Practice Set 1

Question 1

What are the elements of someone who is an accomplice?

Answer 1

1. Purpose promoting / facilitation of crime / offense

2. Aids / abets principal during commission of crime

Question 2

What type of assistance can accomplices provide?

Answer 2

1. Verbal encouragement
2. Financial assistance
3. Physical assistance
4. Intent to provide encouragement + assistance

Question 3

Can accomplices be liable for crimes other than the ones it provided assistance for?

Answer 3

Yes as long as other crimes are natural and probable consequences of the accomplice’s conduct

Question 4

What happens to the underlying felony in a case involving felony murder?

Answer 4

The underlying felony merges into the crime of felony murder

Question 5

What is the doctrine of merger?

Answer 5

When a single act simultaneously fulfills the definition of two separate offenses and lesser offense drops out

Question 6

What are the elements of arson?

Answer 6

1. Malicious
2. Burning - must affect structure + charring if wood
3. Dwelling of another - expanded to own house + non-dwellings but doesn’t include burning contents

Question 7

What are the elements of larceny by trick?

Answer 7

1. Larceny - (a) trespassory, (b) taking / carry away, (c) personal property (d) of another
2. Fraud / deceit
3. Conversion of property of another

Question 8

What is the effect of doing a substantial step for an attempted crime?

Answer 8

The crime is completed + can’t abandon or withdraw anymore

Question 9

What is the effect of impossibility on an attempted crime?

Answer 9

1. Factual impossibility is not a defense if substantial step has been taken
2. Legal impossibility is a defense if intended act is not a crime