Criminal

Question 1

Duress (Criminal)

Answer 1

Defense where D argues they had to commit a crime because they or a third party were under an imminent threat that threatened serious bodily harm or death.
Note: threat must be imminent bodily harm

Question 2

Withdrawal from Conspiracy

Answer 2

CL: co-conspirator cannot withdraw from a conspiracy because the conspiracy occurs when the agreement is made. However, could withdraw from the conspiracy after the agreement is made so as to not be held responsible for future crimes
Withdrawal must be done before overt act and co- conspirator either (1) makes express decleration of intent to withdraw or (2) informs the PO
MPC allows withdrawal after overt act

Question 3

Accomlice Liability

Answer 3

Attaches when accomplice aids a principal in performing a crime with the specific intent that the crime be performed.
(Note: CL, accomplice needs to only aid intentionally and knowingly.)

An accomplice will also be liable for all the substantive crimes that the principal has done.

Question 4

Robbery

Answer 4

Larceny + threat and intimidation

Question 5

Larceny

Answer 5

The trespassory taking and moving of another person’s property without consent and intent to deprive them of their property

Question 6

Withdrawal as Accomplice

Answer 6

CL: does not allow any withdrawal when a person had already aided and abetted a principal.
Modern: allows withdrawal and therefore relief from liability only when (1) accomplice clearly states intent to withdraw and (2) attempts to thwart principal

Question 7

How to Determine if Police lineup violates the defendant’s rights under 5A and 14A

Answer 7

2 step analysis
(1) was lineup impermissibly suggestive.
(2) even if the lineup was impermissibly suggestive, is identification still reliable.

Question 8

Impermissibly Suggestive

Answer 8

form or substance of lineup unduly biases person making identification

Question 9

Attempt

Answer 9

(1) specific intent for cime
(2) overt act
Merges with greater crime if completed

Question 10

Kidnapping

Answer 10

(1) confinement or restraint
(2) to a bounded area
(3) and victim was either moved or concealed

Question 11

Overt Act (Attempt Definition)

Answer 11

CL: had to be “dangerously close” to committing the actual crime.
Modern: require a “substantial step” in furtherance of the actual crime, which is more than more than mere preparation, which is what is needed to prove the overt act in a conspiracy.

Question 12

Accomplice Liability

Answer 12

aid, abet, or counsel the crime w/ the intent to encourage the crime.

Mere presence is not enough

Liability – the crime itself and all other foreseeable crimes.

Question 13

Solicitation

Answer 13

Asking someone to commit a crime w/ the intent that the person solicited commit the crime.

Merges w/ other crime.

Question 14

Conspiract

Answer 14

(1) agreement btwn 2 or more people,
(2) intent to agree, and
(3) intent to achieve the unlawful purpose or objective of the agmt.
(4) Maj Rule: there must be an overt act