Criminal Law Flashcards
Carjacking - Tested Feb 2021
Specific intent crime
- D used force ( any amount) or threatened the use of force or violence, assaulted or put another person in fear AND
- D did so while in the course of committing a larceny of a motor vehicle
- the victim was the: operator/passenger/person in lawful possession/person attempting to recover possession of the motor vehicle
“in the course of” includes acts that occur in an attempt to commit larceny
A ‘larceny’ is the taking and movement of someone else’s motor vehicle with the intent to take it away from that person permanently
“intent to …permanently” satisfied if D took action inconsistent with P’s right of possession by taking it and driving it away.
Unarmed Robbery & Armed Robbery *** July 2020, Feb 2017
Specific Intent crimes
A person who in the course of committing a larceny of money/ property that may be subject to larceny uses force or violence against any person who is present, or who assaults or puts the person in fear and is unarmed.
““in the course of committing a larceny” includes attempted larceny ( NOTHING IS ACTUALLY TAKEN), or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the property.”
{Keeping a ring as collateral satisfies the definition of “permanently deprive.”}
Armed robbery if while committing robbery D possessed:
1) a weapon designed to be dangerous and capable of causing death or serious injury
2) possessed any object capable of causing death or serious injury and the defendant used it as a weapon
3) possessed any other object used or fashioned in a manner to lead other person to believe it was a weapon
4) represented orally or otherwise that he was in possession of a weapon
- no requirement that the perpetrator actually had a
gun or other dangerous weapon
1st degree murder** (July 2016)
First degree murder is causing the death of another human being with malice aforethought. It is a specific intent crime. Malice aforethought is satisfied if there is premeditation and deliberation. The intentional use of a deadly weapon creates an inference of an intent to kill.
Felony Murder
Any killing that occurs during the commission of a felony, an attempt to commit a felony or a flight from a felony. Felony murder always requires proof of malice.
Under Michigan law, arson and larceny are felonies for purposes of felony murder.
Aiding and Abetting
- Crime was committed
- D performed acts or gave encouragement that assisted the commission of the crime AND
- D intended the commission of the crime or had knowledge that principal intended its commission at the time he gave aid or encouragement
Conspiracy* (July 2019, July 2017, July 2014)
An agreement (express or implied) by 2 or more people to commit a crime + the specific intent to enter into the agreement and accomplish its objectives.
There must be two guilty minds. Conspiracy is completed on proof of an agreement to commit an illegal act.
D is liable for conspiracy to commit the crime and all other crimes committed by his co-conspirators so long as the crimes were foreseeable and in furtherance of the conspiracy.
Self Defense **
Statutory Self defense
Michigan’s stand your ground law states that an individual, who is not in the commission of committing a crime nor has committed a crime, may use deadly force anywhere they have a legal right to be with no duty to retreat if they reasonably and honestly believe that deadly force is necessary to prevent imminent death, or great bodily harm.
Rebuttable presumption in Michigan that an individual who uses deadly force has an honest and reasonable belief that death or great bodily harm is imminent if the person against whom deadly force is used, is in the process of breaking and entering a dwelling or committing a home invasion and is in the dwelling when the force is used
Prosecutor bears burden of disproving it beyond a reasonable doubt
Common law
deadly force only permitted when a person reasonably believes it is necessary to do so to prevent from death or imminent great bodily harm. Self-defense is generally not allowed if the Defendant is the initial aggressor unless the Defendant was the initial aggressor and then the individual used deadly force against him or when the Defendant withdrew from the initial aggression and he made it clear to the other party of his intention to withdraw.
First Degree Home invasion ( Feb 2016, Feb 2014)
entering a dwelling without permission or breaking & entering with the intent to commit a felony, assault, or larceny (at any time D entered, was present in or leaving a dwelling), while armed with a dangerous weapon, or while another person is lawfully present.
A dwelling includes an appurtenant structure attached to that structure/shelter (ie. attached garage)
If it isn’t a dwelling, person has committed “ breaking and entering”
Fleeing and Eluding Police*
D was directed to stop by a police officer acting in accordance w/ his duty & D willfully refused to obey the order by trying to flee or avoid being caught
Felon in possession + carrying a concealed weapon + Felony Firearm ( USUALLY TESTED TOGETHER)
Felon in possession:
- statute disqualifies felons from possessing a firearm until the felon has completed all conditions of parole and has waited a specified period of time
Felony Firearm:
one carries or has a firearm in one’s possession while one commits or attempts to commit a felony
Carrying a concealed weapon:
prohibits D from carrying a firearm that is concealed on or about his person, or in D’s vehicle
Legal Impossibility
- crime that D attempts to commit is actually not illegal
NOT A DEFENSE TO ATTEMPT IN MICHIGAN
Felonious Assault/ Assault with a dangerous Weapon*
- D either attempted to commit a battery on someone, or did an act that would cause a reasonable person to fear or apprehend a battery,
- D intended to injure the person or to make the person reasonably fear an immediate battery
- D had the ability to commit a battery, appeared to have the ability or thought he had the ability AND
- D committed the assault w/ a dangerous weapon ( any object used in a way that is likely to cause serious physical injury)
Possession with intent to deliver less than 50g of cocaine
- D actually or constructively possessed a controlled substance ( dominion or the right to control the drug coupled with the knowledge of its presence or character)
- D knew she possessed a controlled substance
- D intended to deliver it to someone else AND
- the weight of the substance was less than 50 grams
- Possession may be established by direct or circumstantial evidence
- “intent to deliver” can be inferred from the quantity of drug, individual bags, sales by a live in boyfriend, ledger etc.
- If it isn’t a controlled substance D might be guilty of “possession w/ intent to deliver an imitation controlled substance”
Accessory after the fact - July 2012
- knowingly assists a person who has committed a felony
- with knowledge that the felony has been committed and
- with intent to help the principal avoid arrest, trial, or conviction.
Manslaughter* (july 2013, feb 2011)
Voluntary manslaughter is an intentional killing of another without malice aforethought in a heat of passion due to adequate provocation. The mens rea required for voluntary manslaughter is the same as second degree murder. For provocation, the test is whether an ordinary or reasonable person of fair average disposition would have been provoked under the circumstances and lose control of reason. Insulting words alone, or an assault and battery, are ordinarily insufficient provocation.
Involuntary Manslaughter
involuntary manslaughter is an unintentional killing of another without malice aforethought due to gross negligence, or during the commission of a felony or misdemeanor that does not qualify as felony murder with intent to injure, or in a grossly negligent manner or 3) negligent omission to perform a legal duty.
