Criminal Law Review With 100%
Correct Answers
Purposely - CORRECT ANSWER✔✔it is her conscious object to cause the result.
Knowingly - CORRECT ANSWER✔✔if she is aware that the result is "practically certain" to occur
from her conduct.
Recklessly - CORRECT ANSWER✔✔he consciously disregards a substantial and unjustifiable risk
that the material element exists or will result from his conduct.
Negligently - CORRECT ANSWER✔✔he should be aware of a substantial and unjustifiable risk
that the material element exists or will result from his conduct.
MPC Attempt Mens Rea - CORRECT ANSWER✔✔A person is not guilty of attempt unless he:
"purposely engages in conduct that would constitute the crime"; acts "with the purpose of
causing" or "with the belief that it will cause" the criminal result' or "purposely does ... an act ...
constituting a substantial step" in furtherance of the offense.
MPC Attempt Actus Reus - CORRECT ANSWER✔✔One has gone far enough to constitute an
attempt if the act or omission constitutes a substantial step in the course of conduct planned to
culminate in the commission of the crime.
Common Law Attempt Mens Rea - CORRECT ANSWER✔✔Dual Intent: (1) intentionally commit
the acts that constitute the acts reus of an attempt, and (2) commit the acts reus of an attempt
with the specific intent to commit the target offense.
, Common Law Attempt Actus Reus - CORRECT ANSWER✔✔conduct must approach sufficiently
near to the completed offense "to stand either as the first or some subsequent step in a direct
movement toward the commission of the offense after the preparations are made."
Three MPC Fair Notice Requirements - CORRECT ANSWER✔✔1. unknown crime was an
omission, 2. duty to act based upon a status rather than conduct, and 3. offense is malum
prohibitum.
MPC Mistake of Fact - CORRECT ANSWER✔✔Either the actor had the culpable state of mind
required in the definition of the offense or he did not.
Use of force is justified under the MPC when: - CORRECT ANSWER✔✔1. D believes that such
force is immediately necessary for the purpose of protecting himself, 2. against the use of
unlawful force by such other person
Use of force is justified under the common law when: - CORRECT ANSWER✔✔1. D is threatened
with imminent physical harm, 2. D reasonably believes such force is necessary to protect himself
from the imminent harm, 3. D reasonably believed the harm is unlawful, 4. D's force in response
must be proportional
Elements of Conspiracy under the MPC - CORRECT ANSWER✔✔1. PURPOSE of promoting or
facilitating commission of a crime. 2. Agrees with the other persons that they will, or one of
them will, (a) ENGAGE in criminal conduct, or (b) attempt to do so, or (c) solicit to do so, or (d)
aid in the crime, attempt, or solicitation.
Elements of Conspiracy under Common Law - CORRECT ANSWER✔✔1. Agreement between
two or more people, 2. to commit a criminal act or series of acts OR to accomplish a legal act by
illegal means.
Conspiracy Mens Rea under Common Law - CORRECT ANSWER✔✔Dual intent: (1) specific
intent to agree, (2) specific intent to commit the target offense
Correct Answers
Purposely - CORRECT ANSWER✔✔it is her conscious object to cause the result.
Knowingly - CORRECT ANSWER✔✔if she is aware that the result is "practically certain" to occur
from her conduct.
Recklessly - CORRECT ANSWER✔✔he consciously disregards a substantial and unjustifiable risk
that the material element exists or will result from his conduct.
Negligently - CORRECT ANSWER✔✔he should be aware of a substantial and unjustifiable risk
that the material element exists or will result from his conduct.
MPC Attempt Mens Rea - CORRECT ANSWER✔✔A person is not guilty of attempt unless he:
"purposely engages in conduct that would constitute the crime"; acts "with the purpose of
causing" or "with the belief that it will cause" the criminal result' or "purposely does ... an act ...
constituting a substantial step" in furtherance of the offense.
MPC Attempt Actus Reus - CORRECT ANSWER✔✔One has gone far enough to constitute an
attempt if the act or omission constitutes a substantial step in the course of conduct planned to
culminate in the commission of the crime.
Common Law Attempt Mens Rea - CORRECT ANSWER✔✔Dual Intent: (1) intentionally commit
the acts that constitute the acts reus of an attempt, and (2) commit the acts reus of an attempt
with the specific intent to commit the target offense.
, Common Law Attempt Actus Reus - CORRECT ANSWER✔✔conduct must approach sufficiently
near to the completed offense "to stand either as the first or some subsequent step in a direct
movement toward the commission of the offense after the preparations are made."
Three MPC Fair Notice Requirements - CORRECT ANSWER✔✔1. unknown crime was an
omission, 2. duty to act based upon a status rather than conduct, and 3. offense is malum
prohibitum.
MPC Mistake of Fact - CORRECT ANSWER✔✔Either the actor had the culpable state of mind
required in the definition of the offense or he did not.
Use of force is justified under the MPC when: - CORRECT ANSWER✔✔1. D believes that such
force is immediately necessary for the purpose of protecting himself, 2. against the use of
unlawful force by such other person
Use of force is justified under the common law when: - CORRECT ANSWER✔✔1. D is threatened
with imminent physical harm, 2. D reasonably believes such force is necessary to protect himself
from the imminent harm, 3. D reasonably believed the harm is unlawful, 4. D's force in response
must be proportional
Elements of Conspiracy under the MPC - CORRECT ANSWER✔✔1. PURPOSE of promoting or
facilitating commission of a crime. 2. Agrees with the other persons that they will, or one of
them will, (a) ENGAGE in criminal conduct, or (b) attempt to do so, or (c) solicit to do so, or (d)
aid in the crime, attempt, or solicitation.
Elements of Conspiracy under Common Law - CORRECT ANSWER✔✔1. Agreement between
two or more people, 2. to commit a criminal act or series of acts OR to accomplish a legal act by
illegal means.
Conspiracy Mens Rea under Common Law - CORRECT ANSWER✔✔Dual intent: (1) specific
intent to agree, (2) specific intent to commit the target offense
