Criminal Law Key Concepts
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What does strict liability entail regarding potential penalties?

  • It can result in both fines and jail time.
  • It can only result in fines. (correct)
  • It can lead to civil lawsuits.
  • It can include community service.

    • In the context of specific intent, what type of mistake can negate culpability?

  • An unreasonable mistake of law.
  • A careless mistake.
  • A deliberate mistake of fact.
  • An honest mistake of fact. (correct)

    • Which level of culpability is affected by a mistake of fact?

  • Strict liability.
  • Specific intent. (correct)
  • Misdemeanor intent.
  • General intent.

    • What is true about mistakes in strict liability offenses?

    <p>They do not affect culpability.</p> Signup and view all the answers

    How is general intent treated differently than specific intent concerning mistakes?

    <p>General intent is negated by an honest and reasonable mistake.</p> Signup and view all the answers

    Which statement about criminal intent regarding mistakes of law is accurate?

    <p>Ignorance of law is usually not an excuse.</p> Signup and view all the answers

    What does recklessness imply in the context of criminal intent?

    <p>Conscious disregard of a substantial and unjust risk.</p> Signup and view all the answers

    What distinguishes the levels of culpability outlined in the content?

    <p>Each material element has its own distinct culpability level.</p> Signup and view all the answers

    What was the court's ruling regarding the necessity defense in the Dudley and Stephens case?

    <p>The necessity defense was not applicable due to the nature of the act.</p> Signup and view all the answers

    Under what condition must a danger be to justify the use of deadly force?

    <p>The danger must be immanent and pressing.</p> Signup and view all the answers

    What condition precludes a person from claiming self-defense after provoking deadly force?

    <p>If they were the first aggressor.</p> Signup and view all the answers

    Which of the following is NOT a recognized excuse for criminal liability?

    <p>Economic hardship</p> Signup and view all the answers

    What must exist for a threat to constitute duress?

    <p>The threat must involve serious violence.</p> Signup and view all the answers

    What is the traditional requirement concerning retreat in self-defense scenarios?

    <p>There is no duty to retreat when in one's own home.</p> Signup and view all the answers

    What does the Clean Hands doctrine imply in the context of excuses for criminal behavior?

    <p>Defendants cannot seek to excuse their actions if they have engaged in wrongdoing.</p> Signup and view all the answers

    What is notably excluded from the defense of necessity in the context of intentional homicide?

    <p>Killing one person to feed others in survival situations.</p> Signup and view all the answers

    What is the role of an accomplice in a crime?

    <p>May include principals in the second degree or accessories before</p> Signup and view all the answers

    Which statement accurately describes the de minimis contribution factor?

    <p>It indicates that a defendant's conduct can be insubstantial compared to an intervening event.</p> Signup and view all the answers

    What determines the extent of accomplice liability under modern law?

    <p>The accomplice's mental state regarding their own actions</p> Signup and view all the answers

    In the context of liability, what does reasonable foreseeability imply?

    <p>Liability remains even if the intervening act was foreseeable.</p> Signup and view all the answers

    What is the distinction between murder and manslaughter?

    <p>Murder involves malice aforethought, whereas manslaughter does not.</p> Signup and view all the answers

    What must be proven for a defense of insanity under M'Naughten standard?

    <p>D did not know the nature and quality of the act and did not know it was wrong</p> Signup and view all the answers

    Which factor may eliminate liability due to apparent safety?

    <p>The victim's ability to escape harm.</p> Signup and view all the answers

    In which of the following scenarios would a coerced party likely be acquitted?

    <p>They committed the crime but were forced to do so</p> Signup and view all the answers

    Which of the following is NOT an intent related to the offense?

    <p>Intent as to actions taken towards the victim</p> Signup and view all the answers

    What is the standard for determining whether the defense of others is justified under MPC?

    <p>The intervener must reasonably believe that force is necessary</p> Signup and view all the answers

    How does the MPC differ from traditional accomplice liability rules?

    <p>MPC limits liability to the accomplice's own mental state.</p> Signup and view all the answers

    Which element is NOT part of the necessity defense?

    <p>There must be lawful alternatives available</p> Signup and view all the answers

    What is the effect of free, deliberate, and informed human intervention on liability?

    <p>It breaks the chain of causation back to the defendant.</p> Signup and view all the answers

    Under the principle of 'imperfect self-defense', what can arise from an unreasonable belief in the necessity to act?

    <p>Voluntary manslaughter</p> Signup and view all the answers

    What constitutes homicide under legal definitions?

    <p>Killing of a person without justification or excuse.</p> Signup and view all the answers

    What does the MPC say regarding a person's capacity when claiming insanity?

    <p>D must lack substantial capacity to appreciate the criminality of their conduct</p> Signup and view all the answers

    Which statement best describes the function of punishment?

    <p>It is the state's deliberate infliction of suffering and stigma on individuals who commit wrongs</p> Signup and view all the answers

    What is the primary requirement under the Definition of 'Necessity' for D's acts?

    <p>There should have been no other means to avoid the harm</p> Signup and view all the answers

    Which of the following is required under Modern Law for a defense against conspiracy?

    <p>At least one overt act in furtherance of the enterprise.</p> Signup and view all the answers

    What distinguishes the Model Penal Code (MPC) definition of conspiracy from traditional common law?

    <p>It requires at least one overt act in furtherance of the offense.</p> Signup and view all the answers

    Under the Pinkerton Doctrine, what are members of a conspiracy responsible for?

    <p>Any foreseeable crime committed by any other member in furtherance of the conspiracy.</p> Signup and view all the answers

    Which of the following is NOT considered a form of nonconsent in the context of rape and statutory rape?

    <p>Victim's denial of consent after the act.</p> Signup and view all the answers

    What type of consent issue can arise in cases of rape by fraud?

    <p>Consent obtained through misrepresentation unrelated to the act.</p> Signup and view all the answers

    Under the agency rule, who is held responsible for deaths caused by intentional crimes?

    <p>The felon and accomplices</p> Signup and view all the answers

    Which of the following best describes proximate cause as per the minority rule?

    <p>Anyone can be held responsible if their actions set the events in motion</p> Signup and view all the answers

    What is required to establish attempt liability under the given rules?

    <p>Intent to commit a substantive offense and a close act toward it</p> Signup and view all the answers

    Which statement is true regarding abandonment as a defense to attempt liability?

    <p>D can abandon the attempt after crossing the attempt line</p> Signup and view all the answers

    Which of the following statements accurately reflects the knowledge requirement for attendant circumstances under the modern rules?

    <p>Knowledge is not required; recklessness can suffice</p> Signup and view all the answers

    Study Notes

    Criminal Law Key Concepts

    • Criminal behavior involves conduct, mental state (mens rea), causation, harm, and lack of justification.
    • Actus reus refers to the conduct itself.
    • Mens rea involves the intent to commit a crime (purposely, knowingly, recklessly, or negligently).
    • Causation links the conduct to the harm.
    • Attendant circumstances are objective facts that must exist for a crime to happen.
    • Concurrence means the actus reus and mens rea must occur together.
    • Omissions are typically not considered criminal acts, unless there is a legal duty to act imposed by statute or other special circumstances.

    Mens Rea

    • Purposely: Intending to achieve a specific result.
    • Knowingly: Conscious awareness that a result is practically certain to occur.
    • Recklessly: Aware of a substantial and unjustifiable risk, and consciously disregarding it.
    • Negligently: Should have been aware of a substantial and unjustifiable risk, but did not realize it.
    • Strict Liability: Liability without regard to the defendant's state of mind.

    Criminal Intent

    • Specific intent: extra layer of intent concerning the action and underlying purpose.
    • General intent: intent related to the conduct itself.

    Criminal Intent-Mistake of Fact

    • Honest mistake about facts relating to the crime can be a defense, even if unreasonable.

    Criminal Intent – Mistake of Law

    • Generally, ignorance of the law is not a defense, unless it negates culpability, the statute has not been made public, or there is reliance on an official statement.

    Causation

    • But-for causation: The result would not have occurred but for the defendant's conduct.
    • Concurrent sufficient causation: Two separate acts by two people independently are sufficient to cause the result.
    • Acceleration causation: an action that speeds up the process leading to death or harm.
    • Proximate causation: whether it is fair to hold a person guilty, considering that intervening events also contributed. Relevant factors include the intervening event being minor or foreseeably predictable.

    Criminal Participants

    • Principals: those directly involved in committing a crime.
    • Accomplices: those who assist in the crime and know that their assistance will accomplish the crime.
    • Accessories after the fact: those who help a criminal escape or hide from authorities following the offense.

    Criminal Homicide

    • Includes murder, manslaughter, and negligent homicide.
    • Types of Murder
      • Intent to kill
      • Intent to cause great bodily injury
      • Depraved-heart murder
      • Felony murder
    • Manslaughter
      • Common law definitions still exist (Voluntary and Involuntary).
      • MPC voluntary and involuntary distinctions are different due to extreme emotional disturbances.

    Attempts

    • Attempt liability involves the intent to commit a crime and taking substantial steps toward that commission, falling short of completion.
    • Complete attempts: all steps leading to the crime were performed, but the crime was not completed.
    • Incomplete attempts: some steps were taken towards the crime, but the crime was not completed.
    • Conduct elements: Substantial steps necessary to complete the crime.
    • Attendant circumstances and material elements: knowledge of the facts is required.
    • Mens rea: intent for the conduct and the target crime.

    Conspiracy

    • An agreement between two or more people to commit a crime.
    • Conduct includes agreement and an overt act in furtherance.
    • Requirements of the agreement vary depending on the jurisdiction.

    Rape/Sexual Assault

    • Focuses on the absence of consent.
    • Modern laws are gender-neutral, as opposed to the historical focus on the male perpetrator and victim.
    • Non-consent can be shown by absence of affirmative consent, or by various other actions demonstrating lack of permission.

    Defenses

    • Self-defense: use of reasonable force against a threat.
    • Necessity: acting in response to an imminent danger or lesser threat.
    • Duress: performing an illegal act under a threat of severe injury.
    • Other defenses focus on the mental state of the actor in committing the crime and are frequently subjective and context dependent.

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    Criminal Law - LSE F23 PDF

    Description

    This quiz explores the essential concepts of criminal law, focusing on the key elements such as actus reus, mens rea, causation, and concurrence. Dive into the distinctions between different mental states and understand how they relate to criminal responsibility. Test your knowledge on what constitutes criminal behavior.

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