Criminal Law and Procedure Flashcards

Under the Pennsylvania Crimes Code (18 Pa. C.S.), which mens rea element requires that a person consciously disregards a substantial and unjustifiable risk?

Answer: Recklessly

Under 18 Pa. C.S. § 302, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk that a material element of the offense exists or will result from the conduct.

Pennsylvania defines first-degree murder as an intentional killing, but also includes which other category?

Answer: A killing by poison, lying in wait, or by any other willful, deliberate, and premeditated means

Under 18 Pa. C.S. § 2502(a), first-degree murder includes an intentional killing committed by poison, lying in wait, or any other willful, deliberate, and premeditated means.

Pennsylvania's felony-murder rule treats a killing that occurs during the commission of certain enumerated felonies as:

Answer: Second-degree murder

Under 18 Pa. C.S. § 2502(b), second-degree murder covers killings committed while the defendant was engaged as a principal or accomplice in the commission of a felony enumerated in § 2502(d).

Under Pennsylvania Rule of Criminal Procedure 600, a defendant must generally be brought to trial within how many days of the filing of the criminal complaint?

Answer: 365 days

Pa. R.Crim.P. 600 requires that trial commence within 365 days of the filing of the criminal complaint, subject to excludable and excusable delays.

Pennsylvania's affirmative defense of self-defense under 18 Pa. C.S. § 505 requires that the defendant:

Answer: Reasonably believe that deadly force is immediately necessary to protect against death or serious bodily injury

Section 505 permits the use of deadly force in self-protection when the defendant reasonably believes it is immediately necessary to protect against death, serious bodily injury, kidnapping, or sexual intercourse by force.

Under Pennsylvania law, a criminal conspiracy requires an agreement between two or more persons to commit a crime plus:

Answer: An overt act in furtherance of the conspiracy by any conspirator

18 Pa. C.S. § 903 provides that a person is guilty of conspiracy if they agree with another to commit a crime and an overt act is performed in furtherance of the conspiracy.