Criminal Law Flashcards

Dan shoots at Victor intending to kill him, but misses and the bullet kills Bystander. Under the doctrine of transferred intent, Dan is most likely guilty of:

Answer: Murder of Bystander and attempted murder of Victor

Transferred intent allows Dan's intent to kill Victor to transfer to the unintended victim Bystander, and he also remains liable for the attempted murder of Victor.

A defendant is charged with burglary. The prosecution must prove the defendant entered a dwelling at night with intent to commit a felony therein. If the defendant formed the intent to steal only AFTER entering the dwelling, the correct outcome is:

Answer: Not guilty of burglary because the intent must exist at the time of entry

At common law burglary requires the intent to commit a felony inside to exist at the moment of entry; intent formed after entry defeats the burglary charge.

Which of the following best describes the 'felony-murder rule' under the majority approach?

Answer: A defendant is guilty of murder when a killing occurs during the commission or attempted commission of an inherently dangerous felony

Under the felony-murder rule, a killing that occurs during commission or attempted commission of an inherently dangerous felony (e.g., robbery, rape, arson) is treated as murder regardless of malice.

Ann tells Bob she will kill him unless he robs a bank. Bob robs the bank. Which defense is MOST likely available to Bob?

Answer: Duress

Duress is the defense when a defendant commits a crime because another person threatens imminent death or serious bodily harm; necessity involves natural forces, not human coercion.

Under the Model Penal Code, 'recklessness' requires that the defendant:

Answer: Consciously disregarded a substantial and unjustifiable risk

Under the MPC, recklessness means conscious disregard of a substantial and unjustifiable risk, distinguishing it from negligence (should-have-known) and knowledge/purpose.

Defendant picks up a gun thinking it is unloaded and pulls the trigger, killing Victim. Which mental state best describes Defendant's culpability?

Answer: Negligence

If a reasonable person would have checked whether the gun was loaded, the defendant's failure to do so constitutes criminal negligence.

Carol is charged with conspiracy to commit robbery. If her co-conspirator Pete is acquitted at a separate trial, under the modern (MPC) approach, Carol's conviction:

Answer: Is unaffected because each conspirator is judged individually on the evidence against them

Under the MPC unilateral approach, conspiracy is judged on what the defendant agreed to, so the acquittal of a co-conspirator does not automatically require acquittal of the other.