Criminal Law

Question 1

Adequate provocation

Answer 1

Sufficient provocation to reduce a reasonable person to kill

Question 2

Rule of lenity

Answer 2

Require courts to construe laws in the manner most favorable to the defendant

Question 3

Intoxication (FL)

Answer 3

Voluntary intoxication, is never a defense

Question 4

Is conditional intent still intent?

Answer 4

Yes

Question 5

Larceny

Answer 5

Trespassory taking and carrying away
Personal property of another
Intent to deprive permanently

Question 6

Robbery

Answer 6

Trespassory taking and carrying away
Personal property of another
Intent to deprive permanently

+threat or actual use of violence or force

Question 7

Two categories of homicide

Answer 7

1. Murder
2. Manslaughter

Question 8

Types of manslaughter

Answer 8

1. Voluntary- adequate provocation, imperfect self-defense
2. Involuntary- reckless/extreme indifference

Question 9

Killing is presumptively wrong, but

Answer 9

Excuse
Justification
Mitigation

Question 10

Adequate provocation : Examples

Answer 10

1. Felonious assault of family member
2. Series of events
3. Suffering Battery
4. Discovering Adultery

Question 11

Adequate provocation (fl)

Answer 11

Same as common law

Question 12

True/False: Felony murder requires murder to be proven?

Answer 12

True

Question 13

Possession (types)

Answer 13

Actual
Constructive
Joint

Question 14

Custody

Answer 14

Temporary possession for a limited purpose

Question 15

Theft crimes

Answer 15

Larceny
Robbery
False Pretenses
Embezzlement

Question 16

Burglary (Florida)

Answer 16

1. Entering (unless open to public, licensee, invitee)
2. Remaining
   a. Surreptitiously
   b. After permission has been withdrawn
   c. To commit a forcible felony

Question 17

Burglary (MPC)

Answer 17

1. Entering building or structure
2. With the purpose of committing a crime
3. Unless the premises are open to public, or the person is licensed to enter

Question 18

Burglary (Common Law)

Answer 18

1. Breaking and Entering
2. Into the dwelling of another
3. At night
4. With the intent to commit a felony therein

Question 19

Attempted Felony Murder (Florida)

Answer 19

1. any person who perpetrates or attempts to perpetrate any enumerated felony
2. Who commits, aids, abets, an intentional act that
3. That is not an essential element of the felony
4. That could, but does not, cause the death of another

Question 20

Solicitation (Florida)

Answer 20

Asking to commit or attempt to commit an offence

Question 21

Attempt (Florida)

Answer 21

1. Any act toward the commission of an offense
2. But Fails, is intercepted, or prevented in the execution

Question 22

Insanity Excuse (Florida)

Answer 22

M’Naughten Rule - Actor did not know the nature and quality of the act he was doing; or did not know that it was wrong.

Question 23

Insanity Excuses

Answer 23

1. M’Naghten Rule - Did not know the nature and quality of the act he was doing; or did not know that it was wrong.
2. Irresistible Impulse Test - (1) Under such mental defect to be unable to distinguish right and wrong (2) Irresistible impulse
3. Durham (product) test - Not responsible if mental disease made the defendant do it
4. Americal Law Institute Rule (ALI) - M’Naghten + Irresistible Impulse

Question 24

Year-and-a-day-rule

Answer 24

After a year and a day, injuries are not the cause of death.
(NOT applicable in Florida)

Question 25

Murder (Common Law)

Answer 25

The unlawful killing of a human being with malice aforethought

Question 26

Voluntary Manslaughter (Common Law)

Answer 26

1. Intentional killing 2. in the heat of passion 3. with adequate provocation 4. without a cooling off period

Question 27

Robbery (Common Law)

Answer 27

1. Trespassory Taking and carrying away 2. of another's property 3. from his presence 4. by force or threat of force 5. with the intent to deprive permanently

Question 28

Self-defense

Answer 28

PINAR: Proportional Imminent Necessary Actual Reasonable

Question 29

Diminished Capacity

Answer 29

A mental deficiency at the time of the act, not insanity, may convict of a lesser offense

Question 30

Murder (Florida)

Answer 30

1. First Degree a. Intentional b. When engaged in enumerated felonies c. Distribution as a proximate cause 2. Second Degree a. Depraved Mind - Imminently Dangerous b. By another when engaged in enumerated felonies (Felony Murder) 3. Third Degree a. When engaged in a felony not enumerated

Question 31

Voluntary Manslaughter: Two Paths

Answer 31

Unlawful killing without malice 1. Adequate Provocation 2. Imperfect Self-defense

Question 32

Imperfect self-defense

Answer 32

1. Self-defense, but was the aggressor 2. Self-defense, but after the aggressor withdrew 3. Self-defense, but with unreasonable belief that deadly force was needed

Question 33

Involuntary manslaughter: paths

Answer 33

Unlawful killing through 1. criminally gross-negligence 2. "misdemeanor-manslaughter (unlawful act)

Question 34

Crimes against the person

Answer 34

1. Homicide 2. Battery