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.
First degree murder
(1) perpetration of unlawful killing from premeditated design;
(2) killing by a person participating in perp of an enumerated felony
(3) distribution of controlled substances that prox causes death
Second degree murder
(1) unlawful killing when perpetrated by any act imminently dangerous to another and evincing a depraved mind w/o regard for human life although without premeditated design to kill OR
(2) a killing by a person other than accused or co-felon during perpetration of an enumerated felony
Third degree murder
when person commits an unlawful killing during the commission of a non-enumerated felony
Voluntary manslaughter
(1)unlawful killing of another
(2) by act, procurement, or culpable negligence
(3) without legal justification
Does FL distinguish btwn voluntary and involuntary mansalughter?
NO
Adequate provocation
(1) provocation that would arose sudden and intense passion in mind of ordinary person
(2) D was in fact provoked
(3) not sufficient time to cool off btwn provocation and killing
(4) D did not in fact cool off
Battery
(1) actual and intentional
(2) touching or striking another
(3) against the will of another OR
(4) intentionally causing bodily harm to another
Aggravated battery
(1) battery
(2) on victim who D knew or should’ve known was pregnant
(3) w deadly weapon
OR
(4) which assailiant intenitonally or knowingly cause great bodily harm, perm disability or perm disfigurement
Assault
(1)an intentionaly, unlawful threat
(2) by word or act
(3) to do violence to the person of another
(4) coupled with apparent ability to do so
(5) and some act which creates a well founded fear that violence is imminent
Aggravated assault
(1) assault
(2) with intent to commit felony OR
(3) with deadly weapon w/o intent to kill
False imprisonment
(1)Unlawful confinement of person
(2) w/o person’s valid consent
Kidnapping
(1) some movement of V
or
(2) concealment of v in secret place
Lewd and Lascivious Battery
(1) engaging in sexual activity
(2) with person 12 years of age or older but less than 16 years of age
Larceny
Taking
and Carrying Away
of Tangible personal prop
of another
by trespass
w intent to permanently deprive
Embezzlement
Fraudulent
conversion
of personal property
of another
by person in lawful possession of that property
False pretenses
obtaining title
to personal prop of another
by intentional false statement of past or existing fact
with intent to defraud the other
Robbery
Taking
of perosnal prop
form other’s person or presence
by force or threats of immediate death
w intent to perm deprive
Receipt of stolen prop
Receiving possession and control
of stolen personal prop
known to have been obtained unlawfully
by another perosn
w intent to permanetly deprive the owner
FL Theft statute
(1) knowingly obtains or uses
(2) prop of another
(3) w/ intent to temporarly or perm
(4) deprive the other of right to prop or benefit OR
(5) appropriate the prop to their own use or to use of any person not entitled
FL robbery
(1) entering a dwelling structure or conveyance
(2) w intent to commit an offense therein ( unless premises are open to public or D licensed to enter)
(3) or remains in dwelling or conveyance surreptitiously with intent to commit offense
(4) or after permission ha been withdrawn w/ intent to commit offense therein or
(5) to commit a forcible felony
FL Arson
(1) willfully, unlawfuly or while in commission of any fleony
(2) damages any structure by fire or explosives
*GENERAL INTENT CRIME IN FL
M’Naghten rule
(1) a disease of the mind
(2) caused a defect of reason
(3) such that the D lacked ability at time of actions to know wrongfulness of actions or understand nature and quality of their actions
