CRIMINAL LAW BAR EXAM 100% CORRECT!!

Involuntary intoxication - ANSWER (1) unknowingly being intoxication or becoming intoxicated under duress. *a form of insanity and will be judged by that standard. Defense to all crimes Infancy - ANSWER Under 7 - no liability Under 14 - rebuttable presumption of no liability Self-defense - ANSWER A victim may use non-deadly self-defense anytime the victim reasonably believes that force is about to be used on him. Majority - ANSWER A victim may use deadly force in self-defense anytime the victim reasonably believes that deadly force is about to be used on him. Minority rule - ANSWER Victim is required to retreat first except: no duty to retreat from your home, no duty to retreat if you are the victim of rape or a robbery and police officers have no duty to retreat. Original Aggressor and Self-defense - ANSWER To get back the defense of self-defense the original aggressor must withdraw and communicate that withdrawal - if the victim suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense (including deadly force, if reasonable). Defense of Others - ANSWER Can raise the defense if he reasonably believes that the person assisted would have had the right to use force in his own defense. Duress - ANSWER is a defense if the person acts under the threat of imminent infliction of death or great bodily harm and that belief is reasonable. Threats to harm a third person may also suffice. Defense to all crimes except homicide. Mistake of Fact - ANSWER Defense only when it negates intent. Must be reasonable to be a defense to a general intent or malice crime. Entrapment - ANSWER Valid defense only if the criminal design originated with law enforcement officers and the defensent must not have been predisposed to commit the crime. Battery - ANSWER Unlawful application of force to the person resulting in either bodily injury or offensive touching. Assault - ANSWER An attempt to commit a battery OR the intentional creation of a reasonable apprehension of imminent bodily harm. Aggravated Assault - ANSWER Assault plus eithe the use of a deadly or dangerous weapon or with the intent to maim, rape, or murder. Homicide - ANSWER Murder is the unlawful killing of another human being with malice aforethought. Such a state exists if there is intent to kill; or intent to inflict great bodily harm; or intent to commit a felony; or reckless indifference to an unjustifiably high risk to human life. Prox Cause - ANSWER General rule is that a D is responsible for all results that occur as a natural and probable consequence of his conduct, even if he did not anticipate the exact manner in which they would occur. First Degree Murder - ANSWER Premeditated killing (human and dead; d must have acted with intent or knowledge that his conduct would cause death). Felony murder: any killing even accidental-committed during the course of a felony. Homicide of a police officer: D must know he was a police officer and the victim must have been acting in the line of duty. Defenses to Felony Murder - ANSWER D has a defense to the underlying felony. The felony they are committing cant be murder. Deaths must be foreseeable. Deaths caused while fleeing are felony murder, but not one the D reaches a point of temp safety. D is not liable for the death of a co-felon as a result of resistance by the victim or police. Second Degree murder - ANSWER Depraved heart killing-murders with reckless indifference to an unjustifiably high risk to human life; or murders that are not classified as first-degree murders. Voluntary Manslaughter - ANSWER Killing in the heat of passion resulting from an adequate provocation by the victim; the provocation must be one that would arouse sudden and intense passion in the mind of an ordinary person such to cause him to lose self-control; there must not have been a sufficient colling off period and the D did not cool off. Imperfect self-defense - ANSWER D has an honest but unreasonable belief that his life was in imminent danger, this defense will reduce a murder to manslaughter. involuntary manslaughter - ANSWER A killing of criminal negligence or misdemeanor manslaughter - killing someone while committing a misdemeanor or unenumerated felony. False Imprisonment - ANSWER Unlawful confinement of a person without his valid consent. Kidnapping - ANSWER Confinement of a person with either some movement or concealment in a secret place. Rape - ANSWER Intercourse without effective consent Statutory rape - ANSWER strict liability-consent or mistake of fact is no defense. Larceny - ANSWER A trespassory taking, a carrying away of property of another with intent to permanently deprive. Continuing tresspass - ANSWER later decides to keep the property Embezzlement - ANSWER The fraudulent conversion of the property of another. False Pretenses - ANSWER D persuades the owner of prop to convey title by false pretenses. *must be about a fact - promise to do something in the future cannot ground liability. Robbery - ANSWER The taking of personal property of another from the other person's presence, by force or threates with the intent to perm. deprive. Extortion - ANSWER Knowingly seeking to obtain personal property or services by means of a future threat.