Mixed Criminal Law

Question 1

What does larceny by trick require?

Answer 1

A false statement of past or present material fact-gain possession.

Question 2

What does larceny by false pretenses requires?

Answer 2

1. A false statement of past or present material fact

And

2. Defendant gains title to property.

Question 3

What is the default theory of felony murder?

Answer 3

The agency theory of felony murder: A co-felon is guilty of felony murder only when the killing is caused by one of the co-felons.

Question 4

What is the human shield exception to the agency theory of felony murder?

Answer 4

A co-felon is guilty of the death of a person used by a co-felon as a human shield even if not killed by felon.

Question 5

What is the redline rule for felony murder?

Answer 5

To be guilty of felony murder:

1. The killing must have been done in the furtherance of the felony
2. The victim must be an innocent party. A co-felon cannot be liable of the death of another co-felon.

Question 6

Can you solicit an attempt?

Answer 6

No, a party either does it or they do not do it.

Question 7

What is the burden of persuasion for insanity in federal court?

Answer 7

The defendant must prove insanity by clear and convincing evidence.

Question 8

What do specific intent crimes require?

Answer 8

That the defendant had the intent to perform the act and bring about the outcome.

Question 9

List the specific intent crimes.

Answer 9

1. Solicitation
2. Conspiracy
3. Attempt
4. Robbery
5. Burglary
6. Assault
7. False Imprisonment
8. First Degree Murder
9. Larceny
10. Embezzlement

Question 10

List the crimes not requiring specific intent.

Answer 10

1. Rape
2. Arson
3. Battery
4. Involuntary Manslaughter
5. Depraved Heart Murder

Question 11

What are common defenses to specific intent crimes?

Answer 11

1. Voluntary intoxication
2. Reasonable mistake of fact
3. Unreasonable mistake of fact, if honest

Question 12

What mistake defense is available for general intent crimes?

Answer 12

Only a reasonable mistake of fact.

Question 13

What is the standard for defense of others?

Answer 13

The actor need only have a reasonable belief that the person aided would have the right of self defense.

Question 14

When must a victim die for a defendant to be tried for homicide?

Answer 14

Anytime after the defendant acts that foreseeably could cause the death.

Question 15

What is the criminal liability of co-conspirators?

Answer 15

Liable for all crimes committed in furtherance of the conspiracy.

Question 16

What must happen to remove liability for pinkerton crimes in a conspiracy?

Answer 16

1. Defendant must notify all other members of the conspiracy of withdrawal

And

2. Notice is timely such that other members have the opportunity to abort their plans.
   * More Info:* Pinkerton - Withdrawal

Question 17

When does the duty to retreat apply?

Answer 17

When deadly force is being threatened.

Question 18

What knowledge must a solicitee (a person being solicited) possess for a defendant to be convicted of solicitation?

Answer 18

That the person who is being solicited knows what they are doing is a crime or should know it is a crime.

Question 19

What is the mens rea for conspiracy?

Answer 19

All parties to the conspiracy must intend to bring about the specific result.

Question 20

For arson, differentiate the effect of a flame blackeningversuscharring property

Answer 20

Blackening ≠ Arson

Charring = Arson

Question 21

What is scienter?

Answer 21

Guilty knowledge

Question 22

What is the doctrine of continuing trespass?

Answer 22

A defendant who takes another’s property intending only to use it temporarily before restoring it unconditionally to its owner may nevertheless be guilty of larceny if he later changes his mind and decides not to return the property.

Question 23

Where can a person never commit a burglary?

Answer 23

In the place they live.