Crim Common law

Question 1

Unilateral Solicitation (One way agreement)

Answer 1

Breton (Fake Hitman) Solicitation does not require bilateral agreement

Question 2

Solicitation turns Attempt

Answer 2

Decker - SOLICITATION MERGES TO ATTEMPT. Mental state of intent + Act in furtherance turns solicitation into ATTEMPT (Hired Hitman. Had multiple meetings. Set plan.)

Question 3

Conspiracy Liability Doctrine

Answer 3

Pinkerton- Liable for co-conspirators acts if Reasonably foreseeable in the conspiracy

Question 4

Small Role in Conspiracy

Answer 4

Alvarez - Pinkerton Forseeable consequence liability

Question 5

Multiple small conspiracy operations

Answer 5

Kotteakos - If multiple conspirators have no contact Can’t be single large conspiracy. (Credit union conspiracy)

Question 6

Mere presence liability for accomplice?

Answer 6

State v VT - Mere presence not enough for liability or complicity (Caught on film as friends discussed crime but did and said nothing)

Question 7

Accomplice liability for Natural and probable consequences

Answer 7

Sarusad - Must be knowledge that conduct would promote specific crime (Thought it was a fight but was a slide w homies)

Prettyman - Court must look at underlying crime intended and if result was natural and probable foreseeable consequence (Wife encourage man to beat homeless man)

Question 8

Innocent or unwitting person used to commit crime

Answer 8

Bailey - INNOCENT INSTRUMENTALITY RULE if so the one who used Innocent person is PRINCIPAL in first degree

Question 9

Abandoning Crime or rape

Answer 9

Ross - Overt act towards crime is attempt but if actively leave without overt act consciously this is not attempt (Left rape scene after pushing her down. No rape attempt)

Question 10

Mere preparation and intent?

Answer 10

Rizzo - Mere prep = intent

Question 11

Attempt requires Substantial step

Answer 11

Reeves - SUBSTANTIAL STEP Don’t need to be on brink for attempt (Kids conspire to POISON TEACHER and make plan. About to put it in drink but didn’t. Sub step. Attempt 2nd murder)

Question 12

Felony Murder Merger

Answer 12

Rose - Lesser felony offense merged w FMR

Question 13

Felony Murder underlying felony requirement

Answer 13

Stewart - Underlying felony must be INHERENTLY DANGEROUS (Crack binge. Child neglect cause death)

Question 14

Felony Murder Approaches

Answer 14

Death must be in furtherance of felony.

Agency - Unrelated 3rd party causes death of accomplice other accomplice not responsible. SOPHOPHONE (Cop kills accomplice.)

Proximate cause - Don’t have to commit act. Liable if death was foreseeable proximate cons / cause.
HERNANDEZ- (Cop killed a random trying to get D for resisting. FMR. Foreseeable cons.)

Question 15

Spontaneous impulsive murders not Premeditated Murder

Answer 15

GUTHRIE - 1st Murder <—PREMEDITATION = time + consideration. (Stabbed immediately after being teased. Spontaneous. Not premeditated murder)

WALKER - Prior Calculation and design Agg Murder (Spontaneous Bar fight. Pulled out gun killed knowingly. Not agg murder)

Question 16

Intoxication in Reckless killing. Depraved heart murder mental state

Answer 16

Brown - Intoxication can negate mental culpability req for DHM. (Drunk at party. Shot victim)

Question 17

Implied Malice Murder (Reckless killing)

Answer 17

Knoller - IMPLIED MALICE for 2nd Murder requires act w mental RECKLESSNESS aka Conscious disregard for human life (Dangerous dogs kill after warnings)

Question 18

Depraved Heart Murder (Reckless killing)

Answer 18

Snyder - Utter disregard or indifference to substantial risk of death (Mom Suffocated kid constantly so she could be messed up and receive disability $$. Refused to help revive kid. Died.)

Question 19

Involuntary Manslaughter (Regular + Misdemeanor)

Answer 19

Kolzow - RECKLESS DISREGARD RISK of death (Left Baby in hot car on purpose n forgot)

Olsen - AWARENESS OF RISK (Looked both ways. Didn’t see anything. Killed driver. No manslaughter bs not aware of risk.)

Biechele - Underlying misdemeanor proximate cause of death = Invol manslaughter (Fireworks killed crowd at concert. Involuntary manslaughter)

Question 20

Swerving 2 avoid accident results in death. (Negligent homicide or no?)

Answer 20

Traughber - SWERVE TO AVOID ACCIDENT NOT ORDINARY NEGLIGENCE. ITS REASONABLE. (Drunk swerve to avoid accident. Kills driver.)

Question 21

NEGLIGENT HOMICIDE (GROSS NEGLIGENCE REQ)

Answer 21

SMALL - GROSS NEGLIGENCE AND ACTS IN DEVIATION FROM STANDARD OF CARE IS NEGLIGENT HOMICIDE (Mom left kids unsupervised. They died. Gross deviation of standard of care. Negligent homicide.)

Question 22

RAPE IS GENRAL INTENT CRIME (Cases)

Answer 22

Jones - Verbal resistance expresses lack of consent and counts as resistance.

RUSK - FEAR W/o RESISTANCE NOT RAPE
Rape conviction Requires overcoming resistance w force or threat. (Took away keys. Asked to go to room. Gave head cuz she was scared. No evidence of resistance) NO rape.

Lopez - Mistake of consent NOT a rape defense (Thought she consented)

Newton - Intoxication not rape defense

Boro- Rape by fraud or ruse is not Rape unless there is statute.

Question 23

Battery

Answer 23

Peck - (Spit on officer as disrespect. Agg Battery)

Question 24

Assault

Answer 24

Birthmark - Assault based on REASONABLE PERCEPTION (Was talking violently about someone else not victims but they reasonably were scared. Assault.)

Question 25

Kidnapping

Answer 25

Goolsby - Kidnapping considers 1. Asportation through Movements Duration 2. If during separate crime 3. Movement apart of separate offense 4. Movement was dangerous outside of separate offense
(1st crime Moved a few steps to rape. Not kidnapping. 2nd dragged to bedroom b4 rape. Proper Asportation. Kidnapping.)

Question 26

Larceny

Answer 26

Carswell - Even brief control of property is Asportation req for Larceny. Removal ✅ (Removed AC and moved it 6 inches. Larceny)

Question 27

Extortion

Answer 27

Villalobos - Threat of testifying for taking property is extortion.

Question 28

Attempted Murder. CANT ATTEMPT RECKLESS KILLINGS.

Answer 28

Gentry Rule - Cannot attempt reckless crime. No specific intent in reckless crime. (Recklessly spilled gas on gf. Went in kitchen and lit on fire. No attempted murder)

Question 29

BUT FOR ACTUAL CAUSATION (Manslaughter,

Answer 29

Oxendine - Hit after hit ACCELERATION
Contribution to death w/o ACCELERATION of death is not but for causation. (GF hit baby w fatal blow. D hit baby after. Baby died in time he would have after GF blow. D not cause for manslaughter.)

Jennings- Concurrent causes SUBSTANTIAL FACTOR IN CAUSE still liable.

Question 30

MISTAKE OF FACT can negate INTENT

Answer 30

Navarro - GEN V SPEC APPROACH Charged w Larceny taking lumber sincerely thought (HONESTLY BELIEVED was his. REASONABLE MISTAKE negates GENERAL INTENT crimE / HONEST BELIEF MISTAKE negates SPECIFIC INTENT regardless of reasonability

SEXTON [MODERN APPROACH!!!] - MISTAKE NEGATES ELEMENT OF CRIME (Thought gun wasn’t loaded. Killed victim. Charged Reckless Manslaughter. Reversed bc he didn’t understand risk as he believed it was not loaded)

Question 31

Mistake of law

Answer 31

Weiss - Mistaken Belief out of GOOD FAITH one’s actions are following the LAW can negate intent. (Kidnapping bc he thought officer allowed this)

MARRERO - CANNOT USE MISUNDERSTANDING OF A STATUTE AS DEFENSE (Confused peace officer w police officer in who could have guns)

Question 32

VOLUNTARY MANSLAUGHTER

Answer 32

CASTANGA - Homies jumped killed opp in heat of passion = Manslaughter

WHITE - REASONABLY UNDER INFLUENCE OF EXTREME EMOTIONAL DISTRESS can negate murder to Vol manslaughter (Run over husband who cheated months after in hearing w car. Extreme Emotional distress. Not Murder but Manslaughter.)

Question 33

Strict Liability offenses (No Mens Rea)

Answer 33

STAPLES V US - ABSENT CLEAR STATEMENT OF NO MENS REA REQ FEDERAL FELONY STATUTES SHOULD NOT BE INTERPRETED TO ELIMINATE MENTAL ELEMENT