance of a conspiracy took place within the state (in which case all conspiratorial acts are within its jurisdiction)

inchoate crimes in the state preparing for criminal activity out of state when both states recognize the crime

failure to perform a duty imposed by the state (pay taxes even though on vacation, etc.)

Front 5

a person is an accomplice in the commission of an offense if ( majority and minority) ...

Back 5

he acts with the purpose of promoting or facilitating the commission of the offense (maj.). Minority rule: if he knows of the criminal intent of the principal and assists him, whether or not the assistance is intended

Front 6

an accomplice is liable ___ extent as the principal, including for other crimes for which the accomplice provided no assistance if ___.

Back 6

to the same; they are the natural and probable consequences of the accomplice's conduct.

Front 7

To legally withdraw, an accomplice must

Back 7

(i) repudiate prior aid, (ii) do all that is possible to countermand prior assistance, and (iii) do so before the chain of events is in motion and unstoppable.

Front 8

an accessory after the fact ___ guilty of the felon's crime, and may be guilty of ___.

Back 8

is not; the separate crime of "obstruction of justice," "harboring a fugitive," or "misprision"

Front 9

M’Naghten test

Back 9

defendant is not guilty if, because of a defect of reason due to a mental disease, the defendant did not know either (i) the nature and quality of the act or (ii) the wrongfulness of the act.

Front 10

irresistible-impulse test

Back 10

defendant is not guilty if he lacked the capacity for self-control and free choice because mental disease or defect prevented him from being able to conform his conduct to the law.

Front 11

Durham rule

Back 11

not guilty if the unlawful act was the product of the defendant’s mental disease or defect and would not have been committed but for the disease or defect. This is the “but-for” test.

Front 12

Model Penal Code test (insanity)

Back 12

not guilty if, at the time of the conduct, he, as a result of a mental disease or defect, did not have substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to the law.

Front 13

voluntary intoxication is a defense only if

Back 13

it prevents the formation of the requisite mental state (usu. for specific intent crimes or crimes that require purpose/knowing but not for malice crimes--murder, arson)

Front 14

involuntary intoxication

Back 14

may also be a defense to general intent crimes if it defeats an element of the crime

Front 15

CL infancy defense: less than 7 yrs old --> ___; 7-14 --> ___; 14 and up -->

Modern trend: may not be charged as adult until

Back 15

no crime; rebuttable presumption against crime; could be charged as adult; statutory age is reached

Front 16

CL murder:

Back 16

the unlawful killing of another living human being with malice aforethought.

Front 17

In CL murder context, malice can be shown by any one of the following states of mind:___.

Back 17

(i)intent to kill, (ii) intent to do serious bodily injury, (iii) reckless indifference to human life (depraved-heart murder), and (iv)intent to commit an inherently dangerous felony (felony murder)

Front 18

Felony murder is an unintended killing proximately caused by and during the commission or attempted commission of ___. The felonies traditionally considered inherently dangerous include mainly: ___. In addition, in most states, any aggravated felony committed with ___ is subject to the felony-murder rule.

Back 18

an inherently dangerous felony; Burglary, Arson, Rape, Robbery, and Kidnapping. [Mnemonic: BARRK].

the use of a dangerous weapon

Front 19

A minority of jurisdictions have enacted statutes explicitly allowing cumulative punishment for both the felony murder and the underlying felony; while these statutes have been held to pass constitutional muster, for purposes of the bar exam, you should assume that ___. Assume that the underlying crime merges with the felony murder.

Back 19

cumulative punishment violates Double Jeopardy

Front 20

defenses to felony murder:

i) A ___ to the underlying felony;ii) The felony was not ___ (e.g., aggravated battery);iii) Death was not ___ (i.e., there was no proximate causation); oriv) Death occurred ___.

Back 20

valid defense; independent of the killing itself; a foreseeable result ("natural and probable consequence") of the felony; after the commission of the felony and the ensuing flight from the scene of the crime

Front 21

First-degree murder is a ___ crime, whereas second-degree murder, like common-law murder, is a ___ crime, including the intent to do ___ injury or a ___ murder.

Back 21

specific-intent

malice

great bodily

depraved-heart

Front 22

Adequate provocations forvoluntary manslaughter include ___.

Back 22

any situation that would inflame the passion of a reasonable person to the extent that it would cause that person to momentarily act out of passion rather than reason.

Front 23

Involuntary manslaughter is an unintentional homicide committed with ___ or during ___.

Back 23

criminal negligence or during an unlawful act.

Front 24

criminal negligence: between ___ and ___.

Back 24

ordinary tort negligence and extreme recklessness

Front 25

"unlawful act" for involuntary manslaughter purposes includes

Back 25

malum in se misdemeanors and non-listed felonies

Front 26

Larceny:

Back 26

the i) Trespassory (unconsented);ii) Taking and;iii) Carrying away (i.e., moving even a little bit);iv) Of the personal property;v) Of another;vi) With the intent to permanently deprive that person of the property (i.e., intent to steal).

Front 27

“continuing trespass” rule: the original trespass is deemed to be “continuing” in order for the criminal act to coincide with the criminal intent, e.g.,
___.

Back 27

a taking with the intent to borrow and return the property

Front 28

Property that has been lost by its owner or mistakenly delivered can be the subject of larceny if, at the time of the finding, the finder ___.

Back 28

believes that he can locate the owner or realizes a mistake has been made and, instead of rectifying the situation, chooses instead to take the property.

Front 29

larceny by trick occurs when one

Back 29

obtains possession of, but not title to, property owned by another through fraud or deceit, intending to unlawfully convert and later doing so

Front 30

Forgery is the:

Back 30

i) Fraudulent;ii) Making;iii) Of a false writing;iv) With apparent legal significance; andv) With the intent to defraud (i.e., make wrongful use of the forged document).

Front 31

Embezzlement is the:

Back 31

i) Fraudulent;ii) Conversion;iii) Of the property;iv) Of another;v) By a person who is in lawful possession of the property.

Front 32

False pretenses requires:

Back 32

i) Obtaining title to the property; ii) Of another person; iii) Through the reliance of that person; iv) On a known false representation of a material past or present fact; and v) The representation is made with the intent to defraud.

Front 33

Robbery is:

Back 33

i) Larceny;ii) From the person OR PRESENCE of the victim;iii) By force or intimidation (threat must be of immediate serious physical injury to a person).

Front 34

extortion is

Back 34

the taking of money or property from another by threat.

Front 35

Common-law burglary is the:

Back 35

i) Breaking and;ii) Entering;iii) Of the dwelling;iv) Of another;v) At nighttime;vi) With the specific intent to commit a felony therein.

Front 36

the felony that is an element of burglary [does/does not] merge with the burglary

Back 36

does not

Front 37

Arson is the:

Back 37

i) Malicious (including reckless disregard);ii) Burning;iii) Of the dwelling;iv) Of another.

Front 38

Possession of a prohibited object/substance ... is unlawful if ___.

Back 38

the defendant exercises control over such object or substance

Front 39

Receiving Stolen Goods

Back 39

i) Receiving control of stolen property;ii) Knowledge that the property is stolen; andiii) Intent to permanently deprive the owner of the property.

Front 40

Aggravated battery / CL Mahem

Back 40

when battery inflicts serious bodily injury or bodily injury is caused by the use of a deadly weapon.

Front 41

Kidnapping is the:

Back 41

i) Unlawful;ii) Confinement of a person;iii) Against that person’s will;iv) Coupled with either:a) The movement; orb) The hiding of that person.

Front 42

Rape is:

Back 42

i) Unlawful;ii) Sexual intercourse;iii) With a female;iv) Against her will by force or threat of immediate force (bodily harm).

Front 43

Does fraud negate consent?

Back 43

Only fraud in the factum (e.g., medical exam); not fraud in the inducement (e.g., I will marry you).

Front 44

Which of the following merge with the completed crime: solicitation, attempt, conspiracy.

Back 44

solicitation and attempt

Front 45

Solicitation is

Back 45

i) Enticing, encouraging, or commanding of another person;ii) To commit a crime;iii) With the intent that the other person commits the crime.

Front 46

voluntary renunciation may be a defense to solicitation, provided ___

Back 46

the defendant thwarts the commission of the solicited crime.

Front 47

unilateral conpiracy--e.g., when an undercover police officer feigns agreement--is a crime under ___ but not ___. On the bar, assume __.

Back 47

the modern approach; CL; CL

Front 48

can a corp. conspire w/ its own agents?

Back 48

depends on the jurisd. Yes for federal.

Front 49

Wharton Rule

Back 49

if a crime requires two or more participants (e.g., adultery) there is no conspiracy unless more parties than are necessary to complete the crime agree to commit the crime.

Front 50

Conspiracy is:

Back 50

i) An agreement;ii) Between two or more persons;iii) To accomplish an unlawful purpose;iv) With the intent to accomplish that purpose.

It usually requires an overt act in furtherance.

Front 51

Two models of conspiracy

Back 51

chain (community of interest)--all liable for crimes of all

hub/spoke (no community of interest)--only hub liable for crimes of all

Front 52

After there has been an agreement but ___, a person may avoid criminal liability for conspiracy by ___

Back 52

before an overt act has been committed

communicating notice of his intent not to participate to the other potential co-conspirators or by informing the police about the agreement.

Front 53

An attempt requires:

Back 53

i) A substantial step toward the commission of a crime; coupled withii) The specific intent to commit the crime.

Front 54

Some states continue to apply the traditional ___ test for the existence of an attempt. Under this test, an attempt does not occur until the defendant’s acts result in a ___.

Back 54

“dangerous proximity”

dangerous proximity to completion of the crime

Front 55

Impossibility: defense to attempt?

Back 55

Factual impossibility: no

Legal impossibility: yes

Front 56

mistake of fact is a defense to what kinds of crimes under what circumstances?

Back 56

strict liability--not a defense

general intent--defense if reasonable

specific intent--defense if actually held

Front 57

Imperfect self-defense occurs when the person claiming self-defense ___ kills her attacker, such as when she honestly but unreasonably believes self-defense is required. The rule reduces the charge from ___ to ___.

Back 57

unjustifiably; murder ; voluntary manslaughter

Front 58

A police officer can lawfully arrest a suspect, with or without a warrant, if the suspect has committed a crime ___ or if the officer has probable cause to believe that ___.

Back 58

in the officer’s presence; the defendant committed a felony offense outside of his presence

Front 59

The use of reasonable force in the exercise of parental authority (i.e., discipline) by a parent or by a person in charge of a child (e.g., a teacher) is justified if ___.

Back 59

exercised for the benefit of the minor child

Front 60

A duress defense exists when a person commits a crime because ___, but duress is not a defense for ___, but may ___.

Back 60

a third party’s unlawful threat causes a defendant to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law; intentional murder; reduce the charge.

Front 61

Entrapment occurs when ___ (maj.).

Back 61

(i) the crime is induced by a government official or agent, and (ii) the defendant was not predisposed (i.e., ready and willing) to commit the crime

Front 62

Under the minority approach to entrapment, ___.

Back 62

the focus is on the government’s action and the effect those actions would have on a hypothetical innocent person--whether they create a "substantial risk" of commission.

Front 63

perjury has to regard ___.

Back 63

a material fact (not just lying because embarrassed when the fact is not important to the issue)

Front 64

In re embezzlement, what is the significance of what level of employee one is?

Back 64

Lower level employees rarely are capable of embezzlement b/c they only have custody, not possession, of funds.

Front 65

t/f

felony murder can be committed even when a felony is only attempted

Back 65

t