Crim Law

Question 1

Aiding and Abetting

Answer 1

This is MI accomplice liability

Prosecutor must show:

1) a crime was committed
2) the defendant assisted before, during or after the commission of the crime
3) defendant intended the commission of the crime or knew the other person intended it at the time defendant gave assistant

Question 2

First Degree Premeditated Murder

Answer 2

1) the defendant caused the death of the decedent
2) defendant intended to kill decedent
3) the intent to kill was premeditated
4) the killing was deliberate and
5) the killing was not justified or excused

Question 3

Second Degree Murder

Answer 3

1) defendant caused the death of the decedent
2) the killing was done with malice
3) the killing was not justified or excused

Malice is:

1) intent to kill
2) intent to do great bodily harm, or
3) intent to create a high risk of death or great bodily harm with knowledge that death or great bodily harm will be the probable result

Question 4

Voluntary Manslaughter

Answer 4

1) When the defendant acted, she acted on impulse from passion instead of judgment
2) the killing must itself result from this emotional excitement

Question 5

Felony Murder

Answer 5

Felony + killing = murder

Michigan requires proof of malice and specific crimes can be the felony (arson, larceny, home invasion, or robbery)

Question 6

Self-Defense

Answer 6

Evidence must show:

1) defendant honestly and reasonably believed that he was in imminent danger
2) the feared danger was death or serious bodily harm
3) the action taken appeared at the time to be immediately necessary
4) the defendant was not the initial aggressor
5) (for statutory self-defense) accused was not engaged in the commission of a crime

Once evidence of self-defense is introduced, the
prosecutor bears the burden of disproving it beyond a reasonable doubt.

Question 7

Voluntary Intoxication

Answer 7

Defense to specific crimes only if:

1) defendant legally obtained and properly used medication or another substance, and
2) did not know or reasonably should have known that he would become intoxicated

Question 8

Robbery

Answer 8

A person who in the course of committing a larceny, uses force or violation against any person who is present, or who assaults or puts the person in fear is guilty of robbery.
-in the course of = includes an attempt to commit the larceny and flight or attempted flight after the larceny

Elements:

1) using force or violence against or putting complainant in fear,
2) while in the course of committing and
3) the complainant was present while the defendant was in the course of committing a larceny

Does not require actual taking or larceny but rather contemplates an attempted larceny

Question 9

Armed Robbery

Answer 9

A person is guilty of armed robbery in Michigan, if while committing a robbery he or she:

1) possessed a weapon designed to be dangerous and capable of causing death or serious injury,
2) possessed any object capable of causing death of serious injury and the defendant used it as a weapon,
3) possessed any other object used or fashioned in a manner to lead the person who was present to reasonably believe it was a dangerous weapon, or
4) resented orally or otherwise that he was in possession of a weapon

Question 10

First-Degree Home Invasion

Answer 10

1) Defendant broke and entered into a dwelling OR entered the dwelling without permission; and
2) the defendant intended to commit a felony, larceny, or assault at the time of entering, OR at any time the defendant was present in or leaving the dwelling, he or she committed a felony, larceny, or assault; and
3) when the defendant was entering, present in, or leaving the dwelling, either the defendant was armed with a dangerous weapon OR another person was lawfully present in the dwelling
- -it is second degree home invasion if this third element is not present!
- -it is third degree if the defendant intends to commit a misdemeanor inside

Dwelling: structure or shelter used to permanently or temporarily as place of abode

Question 11

Arson

Answer 11

Arson is present when a person willfully burns, damages, or destroys by fired or explosive:

• an apartment (1st degree)
• real prop that results in physical injury (1st degree)
• a dwelling (2nd degree)
• a building (3rd degree)
• person prop (3rd/4th degree)
• -degree is determined by prop value and whether person has prior conviction

Question 12

Possession of Controlled Substance with Intent to Deliver

Answer 12

1) defendant possessed a controlled substance
- -possession is not defined but can be actual or constructive
- –constructive exists when the totality of the circumstances indicates a sufficient nexus between defendant and the contraband (more than mere presence at location look more towards right to exercise control over it)
2) defendant knew she possessed a controlled substance
3) the defendant intended to deliver the controlled substance to someone else
3) the controlled substance defendant intended to deliver was in a mixture that weighed less than 50 grams

intent: possession with intent to deliver

Question 13

Conspiracy

Answer 13

1) An intentional agreement (express or implied) between two or more persons
- to show agreement look at circumstances, acts and conduct of the parties to establish agreement-in-fact
- can use circumstantial evidence and base on inferences
2) to intentionally commit an illegal act or
3) or to commit a legal act in an illegal manner

Crime of conspiracy is typically completely upon agreement
–Does not require an overt act, just mere acceptance of agreement

Intent is two-fold:

• intent to combine with others and
• intent to accomplish the illegal objective

Question 14

Assault with Intent to Do Great Bodily Harm

Answer 14

1) An attempt or threat with force or violence to do corporal harm to another (an assault) and
2) an intent to do great bodily harm less than murder

Specific intent crime

• requisite intent to do serious injury of an aggravated nature
• -can be derived from facts and circumstances, established by words or conduct and inferred from defendant’s actual force

Note: does not have to be actual injury!

Question 15

Transferred Intent

Answer 15

When defendant attempts to injury victim and hits another, two assaults have occurred.

Doctrine of transferred intent proves the requisite intent to fulfill the intent to the person injured.

Necessary state of mine must exist but need not be directed at a particular person (can be directed at someone else)

Question 16

Felony Firearm

Answer 16

1) Defendant possessed a firearm

2) during the commission of a felony

Question 17

Claim of Right Defense

Answer 17

One accused of a theft or theft related crime may defend through a claim or right of entitlement to the property in question

look at crime that is being charged to see if this defense is available to defendant

Question 18

Larceny

Answer 18

1) A taking (obtaining control)
2) and carrying away
3) of tangible personal property
4) of another with possession
5) by trespass
6) with intent to permanently deprive that person of her interest in property

Question 19

Test to Bind Over

Answer 19

Probable cause
-defined as sufficient to make a person of ordinary caution and prudence to conscientiously entertain a reasonable believer defendants guilt

Question 20

Distinguishing between levels of homicide

Answer 20

Murder is distinguished from manslaughter because murder contains malice and manslaughter malice is negated by the killer’s state of mind

First-degree murder is distinguished from second-degree by premeditation and deliberation

Question 21

Felon in Possession

Answer 21

Disqualifies convicted felons from possessing a firearm

Question 22

Self-Defense in Home Invasion

Answer 22

A rebuttable presumption exists in MI that an individual who uses deadly force has an honest and reasonable belief that death or great bodily harm is imminent if, among other things, the person against whom deadly force id used is in the process of breaking and entering a dwelling or committing a home invasion and is in the dwelling when deadly forced is used

Question 23

Carjacking

Answer 23

1) Defendant uses force or violence, threatened the use of force of violence, assaulted or put another person in fear
2) defendant did so while in the course of committing a larceny of a motor vehicle
- larceny is taking and movement of someone else’s motor vehicle with intent to take it away from that person permanently
- in the course of committing a larceny or during the commission of
3) another person was the operator, passenger or otherwise in lawful possession of the motor vehicle

Question 24

Carrying a Concealed Weapon

Answer 24

Felony to carry concealed weapon (either on one’s person or in one’s automobile) dangerous weapon without a permit

• hunting knives generally excluded
• momentary innocent possession is not a defense to unlawfully carrying a concealed weapon

Question 25

Accessory After the Fact

Answer 25

1) someone else other than defendant committed the crime
2) the defendant helped the other person in an effort to avoid discovery, arrest, trial or punishment
3) when defendant gave help he knew of committed crime
4) defendant intended to help someone avoid discovery, arrest, trial or punishment

Question 26

Bank Robbery

Answer 26

1) Putting another person in fear for the purpose of stealing money
2) from a bank or depository

Question 27

Felonious Assault

Answer 27

Assault with a dangerous weapon:

1) defendant either attempted to commit a battery on someone or did an act that would cause a reasonable person to fear or apprehend a battery
2) the defendant intended to injure the person or to make the person reasonably fear an immediate battery
3) at that time, the defendant had the ability to commit a battery, appeared to have the ability or thought he had the ability and
4) the defendant committed the assault with a dangerous weapon

Question 28

Fleeing and Eluding Police

Answer 28

1) A police officer in uniform was performing his lawful duties and was driving an adequately marked police vehicle
2) the defendant was driving a motor vehicle
3) the officer ordered the defendant to stop his vehicle
4) the defendant knew of the order
5) defendant refused to obey the order by trying to flee and avoid being caught

Question 29

Involuntary Manslaughter

Answer 29

1) Defendant caused the death of the decedent
2) Defendant acted in a grossly negligent manner in doing the act that caused the death
3) Defendant caused the death without lawful excuse or justification

grossly negligent in crim law = defendant knew of the danger to another; defendant could have avoided injuring another by using ordinary care; a reasonable person would conclude that a likely result of the defendants conduct was serious injury