Criminal Law

Question 1

Does underlying felony merge into felony murder?

Answer 1

Yes

Question 2

If a police officer kills someone in attempting to stop you from committing a crime, are you responsible for that death?

Answer 2

Generally no

Question 3

Does battery/assault merge into robbery?

Answer 3

Yes

Question 4

When must arson destroy the structure?

Answer 4

Arson

Question 5

What does false pretenses require?

Answer 5

1. Obtaining title to the property
2. of another person
3. through the reliance of that person
4. on a known false representation of a material past or present fact AND
5. the representation is made with the intent to defraud.

Question 6

What is larceny by trick?

Answer 6

when you obtain property through fraud or deceit with the intent to steal it

Question 7

What does attempt require and can you back out of attempt?

Answer 7

An attempt requires an intent to complete a crime and that the person take a substantial step towards completing the crime, once they take that step backing out has no effect

Question 8

What is a factual impossibility?

Answer 8

at the time of the attempt, the facts make the intended crime impossible to commit although the defendant is unaware of this when the attempt is made

Question 9

When does duress not apply as a defense?

Answer 9

Murder

Question 10

What type of intent crime is “fear of harm” assault

Answer 10

general intent

Question 11

The Pinkerton Rule

Answer 11

every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission

Question 12

Can a conspirator be convicted of conspiracy if all other conspirators are acquitted at the same trial?

Answer 12

No, because there must be more than one conspirator to have a conspiracy

Question 13

What type of intent crime is bigamy?

Answer 13

Specific intent

Question 14

What type of entering do you need for burgarly?

Answer 14

It needs to be unlawful and a breaking

Question 15

Is deadly force ok in response to a rape?

Answer 15

Yes, because rape is a serious felony that presents a risk of serious injury or death

Question 16

What are the four intent bases for murder?

Answer 16

1. intent to commit felony
2. intent to commit murder
3. intent to inflict serious harm (hitting head with bottle)
4. depraved heart

Question 17

If there is no principal, can there be an accomplice?

Answer 17

No

Question 18

What is majority vs minority approach to conviction of accomplice when principal is not/cannot be convicted

Answer 18

majority - can convict accomplice

minority & common law - cannot convict accomplice

Question 19

If you assist a crime by providing a weapon, and that weapon doesn’t end up being used, can you still be an accomplice to the crime?

Answer 19

Yes

Question 20

If kidnapping occurs incident to another crime, what is the movement requirement for the kidnapping?

Answer 20

It must be must be more than is necessary for the commission of that crime in order for the perpetrator to be liable for both kidnapping and the separate offense

Question 21

What is forgery?

Answer 21

The making of a false writing with apparent legal significant and with the intent to defraud

Question 22

Can you have both conspiracy and solicitation charges?

Answer 22

Yes, but don’t forget that solicitation mergers

Question 23

When is legal impossibility a defense?

Answer 23

When the intended act is not a crime

Question 24

Can a person be an accomplice when their action is an essential element of the the crime?

Answer 24

No

When the crime requires another party (i.e., the crime of distributing drugs requires a purchaser), the other party is not, simply by engaging in the criminal act, guilty of the crime as an accomplice.

Question 25

Is opening an unlocked door enough force for breaking for burglary?

Answer 25

Yes

Question 26

Redline Doctrine

Answer 26

a defendant is generally not guilty of felony murder when a victim or a police officer, acting in self-defense or trying to prevent the escape of the defendant or his co-felon, kills the co-felon.

Question 27

If a guy convinces girlfriend to kill a guy in a place where police hang out and police shoot girlfriend, is guy guilty of depraved heart murder

Answer 27

Yes

Question 28

Does the first amendment shield the media from liability for publishing information that was obtained illegally by a third party?

Answer 28

Yes, as long as the information involves a matter of public concern and the publisher did not obtain it unlawfully

Question 29

M'Naaghten Test

Answer 29

defendant cannot appreciate the wrongfulness of their conduct due to mental illness

Question 30

Wharton Rule

Answer 30

requires that a conspiracy have more parties than are necessary to complete the crime (drug deal situation)

Question 31

If defense of arrest is allowed to prevent a criminal from escaping?

Answer 31

Yes

Question 32

Voluntary manslaughter

Answer 32

malice aforethought BUT mitigation circumstances (heat of passion)

Question 33

• If you have consent to enter a house, but your entering exceeds that consent, then is that a breaking?

Answer 33

Yes ex: consent to enter for emergencies, but you enter to steal

Question 34

For felony murder does the felony need to be independent of the murder?

Answer 34

Yes, so if you commit battery and the victim dies that can’t be felony murder

Question 35

Do you need to complete the felony for felony murder?

Answer 35

No an attempt to commit an intended felony is enough

Question 36

May a person use deadly force to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside?.

Answer 36

Yes, unless the intruder is exiting

Question 37

Two assault situations

Answer 37

fear of harm or a failed attempt to commit battery when a substantial step was taken

Question 38

Is solicitation for a battery that never happens assault?

Answer 38

Yes

Question 39

Is there larceny, when it is the taking of real property items and the act of severance occurs immediately before carrying away the items?

Answer 39

Yes Ex: The act of harvesting fruit constitutes the severance of real, rather than personal property.

Question 40

If an agent of a company commits a crime and both the agent and the company are charged, can the defendants can argue that they are a single entity and there is no conspiracy?

Answer 40

Yes

Question 41

Type of intent for battery

Answer 41

general intent

Question 42

Can criminal negligence lead to a battery charge?

Answer 42

Yes

Question 43

Criminal negligence

Answer 43

a gross deviation from the standard of care of a reasonable person in the same situation

Question 44

Does any felony qualify for felony murder?

Answer 44

No, must commit an inherently dangerous felony (think BARRK)