Criminal Law MCQ Rules 1 Flashcards
Who is an accomplice?
An accomplice is a person who aids or abets a principal prior to or during the commission of the offense with the purpose of promoting or facilitating the commission of the offense
For what is an accomplice liable to the same extent as the principal?
An accomplice is liable for (1) the crime for which he/she provided encouragement or assistance and (2) other crimes committed by the principal that were a natural and probable consequence of the accomplice’s conduct.
Is consent a defense to murder?
NO. Consent is NEVER a defense to murder.
Define Robbery
Robbery is larceny (unlawful taking and carrying away of the victim’s property with the specific intent to permanently deprive) from the victim’s person or presence by force (battery) or intimidation (assault).
What is larceny by trick?
This is larceny accomplished by fraud or deceit if the person obtained mere possession of the property and converted it by so seriously interfering with the victim’s property that the victim is deprived of its use or possession.
When is a person who finds lost or misplaced property guilty of larceny?
A person who finds lost or misplaced property is guilty of larceny if, at the time of the finding, the person (1) knows or believes he/she can locate the owner and (2) takes and carries away the property with the intent to permanently deprive the owner of the property
Define conspiracy
Conspiracy is (1) an agreement between two or more persons to accomplish an unlawful purpose (2) with the specific intent to accomplish that purpose.
What is the Common law approach to Conspiracy?
Common law conspiracy requires proof of at least two guilty minds, so a defendant cannot be convicted of conspiracy if the other alleged conspirator(s) feigned agreement.
What is the agency theory of felony murder?
Under the agency theory of felony murder (majority rule), a defendant is responsible for deaths proximately caused by him/herself or cofelons during the commission or attempted commission of an inherently dangerous felony—but not for deaths caused by others.
What is the majority view of accomplice liability?
Under the modern majority view, an accomplice may be convicted of a crime even if the principal is not tried, is not convicted, has received immunity from prosecution, or is acquitted.
What is the theory of accomplice liability?
A person who did not commit the unlawful killing may still be convicted of murder under the theory of accomplice liability if the person aided or abetted the principal prior to or during the commission of the murder. That is because an accomplice is responsible for the crime to the same extent as the principal.
What level of aid triggers accomplice liability?
Accomplice liability is imposed when a person provides even slight aid or encouragement to the principal with the specific intent that the encouraged crime be completed—even when that assistance is not ultimately necessary to complete the crime.
When is mistake of fact a valid defense?
Mistake of fact is a defense to specific intent crimes when the defendant’s honest but mistaken belief negates the requisite intent—even when that mistake is unreasonable.
What is kidnapping?
Kidnapping is (1) the intentional and unlawful confinement of another (2) against that person’s will (3) coupled with moving or hiding the person. For a kidnapping to occur incident to the commission of another offense, the movement of the victim must be more than is necessary to complete the other offense.
When does discovery of adultery constitute adequate provocation under voluntary manslaughter?
Discovery of adultery by a SPOUSE usually constitutes adequate provocation to reduce a murder to voluntary manslaughter. This does not apply if the couple is not married.
