Crim

Question 1

A defendant who commits solicitation or conspiracy is often subject to

Answer 1

Accomplice liability for the encouraged crime

Question 2

Does conspiracy and solicitation merge with the completed crime?

Answer 2

Conspiracy does not - solicitation does!

Question 3

Under the Model Penal Code test for insanity, who has the burden of proving sanity?

Answer 3

Once the defendant has put his/her sanity at issue - the burden shifts to the Prosecution to prove sanity beyond a reasonable doubt

Question 4

Depraved heart murder is the reckless disregard of an obvious or unjustifiably high risk of causing death or serious bodily injury. In most jurisdictions, must the Defendant realize the danger her conduct poses?

Answer 4

Yes, in most jurisdictions the Defendant must actually realize the danger posed by his/her conduct to be convicted of common-law murder under this standard

Question 5

What is the minority view on the Defendant’s knowledge of danger of her conduct for depraved heart murder?

Answer 5

In a minority jurisdiction, guilt for depraved heart murder can be imposed if a reasonable person in the defendant’s position would have realized the danger posed by his/her conduct

Question 6

In a criminal and civil case involving sexual assault or child molestation, evidence that the accused committed any other sexual assault or child molestation is admissible for

Answer 6

ANY relavant purpose - even propensity

Question 7

In a majority jursidiction

Can an accomplice be convicted even if the principal was never tried for, convicted of, the aided/ecouraged crime?

Answer 7

Yes.

Question 8

Can presence establish an accomplice?

Answer 8

No. An Accomplice intentionally aids or encourages the principal before or during a crime with the specific intent that the crime be completed.

Question 9

Are persons who aid a principal after a crime is completed - liable for the crime the principal committed?

Answer 9

No. They are liable for a separate offense (generally harboring a fugitive)

Question 10

An intentional murder can be reduced to voluntary manslaughter if

Answer 10

the defendant killed the victim in response to adequate procation (conduct that would cause a sudden and intense passion in a reasonable person - example: serious battery)

and

in the heat passion (no cooling off)

Question 11

For larceny is an honest mistake about ownership even if unreasonable a valid defense?

Answer 11

Yes, an honest mistake even if unreasonable is a defense to larceny

Question 13

Are theft crimes specific intent crimes?

Answer 13

Yes. This means that to establish the crime there must be intent actually take the property.

Question 14

What is the difference between false pretenses and larceny by trick?

Answer 14

False pretenses - acquire title (including money) of another person through the reliance of that person on a known false representation of a material past or present fact, when the representation was made with the intent to defraud.

Larceny by trick - obtain possession but not title.

Question 15

T/F: Possession of an illegal substance requires only that the defendant exercise control over the illegal substance

Answer 15

True. (The person does not need actual knowledge of the what the substance is)

Question 16

What is the Wharton Rule

Answer 16

If the crime requires two people - then in order for there to be a conspiracy there must be more than two people involved

Question 17

A conspiracy can exist among individuals who do not know each other when there is what?

Answer 17

a community interest in the achievement of the objective of the conspiracy

They each must play a role in the common objective

Question 18

In involuntary intoxication a defense to any crime?

Answer 18

Yes