Flashcards in Page 28 Deck (27):
How do you determine the difference between robbery and aggravated robbery?
- Was defendant under the dangerous/deadly weapon?
- did defendant show a weapon, or represent that he had one, even if he didn't?
- Was serious bodily injury inflicted?
- Did D have an accomplice?
What is extortion?
A threat to cause the victim, or another person future harm along with intent to receive the victim's property as a result of the threat
Do threats for extortion have to be a physical injury?
Must be the controlling cause for giving up your property in an extortion case?
What does the property involved in extortion have to be?
Anything of value
What must the threat be for extortion?
Anything that induces the victim to do any act against his will
Examples of threats for extortion:
Threats to cause bodily harm, damage to personal property, harm to another person, accuse the victim of a crime, expose a secret, etc.
Threats for extortion can come in which two ways?
Written or oral
The elements of extortion?
- Taking of property
- from another
- by threat of future violence
If in an extortion situation, the defendant is threatening to reveal true facts, is that a defense?
Why are threats to get payment for a debt not usually extortion?
Because the defendant is entitled to the property, so he lacks the intent to extort for gain
What are the three different types of crimes that mistake of fact defense to theft involves?
Specific intent crimes, general intent crimes, strict liability crimes
How does mistake of fact apply to specific intent crimes for theft?
Just need a good faith mistake, even if it is totally unreasonable
If a defendant dragged a woman down an alley kicking and screaming with the intent to rape her, but he honestly believed she was consenting, would that be a defense?
Yes, because honestly believed it and it doesn't matter if that was unreasonable, all that matters is a good faith belief for a mistake of fact defense to a specific intent crime (attempted rape)
How does mistake of fact apply to general intent crimes?
Mistake must be both reasonable and in good faith (A reasonable person in the same circumstances would've also been mistaken)
How does mistake of fact apply to strict liability crimes?
Since they have no mental state to negate, mistake of fact can never be a defense
How is Necessity/Conversion a defense to theft crimes?
Can be a mitigating circumstance when the lesser evil doctrine is applied
What is the lesser evil doctrine?
If you were committing a crime to avoid a greater evil, that can be a valid defense
Example of the lesser evil doctrine?
Someone tells you they will kill you unless you burn down a building, arson is okay because you were avoiding the greater evil of death
If someone tells you that you must kill someone else in order to not die yourself, is that an example of the greater evil doctrine?
No, because one homicide is not a greater evil than another
Why are necessity and coercion not usually defenses to homicide?
Because there is no greater evil than murder, unless you commit one killing to avoid the killing of me
When would the lesser evil doctrine apply to murder?
Only in a situation where you commit one killing in order to avoid killing many
What are the two different views of entrapment?
a. Common law/majority view: pre-disposal to commit crime
b. Modern/minority view: law-enforcement action induced the crime
What is the pre-disposal view of entrapment?
If the defendant is predisposed to commit the crime, there is no entrapment
What is an example of a pre-disposal situation that would make it so there was no entrapment?
Defendant goes to a store to case the place for robbery, is approached by a cop who suggests a crime. No entrapment because he was predisposed to commit the crime
What Is the minority inducement approach to entrapment?
Asks the question whether the cops' actions would have induced a reasonable person to commit the crime. If so, there was entrapment