Criminal Law

Question 1

Murder

Answer 1

At common law, there are four types of murder.

Intent to Kill – Premeditated, specific intent to kill.

Intent to Inflict Serious Bodily Injury – Intent was only to injure, but the victim died.

Felony Murder – Death resulting from commission of dangerous felony while in course of committing the dangerous felony, somebody dies.
Dangerous felonies in Florida: Burglary, arson, rape, robbery, and kidnapping , drug trafficking, and aggravated child abuse.

Depraved Heart – Reckless disregard of human life. The defendant knew or should have known someone could die and you acted anyway. Strong likelihood someone would die.

Question 2

Manslaughter

Answer 2

Voluntary manslaughter is when there is adequate provocation and no time to cool off.
Involuntary manslaughter is when negligent conduct results in the death of the victim.

Question 3

Attempt

Answer 3

(1) specific intent to commit the crime and (2) substantial step/overt act toward completing the crime.

Attempt merges into the underlying crime if the underlying crime is committed.

Question 4

Conspiracy

Answer 4

(1) Two or more people agree to commit a crime (2) with the intent to commit the crime. Once the agreement is entered, the conspiracy is complete. There is no merger

Withdraw: The defendant can withdraw from a conspiracy upon a complete, voluntary renunciation of criminal purpose by the accused. The defendant must persuade the co-conspirators not to commit the crime or prevent the crime from happening.

Question 5

Solicitation

Answer 5

(1)Encouraging, motivating, enticing, or convincing someone to commit a crime (2) with the intent for them to do so. Once you solicit the other person, the crime of solicitation is complete.

Withdraw: The defendant can withdraw from a solicitation upon a complete, voluntary renunciation of criminal purpose by the accused. The defendant must persuade the co-conspirators not to commit the crime or prevent the crime from happening.

Question 6

Burglary

Answer 6

Common law: (1) Breaking, entering (2) dwelling of another (3) at night (4) with intent to commit a felony therein.
Florida: unlawful breaking or entering any structure or dwelling with the intent to commit an offense therein.

Question 7

Larceny

Answer 7

Trepassory taking the personal property of another with the intent to permanently deprive.

Question 8

Arson

Answer 8

Common law: malicious (reckless) burning of the dwelling of another.
Florida: General intent to burn any structure or vehicle by fire or explosives.

Burning or charring is sufficient, but smoking or scorching may not be.

Question 9

Defenses

Answer 9

Intoxication: defense to specific intent crimes
Self defense: Can use reasonable force to defend against a reasonable belief yourself or others are about to be injured. In Florida, there is no duty to retreat.
Deadly force: Deadly force is only permitted to defend against a reasonable belief of imminent death or great bodily harm.