Criminal Law Flashcards
What the Michigan test for felony murder?
(1) ∆ commits one of 14 felonies enumerated by statute.
(2) ∆ committed the felony with malice. Malice is defined as the (i) intent to kill, (ii) intent do do great bodily harm, or (iii) INTENTIONAL CREATION OF A HIGH RISK of death or great bodily harm.
What are the requisite felonies for felony murder in Michigan?
There are 14 felonies.
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- Kidnapping
- CSC (1/2/3)
- Larceny
- Vulnerable adult abuse (1/2)
- Child Abuse (1)
- Home Invasion (1/2)
- Torture
- Arson
- Substance offenses, limited to major controlled
- Robbery
- Aggravated stalking
- Car jacking
- Extortion (i.e., blackmail)
- Breaking and entering a dwelling
In Michigan, can a co-felon be found guilty of felony murder on a theory of vicarious liability?
- Majority follows: proximate cause theory that if one co-felon is the proximate cause of the victim’s death, all other co-felons will be guilty of felony murder, even if the killing is committed by a third party.
- Minority follows: agency theory that felony murder only applies if the killing is committed by a co-felon.
- Michigan requires: Only must show each party had requisite malice.
In Michigan, what is requisite mental state for battery?
Willfulness. / MBE: general intent.
In Michigan, what is the definition of kidnapping?
∆ knowingly and w/o consent confined or restricts the movement of a victim w/the intent to:
(1) collect ransom,
(2) use the victim as a hostage,
(3) commit CSC against that victim,
(4) take victim out of Michigan,
(5) hold victim in invol. servitude
In Michigan, what is a “dangerous weapon?”
(1) a dangerous weapon like a loaded gun or knife
(2) object not ordinarily considered a dangerous weapon, but used as such
(3) object that reasonably appeared to be a dangerous weapon (e.g., toy gun or a finger menacingly positioned in ∆’s pocket as a gun)
What is armed robbery?
Larceny + 2 + “dangerous weapon”
Trespassory taking and carrying away the personal property of another from the person or the person’s person with force or threat of immediate force with a dangerous weapon.
In Michigan, for general and specific intent crimes, does an accomplice need to intent to aid the principal commit the crime?
No. Merely that they acted w/knowledge of the principal’s intent.
In Michigan, for negligence and gross negligence crimes, does an accomplice need to act with intent or knowledge?
No. Merely that they perform acts that aid in the creation of a situation under which it is a reasonably foreseeable that harm will occur.
How does Michigan construe conspiracy?
No overt act is required.
How does Michigan construe attempt?
Defined: an overt act beyond mere preparation toward the commission of a crime w/specific intent to commit the underlying crime.
Overt act = some direct movement towards the commission of the crime that would lead immediately to its completion
How can one mitigate their criminal liability for solicitation and attempt?
Michigan:
Renunciation = ∆ to solicitation
Abandonment = ∆ to attempt
Must be complete and voluntary (i.e., can’t be motivated by fear of detection or unexpected difficulty in succeeding)
What is Michigan’s test for insanity.
Michigan has adopted the MPC Version.
∆ must prove by a preponderance of the evidence that ∆ lacked the substantial capacity to either (1) appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law.
Other versions in other states include:
M’Naghten Test–
