Crim Law Flashcards
Is the underlying felony in felony murder a lesser included offense of felony murdeR?
Not necessarily. Therefore D may be convicted of both felony murder and underlying felony
Merger doctrine
A person who solicits another to commit a crime can’t be convicted of both soliciation AND the completed crime.
A person who completes crime after attempting it can’t be convicted of both attempt and completed crime (BUT conspiracy doesn’t merge w completed offese - so can be convicted of robbery and conspiracy to commit robbery)
The Fl legilsature expressly stated intent to separately punish each cirminal offense commited in course of criminal transaction EXCEPT for:
(1) offenses that require identical elements of proof
(2) offenses that are degrees of the same offense as provided by the statute AND
(3) offenses that are lesser offenses, the statutory elements of which are subsumed by the greater offense
D generally has no legal duty to act, unless
Statute (req to file tax return)
Contract (lifeguard/nurse)
Relationship
Assume duty of care
Peril created by D
What are the specific intent crimes?
Students can always fake a laugh even for ridiculous bar facts
Soliciation
Conspiracy
Attempt
Firsst degree murder
assault
Larceny
Embezzlement
False pretenses
Robbery
Burglary
Forgery
Define purposesly, knowingly ,recklessly, negligently
Purposely: conscious objective to cause certain result
Knowingly: awareness that conduct is of particular nature or that certain circumstances exist
Recklessly: consciously disregard a substantial and unjustifiable risk that constitutes a gross deviation from the standard of care
Negligent: fail to be aware of substantail and unjustifiable risk where failure is substantial deviation from standard of care
Accomplice
(1) One who aids, advises or encourages principal
(2) with intent to assist principal and intend that crime be committed.
Liable for the crime itself and all other FORESEEABLE crimes
Does FL distinguish between principal and accessory before the fact?
No - all such parties to crime can be found guilty of principal offense
What is accessory after the fact?
A person who
(1) receives ,reliefs, comforts or assists another
(2) knowing the other has committed a feloy
(3) in order to help the felon escape arrest, trial or conviction
In FL who is exempt from liabiliy as an accessory after the fact
(1) close relatives ONLY IF
(2) not a capital, life, 1st or 2nd deg felony
(so 3rd deg felony & misd)
How can you withdrawal as an accomplice?
(1) must occur before crime becomes unstoppable
(2) must repudiate the encouragement or neutralize assistance
(3) notifying police or taking action to stop crime is sufficient
(3) mere withdrawl w/o any add’l action not sufficient
Solicitation
Solicitation consists of
(1) asking, inciting, counseling, advising, urging, or commanding another
(2) to commit a crime,
(3) with the intent that the person solicited
commit the crime. It is not necessary that the person solicited agree to commit the crime.
Is withdrawal a defense from soliciation in florida?
No.
However, Florida provides a defense to the charge of criminal solicitation if the accused, after having solicited another person to commit an offense, persuades the other person not to commit the
offense or otherwise prevents its commission. The circumstances must manifest a COMPLETE AND VOLUNTARY renunciation of criminal purpose by the accused.
Conspiracy
(1) an agreement between two or more persons;
(2) an intent to enter into the agreement; and
(3) an intent by at least 2 ppl to achieve the objective of the agreement.
(4) in FL NO OVERT ACT REQUIRED
Modern trend for agreement requirement in conspiracy crimes
Most states require only one guilty mind (traditional approach required 2 guilty minds)
Does the acquittal of alleged co-conspirators preclude prosecution of remaining D for conspiracy?
No
Defense to conspiracy
If D persuades all co-conspirators not to commit the target offense or otherwise prevents its commission.
Must be a COMPLETE AND VOLUNTARY renunciation of criminal purpose.
Does conspiracy merge with the underlying crime?
No - D may be convicted of both conspiracy and the underlying crime
Attempt
(1) an overt in furtherance of crime
(2) act done w inttent to commit a crime
(3) which falls short of completing the crime
What is an overt act for purposes of an attempt charge?
An act beyond mere preparation. A substantial step in course of conduct planned to culminate in the commission of hte crim.e
Is abandonment a defense to attempt?
Yes - must manifest a complete and voluntary renunciation of criminal purpose
FL Felony murder
(1) unlawful killing of another
(2) during perpetration or attempted perpetration of violent crime (sex bat, arson, burglary, kidanping)
A killing during a violent felony that is enumerated in the felony murder statute is..
a first degree murder
A killing during a non-enumerated felony is…
third degree murder.
