Criminal Law

Question 1

Criminal causation actual (factual) cause

Answer 1

Single cause–but for defendant’s conduct, crime would not have occurred
Multiple causes–defendant’s conduct was substantial factor causing crime

Question 2

Proximate (legal) cause

Answer 2

Crime was natural, probable & foreseeable consequence of defendant’s conduct

Question 3

Is mistake of fact a defense to rape?

Answer 3

Rape is a general intent crime (meaning the defendant must consciously perform the unlawful act). As a result, mistake of fact is a defense if the defendant’s honest, reasonable, but mistaken belief negated the intent to engage in nonconsensual sexual intercourse with the victim.

Question 4

Solicitation

Answer 4

Solicitation is an inchoate crime that occurs when a person (1) entices or encourages another to commit a crime (2) with the specific intent that the solicited crime be committed. Solicitation is completed–regardless of whether the solicited party agrees to commit or takes any steps towards doing so–once these elements are met. Therefore, a complete and voluntary renunciation of one’s criminal purpose (i.e., withdrawal) is no defense to solicitation in common law and most other jurisdictions.

Question 5

Is withdrawal a defense to solicitation?

Answer 5

No

Question 6

Robbery and its lesser includeds

Answer 6

Robbery requires a taking of the victim’s property by force or intimidation. Larceny satisfies the taking requirement and battery/assault satisfy the force intimidation requirement, so they are lesser included offenses that merge with robbery.

Question 7

Larceny and when it is elevated to robbery

Answer 7

Larceny is the unlawful taking of the victim’s personal property with the specific intent to permanently deprive the victim of that property. Larceny is elevated to robbery when: (1) the property is taken from the victim’s person or presence and (2) the taking is achieved by force of threat of force against the victim, the victim’s family member, or another person present.

Question 8

Battery

Answer 8

The unlawful application of force to another resulting in bodily injury or an offensive touching

Question 9

Assault

Answer 9

An attempted battery or conduct that intentionally puts the victim in reasonable apprehension of imminent bodily harm

Question 10

Merger of inchoate & completed crimes

Answer 10

attempt and solicitation merge if the crime is completed, while conspiracy is a separate charge that does not merge and can still be charged even if the crime is complete