Exam Missed Questions

Question 1

When is mistake of fact a defense?

Answer 1

To specific intent crimes (like robbery) when the D’s honest mistaken belief negates the requisite intent- even if the belief was unreasonable

Question 2

What is the difference between false pretenses and larceny by trick?

Answer 2

False pretenses requires that a person obtain title to- not mere possession of- another property.

Question 3

When may a person use deadly vs. non-deadly force to prevent the commishion of a felony?

Answer 3

May use deadly force to prevent the commish of a serious felony inolving imminent death or serious bodily injury.

May use non-deadly force to stop lesser felony or a breach of the peace misdomeanor.

Question 4

Under the 6th Amend, when is defense counsel considered ineffective?

Answer 4

When
1. his/hear performance was deficient
AND
2. there is a reasonable probability that the trial’s outcome would have been different absent the deficient performance.