Bar Exam: Criminal Law Latest Update 2023

battery - ANSWER unlawful application of force (even if unintentional and/or indirect) to the person resulting in either bodily injury or offensive touching general intent crime assault - ANSWER an attempt to commit a battery or the intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm aggravated assault - ANSWER assault with a deadly or dangerous weapon or assault with the intent to rape, maim or murder the victim homicide - ANSWER general term for any dead body second degree murder - ANSWER the unlawful killing of another human being with malice aforethought shown by reckless indifference to an unjustifiably high risk to human life also known as a depraved heart first degree murder - ANSWER the premeditated unlawful killing of another human being with malice aforethought shown by - intent or knowledge that conduct would cause death - intent to inflict great bodily harm or - intent to commit a felony common law: murder - ANSWER unlawful killing of another human being with malice aforethought either: (i) intent to kill, (ii) intent to inflict great bodily injury, (iii) reckless indifference to unjustifiably high risk to human life or (iv) intent to commit a felony felony murder - ANSWER any killing, even accidental, committed during the course of a felony; malice implied from intent to commit felony defenses to felony murder - ANSWER - if D has defense to underlying felony - felony cannot be the killing - deaths must be foreseeable - deaths caused while fleeing felony murders unless D reaches point of temporary safety - not liable for death of cofelon killed by victim or police homicide of a police officer - ANSWER first degree if defendant knows the victim is law enforcement and the victim was acting in the line of duty when killed voluntary manslaughter - ANSWER a killing that would be murder but for existence of adequate provocation: 1. provocation that would arouse sudden and intense passion in mind of ordinary person, causing him to lose self control 2. defendant was in fact provoked 3. there was not sufficient time between the provocation and the killing for passions of a reasonable person to cool and 4. the defendant in fact did not cool off between provocation and killing involuntary manslaughter - ANSWER killing of criminal negligence (recklessness under MPC) or killing someone while committing a misdemeanor or an unenumerated felony (misdemeanor manslaughter) misdemeanor manslaughter - ANSWER killing someone while committing a misdemeanor or an unenumerated felony imperfect self defense - ANSWER in states that recognize it, if the defendant had an honest but unreasonable belief that his life was in imminent danger, the charge will be reduced to manslaughter false imprisonment - ANSWER unlawful confinement of a person without valid consent kidnapping - ANSWER unlawful confinement of a person that involves some movement of victim or concealment in a secret place rape - ANSWER the slightest penetration without effective consent statutory rape - ANSWER strict liability crime such that consent of the victim and mistake of fact are not defenses larceny - ANSWER (i) the wrongful taking and (ii) carrying away of property (iii) known to be another's (iv) by trespass (no consent) with the (v) intent at the time of taking to permanently deprive them of it asportation - ANSWER carrying away embezzlement - ANSWER fraudulent conversion of the personal property of another by person in lawful possession, regardless of who ultimately gets benefit larceny by false pretenses - ANSWER obtaining TITLE to personal property of another by an intentional false statement of a past or existing fact with intent to defraud the other (not including future promise) if victim is deceived by or acts in reliance on misrepresentation to pass title larceny by trick - ANSWER obtaining POSSESSION of personal property of another by misrepresentation of fact robbery - ANSWER taking the personal property of another from the other's person or presence by force or threat of imminent harm with the intent to permanently deprive him of it armed robbery - ANSWER simulated treated as "armed" extortion - ANSWER knowingly seeking to obtain property or services by means of a future threat forgery - ANSWER the making or altering of a false writing that has apparent legal significance with the intent to defraud even if no one actually defrauded burglary - ANSWER breaking (by actual breaking, fraud, or threat) and entering (with any part of body) into the dwelling (not barn or commercial structure) of another at night with the intent to commit a felony therein at the time of the breaking and entering arson - ANSWER the malicious burning of the dwelling of another either with intent or reckless indifference of obvious risk that structure would burn that results in at least charring not smoke damage or scorching at common law, did not apply to barn or building and had to be the house of another not own but some questions assume arson law applies to structures other than dwellings possession as act - ANSWER requires only that defendant have control of item of long enough period to have opportunity to terminate possession accessory after the fact - ANSWER person who with knowledge that felony was committed, assists principal in escaping arrest or punishment common law requires conviction of principal to convict accessory unilateral conspiracy - ANSWER MPC- requires that only one party have genuine criminal intent bilateral conspiracy - ANSWER common law- requires two guilty minds; if coconspirators tried and acquitted defendant cannot be convicted common law murder categories - ANSWER Murder, voluntary manslaughter and involuntary manslaughter receipt of stolen property - ANSWER receiving possession and control of stolen personal property known to have been obtained in criminal manner by another person with intent to permanently deprive owner of his interest exclusionary rule and Miranda - ANSWER a confession obtained without Miranda warnings as long as failure not purposeful may not be sufficient to justify excluding non testimonial fruits of the confession