Criminal Law Flashcards

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1
Q

What the Michigan test for felony murder?

A

(1) ∆ commits one of 14 felonies enumerated by statute.
(2) ∆ committed the felony with malice. Malice is defined as the (i) intent to kill, (ii) intent do do great bodily harm, or (iii) INTENTIONAL CREATION OF A HIGH RISK of death or great bodily harm.

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2
Q

What are the requisite felonies for felony murder in Michigan?

A

There are 14 felonies.

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  • Kidnapping
  • CSC (1/2/3)
  • Larceny
  • Vulnerable adult abuse (1/2)
  • Child Abuse (1)
  • Home Invasion (1/2)
  • Torture
  • Arson
  • Substance offenses, limited to major controlled
  • Robbery
  • Aggravated stalking
  • Car jacking
  • Extortion (i.e., blackmail)
  • Breaking and entering a dwelling
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3
Q

In Michigan, can a co-felon be found guilty of felony murder on a theory of vicarious liability?

A
  • Majority follows: proximate cause theory that if one co-felon is the proximate cause of the victim’s death, all other co-felons will be guilty of felony murder, even if the killing is committed by a third party.
  • Minority follows: agency theory that felony murder only applies if the killing is committed by a co-felon.
  • Michigan requires: Only must show each party had requisite malice.
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4
Q

In Michigan, what is requisite mental state for battery?

A

Willfulness. / MBE: general intent.

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5
Q

In Michigan, what is the definition of kidnapping?

A

∆ knowingly and w/o consent confined or restricts the movement of a victim w/the intent to:

(1) collect ransom,
(2) use the victim as a hostage,
(3) commit CSC against that victim,
(4) take victim out of Michigan,
(5) hold victim in invol. servitude

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6
Q

In Michigan, what is a “dangerous weapon?”

A

(1) a dangerous weapon like a loaded gun or knife
(2) object not ordinarily considered a dangerous weapon, but used as such
(3) object that reasonably appeared to be a dangerous weapon (e.g., toy gun or a finger menacingly positioned in ∆’s pocket as a gun)

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7
Q

What is armed robbery?

A

Larceny + 2 + “dangerous weapon”

Trespassory taking and carrying away the personal property of another from the person or the person’s person with force or threat of immediate force with a dangerous weapon.

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8
Q

In Michigan, for general and specific intent crimes, does an accomplice need to intent to aid the principal commit the crime?

A

No. Merely that they acted w/knowledge of the principal’s intent.

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9
Q

In Michigan, for negligence and gross negligence crimes, does an accomplice need to act with intent or knowledge?

A

No. Merely that they perform acts that aid in the creation of a situation under which it is a reasonably foreseeable that harm will occur.

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10
Q

How does Michigan construe conspiracy?

A

No overt act is required.

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11
Q

How does Michigan construe attempt?

A

Defined: an overt act beyond mere preparation toward the commission of a crime w/specific intent to commit the underlying crime.

Overt act = some direct movement towards the commission of the crime that would lead immediately to its completion

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12
Q

How can one mitigate their criminal liability for solicitation and attempt?

A

Michigan:
Renunciation = ∆ to solicitation
Abandonment = ∆ to attempt

Must be complete and voluntary (i.e., can’t be motivated by fear of detection or unexpected difficulty in succeeding)

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13
Q

What is Michigan’s test for insanity.

A

Michigan has adopted the MPC Version.
∆ must prove by a preponderance of the evidence that ∆ lacked the substantial capacity to either (1) appreciate the criminality of his conduct or (2) conform his conduct to the requirements of the law.

Other versions in other states include:
M’Naghten Test–

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