Criminal Law Flashcards

Under California law, first-degree murder includes all of the following EXCEPT:

Answer: Killing committed in the heat of passion upon adequate provocation

Killing in the heat of passion reduces murder to voluntary manslaughter, not first-degree murder; it negates the premeditation and deliberation required for first-degree.

Rob points a gun at Karen, demands her wallet, and she hands it over. Rob is guilty of:

Answer: Robbery because he used intimidation to take property from her person

Robbery is larceny from a person using force or intimidation; pointing a gun constitutes intimidation even if no physical force is applied.

Which of the following is NOT a required element of common-law rape?

Answer: The victim must be a stranger to the defendant

Common-law rape requires intercourse by force without consent; the relationship between the parties (stranger vs. acquaintance) is not an element, though marital-rape exemptions historically existed.

A defendant claims he honestly (but unreasonably) believed the victim was about to attack him when he struck the victim first. This belief is most relevant to which defense?

Answer: Imperfect self-defense, potentially reducing murder to voluntary manslaughter

Imperfect (or unreasonable) self-defense applies when the defendant had an honest but unreasonable belief in the need for self-defense, typically reducing murder to voluntary manslaughter in jurisdictions that recognize it.

Paula asks Bill to commit arson; Bill refuses. Paula burns the building herself. Paula is guilty of:

Answer: Solicitation and arson

Solicitation is complete when the request is made; the fact that the solicited party refuses does not undo the solicitation, and Paula also committed arson by burning the building herself.

Under the MPC, an attempt requires:

Answer: A substantial step toward commission of the crime that strongly corroborates criminal intent

The MPC 'substantial step' test requires conduct that unequivocally demonstrates commitment to the crime, which is a more permissive standard than the common-law proximity tests.

Which of the following is a valid defense to a strict-liability crime?

Answer: Entrapment by government inducement

Entrapment is a procedural defense that challenges government overreach and applies regardless of mens rea; the other choices depend on negating mental state, which is irrelevant to strict-liability offenses.