crimes against home

Question 1

burglary

Answer 1

is the breaking and entering of the dwelling of another at night with intent to commit a felony or larceny once inside\

Question 2

burglary modern and common difference

Answer 2

• Breaking
Common law requires some force.
Modern majority has relaxed this requirement to include slight enlargement of an opening.

Question 3

Arson

Answer 3

is the malicious burning of a dwelling of another.
o Malice is established by intent or extreme recklessness.
o Requires proof that some portion of the structure was damaged as the result of burning

Question 4

Solicitation

Answer 4

is trying to get someone else to commit your crime – the key is the communication.

Question 5

Attempt

Answer 5

is “almost” committing a crime – the key is evidence that the defendant crossed the line from preparation to perpetration.

Question 6

Conspiracy

Answer 6

is planning to commit a crime with someone else – the key is evidence that the defendant crossed the line from thinking about the crime to collective preparation to commit the crime.

Question 7

defenses to attempt

Answer 7

abandoment- a voluntary complete abandonment is a defense

was not a defense at common law once attempt complete

Question 8

legal impossibility

Answer 8

if the attempt is not towards an actual crime

Question 9

factually impossible

Answer 9

not a defense for attempt

Question 10

merger and attempt

Answer 10

when you complete the crime attempt merges

Question 11

pinkerton doctrine

Answer 11

Each co-conspirator is liable for the crimes of all other co-conspirators where the crimes were both a foreseeable outgrowth of the conspiracy AND committed in furtherance of a conspiratorial goal.

Question 12

• “Chain” relationship

Answer 12

Where several crimes are committed under one large scheme in which each member explicitly or implicitly knows of the other parties’ participation and a community of interest exists, one single conspiracy results and all “links in the chain” are responsible for the crimes of each other.

Question 13

• “Wheel and spoke” relationship

Answer 13

Where one common member enters into agreements to commit a series of crimes with others, multiple conspiracies exist and the tip of each “spoke” is connected to a common “wheel,” but not to other “spokes.”

Question 14

unilateral conspiracy - MPC

Answer 14

permits conviction of a single party when the other conspirator feigned agreement or is acquitted

Question 15

• Wharton Rule

Answer 15

• If the target offense requires two or more people as a necessary element they cannot be convicted of a conspiracy to commit the crime. But, if the agreement involves an additional person not essential to the definition of the crime, the “third-party exception” allows for all parties to be convicted of conspiracy.
unilateral conspiracy

Question 16

o Withdrawal (Common law and MPC):

Answer 16

Complete and voluntary withdrawal severs liability for future crimes, but is no defense to the conspiracy itself. Requires notice to all conspirators.

Question 17

o Renunciation (MPC only):

Answer 17

Withdrawal and an affirmative act to thwart the conspiracy can eliminate responsibility for the conspiracy itself.

Question 18

accomplice

Answer 18

o They do some act (or omission w/duty to act) that facilitates the principal’s commission of the crime (or attempt), including encouragement with the purpose of bringing about the commission of the crime.

Question 19

accomplice mpc minority

Answer 19

Accomplice responsibility may be established when a provider of goods or services has knowledge that he is assisting in the commission of a crime and benefits (seller knows buyer will commit arson and sells him an explosive device).

Question 20

scope of accomplice

Answer 20

Accomplices are responsible for crimes that are purposefully facilitated and all others that are reasonably foreseeable outgrowths of the primary crime. This is an objective test. It is no defense that the accomplice did not expect the crimes to happen.

Question 21

accomplice defenses common law

Answer 21

An accomplice can withdraw by giving the principal perpetrator timely notice of withdrawal and nullifying the effect of their prior facilitation.

Question 22

accomplice defenses mpc

Answer 22

To remove accomplice responsibility, the accomplice must either:
 Render any prior assistance to the perpetrator completely ineffective,
 Provide the police w/timely warning of the plan, or
 Make a proper effort to prevent the perpetrator from committing the original crime

Question 23

o Principal in the first degree:

Answer 23

The trigger puller – the perpetrator who performs the act with the requisite mental state.

Question 24

o Principal in the second degree

Answer 24

One who aids or abets and is present at the scene (getaway driver).

Question 25

o Accessory before the fact:

Answer 25

One who aids or abets but is NOT present at the scene.

Question 26

o Accessory after the fact

Answer 26

one who aids or abets the principal after the commission of the crime.
 Requires proof:
• of a completed felony;
• that the accessory knew of the commission of the felony; and
• that the accessory personally gave aid to the felon to hinder their apprehension, conviction, or punishment.

Question 27

all modern Jurisdictions accomplice liability

Answer 27

one who meets the requirements to be a common law accessory after the fact is charged with a distinct crime, such as hindering apprehension or obstruction of justice, not with the crimes committed by the principal.

Question 28

when can be guilty of attempt, actual crime, and conspiracry

Answer 28

attempt and actual crime will not merge when the co-conspirator did not actually follow through the crime. The Pinkerton doctrine leads to guilt of crime. (2) the attempt by taking actions for the crime and (3) conspiracy.

Question 29

robbery must result in

Answer 29

force or fear; if the victim is not afraid or force is not used, robbery did not occur

Question 30

getting your own property back that was either stolen or you loaned out

Answer 30

you do not have the proper intent for burglary, larceny, etc.