Crim Law Distinctions

Question 1

CL vs. MI

Conspiracy

Answer 1

• *CL Elements:**
  1. Agreement between 2+ people to commit a crime (unilateral-modern / bilateral)
  2. SI to agree
  3. SI to commit crime
  4. Overt act
• *MI Distinctions:**
• Need 2 gulty minds
• No overt act, so no withdrawal defense; however, can be defense to other offenses in furtherance of conspiracy
• No Wahrton Rule

Question 2

CL v. MI

Self-Defense Using Deadly Force

Answer 2

• *MBE**:
  1. ∆ without fault
  2. Reasonable belief ∆ is in danger of death/SBH by unlawful force
  3. Force reasonably necessary to stop the attach
  4. If escape is available, no need to do that instead of retaliate, unless ∆ was initial aggressor
• *Michigan**:
• No duty to retreat, as long as 1. ∆ has right to be there or 2. is in own home
• Reasonable belief of death, SBH, penetrative rape
• Not in commission of crime

Question 3

CL v. MI

Use of Force to Catch Fleeing Felon

Answer 3

Police officer:

1. Non-deadly force: 1) reasonably believes force necessary to arrest
2. Deadly force:

• MBE: 1) fleeing felon 2) reasonably believes threatens death/SBH
• MI distinction: need not be a felon OR actually threaten GBH

Private citizen:

1. Non-deadly force: 1) crime in fact committed 2) reasonable belief this person committed it
2. Deadly force:

• MBE: 1) fleeing felon 2) actually committed felony 3) reasonably believes suspect threatens death/GBH
• MI distinction: need not threaten GBH

Question 4

CL v. MI

Entrapment

Answer 4

MBE:
1. ∆ not criminally predisposed
2. criminal design originated w/ the gov
Michigan:
Must prevail under 1 of 2 tests, focus on conduct of gov rather than culpability of ∆
1. Government instigation: police conduct would induce otherwise law-abiding citizen to engage
2. Reprehensible conduct: police’s actions of the type that can’t be tolerated in civilized country

Question 5

CL v. MI

Battery

Answer 5

• *MBE**:
  1. Unlawful application of force
  2. Physical injury / offensive touching
  3. General intent

MI distinction:
Willful application of force, criminal negligence insufficient

Question 6

MI: Aggravated Assault

Answer 6

Many grades of aggravated assault, including felonious assault (assault w/ a dangerous weapon) and assault w/ intent to murder

Question 7

MI: Attempted Felonious Assault

Answer 7

1. Use of a deadly weapon
2. Intent to cause person to reasonably fear imminent battery
3. Overt act (would lead immediately to completion)

Question 8

MI Standard for Involuntary Manslaughter

Answer 8

Gross Negligence

Question 9

MI: 3 Involuntary Manslaughter Types

Answer 9

1. Gross negligence (reasonable person would’ve been aware)
2. Unlawful act with 1) intent to injure or 2) gross negligence
3. Killing resulting from omission when 1) duty to act 2) capacity/ability to act 3) willfully ignored duty to act and 4) caused death

Question 10

CL v. MI

Misdemeanor Manslaughter

Answer 10

CL: killing during comission of crime that is outside of FMR

MI: rejects misdemeanor manslaughter, but retains involuntary manslaughter if unlawful act is committed in grossly negligent manner or with intent to injure + PC of death

Question 11

CL v. MI

Kidnapping

Answer 11

• *CL**:
  1. False imprisonment
  2. That involves moving/secluding V
  3. General intent
• *MI**:
  1. Knowingly
  2. Confining/restricting someone
  3. Without consent or legal authority
  4. With intent to take outside of MI, hold for ransom, commit child abuse, etc.
  5. May be incidental to commission of another crime

Question 12

Larceny by Trick vs. False Pretenses

Answer 12

Both: obtaining ____ + to personal property + false statement made knowingly

LBT: obtaining CUSTODY

FP: obtaining TITLE

–––––

MI: failure to disclose material fact is fraud when 1) ∆ knew of the fact, 2) ∆ knew V was unaware, 3) ∆ purposefully failed to disclose and 4) ∆ had intent to defraud

Question 13

MI: Retail Theft Offenses

Answer 13

Retail fraud:

Preempts larceny & false pretenses
Shoplifting, price tag switching, fraudulently returning goods for refunds or credit
Value of >$1000 is felony, less is misdemeanor

Circumvention of theft detection devices:

Misdemeanor is (i) building/seling removal tools (ii) w/ intent to be used for shoplifting
Felony is (i) activating or removing electronic device from merchandise (ii) with intent to commit or attempt to commit larceny

Question 14

CL v. MI

Arson

Answer 14

• *CL**:
  1. Malice (intent to burn or reckless disregard of whether it burns)
  2. Burning
  3. Dwelling
  4. Of another
• *MI**:
  1. Willful or malicious
  2. Burning, destroying, damaging
  3. With fire or explosives
  4. Real property or personal property worth >$1000
  5. Of ∆ or another person