Criminal

Question 1

Robbery

Answer 1

For robbery, a taking by intimidation occurs when there is an immediate threat of death or serious physical injury to the victim, a close family member, or another person present. But a threat to damage or destroy property, other than the victim’s home, is not sufficient.

Question 2

Common Law Property Crime

Answer 2

Common-law property crimes limit criminal liability to the trespassory or otherwise unlawful taking of tangible property.

Question 3

Consent, Rape, and Fraud

Answer 3

Fraud in factum occurs when the fraud pertains to the nature of the act itself and negates a rape victim’s consent.

fraud in the inducement occurs when fraud is used to gain consent to what the victim knows is an act of sexual intercourse and does not negate the victim’s consent.

Question 4

Attempted Robbery

Answer 4

D can be charged with attempted robbery if the victim was not fearful of the defendant’s threat

Not Robbery because it was not completed with all the elements

Question 5

Model Penal Code & Intoxication

Answer 5

Voluntary intoxication is a defense to crimes that require the defendant to have acted purposely or knowingly