crim law Flashcards
sources of criminal law-common law crimes retained
Fl has always had a retention statute retaining the common law crimes where there is no existing provision by statute on the subject
merger of lesser-included offenses
FL Leg has specifically provided that the underlying felony in a felony murder action is not necessarily a lesser included offense of the felony murder. Thus a D may be convicted of both felony murder and the underlying felony
merger in crim law: rules against multiple convictions for parts of the same transaction
Fl Leg has expressly stated intent to separately punish each each separate criminal offense committed in the course of a criminal transaction or episode except for: 1-offenses that require identical elements of proof; 2-offenses that are degrees of the same offense as provided by statute; and, 3- offenses that are lesser offenses, the statutory elements of which are subsumed by the greater offense.
accomplice liability-parties to a crime
Florida views an accessory before the fact as a principal. anyone involved is a principal.
accomplice liability-after the fact
Fl exempts close relatives unless the crime was a capital, life, 1st-degree, or 2nd-degree felony. Any person who assists another, knowing that the other person has committed an offense against a child and with the intent that the other person avoid apprehension or punishment, regardless of the relationship to the other person, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.
solicitation defenses
FL provides a defense to the charge of solicitation if the accused, after having solicited another person to commit an offense, persuades the their person not to commit the offense or otherwise prevents its commission. The circumstances must manifest a complete and voluntary renunciation of criminal purpose by the accused.
conspiracy, effect of acquittal of other conspirators
the acquittal of all co-conspirators does not preclude prosecution of the remaining D for conspiracy. Furthermore, such prosecution is not precluded where one or all alleged co-conspirators have been convicted of the substantive offense, even though all have been acquitted of conspiracy.
conspiracy-requirement of overt act
FL does not require an overt act to complete the crime of conspiracy.
Conspiracy-withdrawal as defense to conspiracy charge
FL provides a defense to the charge of criminal conspiracy if the accused, after having engaged in criminal conspiracy, persuades all co-conspirators not to commit the target offense or otherwise prevents its commission. Circumstances must manifest a complete and voluntary renunciation of criminal purpose by the accused.
attempt, defense of abandonment
FL provides a defense to the charge of criminal attempt if the accused, after having engaged in a criminal attempt, abandons his attempt to commit the offense, or otherwise prevents its commission. Circumstances must manifest a complete and voluntary renunciation of criminal purpose by the accused.
punishment for attempt
D convicted of solicitation, conspiracy, or attempt generally punished pursuant to penalties provided for next lower degree of the substantive offense.
insanity formula
FL uses the M’Nagthen Rules; does not permit irresistible impulse as a defense
insanity burden
D has burden of proving defense of insanity by clear and convincing evidence; FL requires D to give notice of his intent to rely on insanity defense; FL allows introduction of nonexpert evidence of D’s sanity
voluntary intoxication as a defense
voluntary intoxication is not a defense to any offense prescribed by law; not admissible to show D lacked specific intent to commit an offense or that D was insane at the time of the offense, except when consumption or use of a controlled substance was pursuant to lawful prescription issued to a D by a practitioner.
