Criminal Law Essay Specific

Question 1

Define force

Answer 1

Force is nothing more than the exertion of strength and physical power.

Using force to free oneself from another’s grasp constitutes “force” under MI statute.

Question 2

Define aiding and abetting

Answer 2

to assist the perpetrator of a crime.

Question 3

3 qualities of an aider and abettor

Answer 3

1. present at the crime scene
2. by word or deed gives active encouragement to the perpetrator of the crime, or
3. by his conduct makes clear that he is ready to assist the perpetrator if such assistance is needed.

Question 4

The standard for establishing felony-firearm under an aiding and abetting theory

Answer 4

whether the defendant’s words or deeds procured, counseled, aided or abetted another to carry or have in his possession a firearm during the commission or attempted commission of a felony-firearm offense.

Question 5

Do you have to retreat before using deadly or non-deadly force if you have a legal right to be where you are?

Answer 5

No.

In a self defense action : An individual is not required to retreat before using deadly or nondeadly force, anywhere he or she has the legal right to be.

Question 6

Who has the burden of disproving self-defense once evidence has been introduced?

Answer 6

Once evidence of self-defense is introduced, the prosecutor bears the burden of disproving it beyond a reasonable doubt

Question 7

When a defendant uses deadly force, the test for determining whether he acted in lawful self-defense has three parts:

Answer 7

(1) defendant honestly and reasonably believed that he was in danger,
(2) the danger which he feared was serious bodily harm or death, and
(3) the action taken by the defendant appeared at the time to be immediately necessary, i.e., defendant is only entitled to use the amount of force necessary to defend himself.