Criminal Law Flashcards

A person who intentionally sets fire to their own insured building to collect insurance money has committed:

Answer: Arson and insurance fraud

Arson applies regardless of ownership in most jurisdictions when committed for an unlawful purpose, and setting fire for insurance money also constitutes insurance fraud.

Voluntary manslaughter differs from murder primarily because:

Answer: The killing occurred in the heat of passion with adequate provocation

Voluntary manslaughter is an intentional killing that would otherwise be murder, mitigated by heat of passion triggered by legally adequate provocation.

Under the felony murder rule, a defendant can be held liable for murder when:

Answer: A death occurs during the commission of an inherently dangerous felony

Felony murder holds defendants liable for any death that occurs during the commission of an inherently dangerous felony, even without intent to kill.

An attempt crime is generally punishable if the defendant has:

Answer: Taken a substantial step toward committing the crime

Under the MPC substantial-step test, attempt liability attaches when the defendant takes a meaningful overt act toward completion of the target crime.

Which of the following is NOT a required element of larceny?

Answer: Use of force or threat

Larceny requires taking, carrying away, personal property of another, and intent to permanently deprive — force or threat is not required and distinguishes robbery.

A defendant claims they were home asleep when the crime occurred. This is an example of a(n):

Answer: Alibi defense

An alibi defense asserts that the defendant was elsewhere at the time of the crime and therefore could not have committed it.

Which of the following best describes the concept of 'actus reus'?

Answer: The voluntary physical act or omission that constitutes the criminal conduct

Actus reus refers to the physical element of a crime — the voluntary act, omission, or possession that the law prohibits.