NC Criminal Law

Question 1

“Year and a Day” Rule

Answer 1

Under common law, if a person died a year and a day after the conduct that caused the death, not murder.

NC has abolished this rule.

Question 2

First Degree Murder

Answer 2

Three ways to get First Degree Murder

1. Premeditation + Deliberation
2. Special Means
3. Felony Murder

Premeditation (Quantity of Thought): Need not last any perceptible amount of time, so long as a “fixed design to kill” develops.

Deliberation (Quality of Thought): A state of mind undisturbed by hot blood, i.e. not overcome by emotion when decision to kill is made.

Question 3

Special Means for First Degree Murder

Answer 3

1. Nukes, Chemical or Bio WMDs
2. Poison
3. Lying in Wait
4. Imprisonment
5. Starving
6. Torture

Question 4

Second Degree Murder

Answer 4

All murders that are not First Degree. Requires:

Killing + Malice

Question 5

Malice

Answer 5

Can be express or implied.

Express Malice: An intent to kill

Implied Malice: Inherently dangerous act or omission manifesting an utter disregard for human life (i.e. depraved heart murder)

Question 6

Voluntary Manslaughter

Answer 6

NC Common Law defines as mitigated murder. Can result from either:

Adequate Provocation

1. Unlawful Restraint
2. Assault
3. Adultery (must catch in act or clear just completed)

Imperfect Self Defense

1. Excessive/disproportionate force
2. D started fight then unintentionally killed
3. Honest but unreasonable belief deadly force needed

Question 7

Involuntary Manslaughter

Answer 7

Unintentional Killing + No Malice

Resulting from:

1. Nonfelonious unlawful act (i.e. speeding)
2. Light blow to eggshell victim
3. Criminal Negligence

Question 8

Criminal Negligence

Answer 8

Recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others.

Crim Neg is more than civil neg but less than Malice

Question 9

Felony Murder

Answer 9

A murder committed in the perpetration (or attempt) of:

1. Burglary
2. Arson
3. Rape / Sex Offense
4. Robbery
5. Kidnapping

Also includes ANY felony/attempted felony with a deadly weapon (liberally interpreted in NC).

Sale of controlled substance = deadly weapon in NC.

Question 10

Battery

Answer 10

NC Common Law = Unlawful Physical Touching

Question 11

Assault

Answer 11

Attempted / Successful Battery; OR

A “show of violence” that must cause:

1. a reasonable apprehension of immediate bodily harm; AND
2. must also cause victim to engage in a course of action they otherwise would not have followed.

Question 12

Aggravated Assault

Answer 12

Harsher punishment under NC law for certain kinds of assaults. Generally the spectrum is:

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Male D over 18 v. any female</li>
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D v. child under 12</li>
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D v. school employee / volunteer during school-sponsored activity</li>
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D v. company or campus police officer</li>
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D v. handicapped person</li>
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Question 13

Mayhem

Answer 13

Under NC law it is illegalto engage in:

1. castration
2. maiming
3. disfiguring; or
4. thowing acid/alkaline on someone

Question 14

False Imprisonment

Answer 14

NC follows Common Law

1. Intentionally and unlawfully
2. Restrained or detained another person
3. Without their consent

Note: False imprisonment is a lesser included offense to kidnapping!

Note: Shopkeeper’s Privilege in NC requires PROBABLE CAUSE, not just reasonable suspicion of theft.

Question 15

Kidnapping

Answer 15

False imprisonment for a “certain purpose”

NO MOVEMENT REQUIRED

Certain Purposes are:

1. Holding for ransom/hostage/shield;
2. Facilitating other felony or flight therefrom;
3. Serious bodily harm to or terrorizing victim; or
4. Holding victim in involuntary servitude

Question 16

First and Second Degree Kidnapping

Answer 16

First-degree occurs when the Victim is:

1. not released in a safe place;
2. seriously injured; or
3. sexually assaulted

ALL other kidnappings are second-degree.

Question 17

Rape

Answer 17

Involves Penis to Vagina Penetration ONLY

ALL other sex acts => Sex Offenses, not “Rape”

Question 18

First Degree Rape

Answer 18

Penis/Vagina by force w/o consent AND actor:

1. Used or displayed a dangerous or deadly weapon (or something that a reasonable person would believe was one); or
2. Inflicts serious personal injury (mental or physical) to the victim or another person; or
3. Had a helper.

Also first degree rape if V a child under age of 13 and D is at least 12 yo AND at least 4 years older than V.

Question 19

Second Degree Rape

Answer 19

Penis/Vagina by force and without consent; OR

When D knew or should have known that V was:

1. mentally disabled
2. mentally incapacitated; or
3. physically helpless

Question 20

Statutory Rape

Answer 20

D has vaginal sex or engages in sexual act with V who is 13-15yo and D is at least six years older.

Exception: D and V are lawfully married

Lesser Sentence: if D between 4-6 years older than V.

MISTAKE OF AGE IS NOT A DEFENSE!

Question 21

Larceny

Answer 21

1. Trespassory taking and carrying away
2. of the tangible property of another
3. with intent to permanently deprive

Felonious if:

1. Over $1000 stolen;
2. Pursuant to Burglary or B&E;
3. Steal gun or explosive; or
4. steal from the person (i.e. pickpocketing)

Question 22

Doctrine of Recent Possession

Answer 22

In NC, if found in possession of stolen goods that were recently the subject of a theft, permits inference that you stole them.

Question 23

Lost Property Rule

Answer 23

Where there is a reasonable means of ascertaining the owner of lost property, it can’t be taken and kept for personal use.

Question 24

Embezzlement

Answer 24

1. D fraudulently or knowingly and willingly misapplied or converted the property of another;
2. That had been entrusted to D;
3. For a purpose other than the one for which D received it.

Question 25

Robbery

Answer 25

NC recognizes two forms of robbery 1. **Common Law Robbery**: Larceny from person or presence of a person by violence or intimidation. 2. **Armed Robbery**: Commit (**or attempt**) larceny from the person or presence of a person, by use of a firearm or dangerous weapon.

Question 26

False Pretenses

Answer 26

a. **false representation** of a fact _or_ regarding a future fulfillment or event; b. made with **intent to deceive**; c. **actually does** deceive; and d. obtain or attempt to obtain something of **value** NC Distinction Note: NO need for title to pass! Creates overlap in NC between False Pretenses and Larceny by Trick. Passing a bad check for property = False Pretenses!

Question 27

Burglary

Answer 27

North Carolina defines burglary as: 1. B&E of the dwelling house of another; 2. at night; 3. with intent to commit a felony (or any larceny) at time of entry; Use of fraud, deceit, or intimidation to gain entry = "constructive breaking" Entry of tool can = entry, UNLESS the tool is inserted solely for the purpose of breaking. First Degree = Occupied / Second Degree = Not

Question 28

Arson

Answer 28

Modified Common Law Arson is the **malicious burning** of the **dwelling** of **another**. 1st Deg = Occupied (even if killed first) 2nd Deg = Unoccupied

Question 29

Solicitation

Answer 29

Common law offense: Enticing, advising, inciting, inducing, urging, or otherwise **encouraging another to commit a felony** or breach of the peace. Under NC law, solicitation of a felony punished **two classes lower** than the solicited crime. Solicitation of **misdemeanor assault** or misdemeanor **obstruction of justice** = class 3 misdemeanor.

Question 30

Attempt

Answer 30

Two elements: 1) A **specific intent** to bring about a criminal result; and 2) A significant **overt act** in furtherance of that event. Attempt merges into the completed crime once committed. NC requires **more than mere prep**, must commence a chain of events likely to end in consummation. NC attempted murder by definition must be first-degree, because otherwise requisite mental state lacking. NC attempted voluntary manslaughter where intent to kill but mitigated by adequate provocation.

Question 31

Conspiracy

Answer 31

NC follows common law rule definition **NO overt act** required! Conspiracy is **complete upon agreement** Punishable one class lower than planned crime.

Question 32

Aiding and Abetting

Answer 32

NC follows common law Treats those who: **aid and abet,** or **act in concert** as ***PRINCIPALS*** to the crime

Question 33

Accessory After the Fact

Answer 33

Stand-alone crime in NC 1) **Knowingly assist** another to escape detection, arrest, or punishment; 2) For a **felony already committed**. "Knowingly assist" means knowledge that felony was committed.

Question 34

Possessory Offenses

Answer 34

Possession may be **actual** or **constructive** Constructive possession requires a showing of D's power and intent to control disposition. Totality of the Circumstances Test Nonexclusive possession of premises, absent other factors, is insufficient to prove consructive possession.

Question 35

Defense of **Insanity**

Answer 35

**M'Naghten Test:** D must prove that at time crime was committed, D did not know the nature of the act or did not know that it was wrong. D must prove insanity "to the **satisfaction of the jury**." Jury must be informed that a finding of not guilty by insanity does NOT mean release, but will require D to be held until civil commitment proceedings determine whether D should be confined to state hospital.

Question 36

Defense of **Infancy**

Question 37

Self-Defense *(Non-Deadly Force)*

Answer 37

**Jury decides reasonableness** of D's action Standard is if a **person of ordinary firmness** would have believed force was necessary In a non-deadly assault, D may only exchange blows.

Question 38

Self-Defense | (Deadly Force)

Answer 38

NC only permits use of deadly force in response to an actual deadly assault. Fear someone is about to commit assault is insufficient. Must be for self or a family member, no 3rd parties

Question 39

Defense of Home or Habitation

Answer 39

May use **deadly force** to defend home or habitation against another person attempting unauthorized entry IF 1) you reasonably believe there is **danger of death or bodily harm**; or 2) you readonably believe entering person intends to **commit a felony**

Question 40

Duty to Retreat

Answer 40

There is **NO duty to retreat under NC law** unless the assault responded to is non-felonious. There is **never a need to retreat from your home or business**, regardless of the character of the assault.

Question 41

Imperfect Self-Defense

Answer 41

Where V unreasonably uses deadly force; or The initial victim escalates the altercation to deadly force and initial aggressor ends up killing them.

Question 42

Defense of **Entrapment**

Answer 42

1) But for law enforcement's misrepresentation, trickery, persuasion, or fraud, he would not have committed the offense (b/c the criminal intent and design originates in the mind of one other than the D) **AND** 2) **D was not predisposed** to commit the offense. A clear distinction is to be drawn between *inducing a person to commit a crime he did not contemplate doing*, and the setting of a trap to catch him in the execution of a crime of his own conception.