General Concepts

Question 1

What is the maximum prison sentence for a misdemeanor?

Answer 1

12 months

Question 2

What is a principal in the first degree?

Answer 2

perpetrates the crime; need not be present

Question 3

What is a principal in the second degree

Answer 3

shares PFD’s intent that the crime be committed
or aids, abets, encourages, assists, or advises PFD in commission of crime; must be present, but must do more than be present and flee

Question 4

What is an accessory before the fact?

Answer 4

assists or encourages commission of the crime (knowledge of principal’s intent is not enough) but not present during the commission of the crime

Question 5

What is an accessory after the fact?

Answer 5

knows a felony has been committed and aids or assists
a PFD or accessory to avoid prosecution; not punishable for the crime of the principal (punished as a separate crime)

Question 6

What are accessories liable for?

Answer 6

• ABF and AAF may be indicted with PFD or separately
• ABF and AAF may be tried even if PFD has not been convicted if it is proven that PFD committed a criminal offense
• PSD and ABF also criminally liable for “incidental probable consequences or crimes” committed by PFD in furtherance of crimes they considered committing together

Question 7

How does one withdraw from a criminal enterprise and escape liability?

Answer 7

• Withdrawal must be prior to the completion of the crime and evidenced by acts or words showing other crime participants that he opposes the conduct
• If the crime is nevertheless completed after withdrawal, need independent cause to absolve the withdrawing party from criminal liability

Question 8

What is the M’Naghten defense and what are its elements?

Answer 8

Insanity defense. D did not know nature and quality, or wrongfulness of the act because of a defect due to mental disease

Question 9

What is the irresistible impulse defense and what are its elements?

Answer 9

Insanity defense. D is able to understand the nature and consequences of his act and knows it is wrong, but lacks the mental power to control or restrain his act

Question 10

When must an insanity defense be raised in order to be timely?

Answer 10

At least 60 days before trial.

Question 11

How does intoxication affect mens rea?

Answer 11

Voluntary: Not a defense unless intoxication prevents deliberation and premeditation

Involuntary: Must negate an element of a general or specific intent crime