Criminal Law 2

Question 1

What is the doctrine of transferred intent? (P1)

Answer 1

Under the doctrine of transferred intent, when a defendant acts with the intent to harm one person and that act directly results in harm to another, the defendant’s intent is transferred to the unintentionally harmed person.

Question 2

What type of killing of a co-felon will support a felony-murder conviction? (P1)

Answer 2

The death of a cofelon (i.e., an accomplice) can support a felony-murder conviction when the defendant unintentionally kills the cofelon while committing or attempting to commit the inherently dangerous felony.

However, most jurisdictions do not consider it felony murder when a cofelon is killed by a victim or a police officer during the commission of an inherently dangerous felony.

Question 3

What is the doctrine of merger? What are the two categories? (P1)

Answer 3

Under the doctrine of merger, a defendant can be convicted of more than one crime arising out of the same act

A defendant cannot be convicted of two crimes when those two crimes merger

Two categories of merger are:

1) Lesser-included offenses

2) The merger of an inchoate and a completed defense

Ex: Since larceny and battery/assault are lesser included offenses to robbery, they merge into the completed robbery. Therefore, the defendant may only be convicted of robbery—not its constituent offenses.

Question 4

What are the elements for conspiracy under the MPC? (P1)

Answer 4

Under the MPC, conspiracy requires that:

(1) the defendant enter into an agreement to commit a crime,

(2) the defendant specifically intend that the crime be committed, and

(3) at least one conspirator commit an overt act.

Note: Since the MPC follows the unilateral approach, only one party need actually agree to the conspiracy. (Contrast with common-law bilateral approach)

Question 5

What is never a defense to attempt? (P1)

Answer 5

Factual impossibility. It does not matter whether the crime attempted is factually impossible to commit due to circumstances unknown to the defendant.

Question 6

What is the substantial step test regarding attempt?

Answer 6

Under the subjective “substantial step” test (adopted in the majority of states) the conduct must exceed mere preparation and tend to effect the commission of the attempted crime.