Practice Set 2

Question 1

What are the elements to larceny?

Answer 1

1. Taking / carrying away
2. Property of another
3. With intent to deprive permanently at time of taking

Question 2

What is the Pinkerton Rule?

Answer 2

Every co-conspirator is guilty of foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge

Question 3

When must a co-conspirator be acquitted when other co-conspirators are tried in the same trial?

Answer 3

When the other co-conspirators are acquitted

Even proving existence of conspiracy will not save P if co-D’s are acquitted

Question 4

When does an attempted murder and a murder not merge?

Answer 4

When they are committed against two different victims, ie: failed to kill intended target but killed someone else

Question 5

What is the distinguishing point between criminal negligence (involuntary manslaughter) and reckless indifference to human life (murder)?

Answer 5

Most jurisdictions require the defendant to be aware of the danger and ignore the danger for reckless indifference, not just good faith mistake in criminal negligence

Question 6

What are the elements of bigamy?

Answer 6

Marrying someone while still married to another person; strict liability crime

Question 7

What are the elements of rape?

Answer 7

1. Unlawful (at CL excludes husband)
2. Sexual intercourse
3. With a female (now gender neutral)
4. Against will (a) by force or (b) threat of immediate force