FL Crim Law

Question 1

When can one be criminally liable for failure to act?

Answer 1

When a legal duty is imposed (family, statute, started to help)

Question 2

When is an accomplice liable for the acts of the principal?

Answer 2

Prior - specifically intends to help; current - constructively or actually present

Question 3

What mental state required for attempt?

Answer 3

Strict liability, regardless of crime attempted

Question 4

Knowingly =

Answer 4

practically certain D’s actions will result in consequence

Question 5

Robbery =

Answer 5

Larceny from a person by force or intimidation

Question 6

Larceny =

Answer 6

trespassory taking and carrying away of the personal property of another with the intent to steal

Question 7

Burglary =

Answer 7

the breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein

Question 8

Dealing in stolen property =

Answer 8

?

Question 9

False pretenses =

Answer 9

?

Question 10

Larceny by trick =

Answer 10

?

Question 11

When is deadly force justified?

Answer 11

Deadly force is justified in self-defense where the defendant reasonably believes danger of death or serious bodily harm is immediate.

Question 12

Involuntary manslaughter =

Answer 12

unintentional homocide committed with criminal negligence or during the commission of a misdemeanor malum per se

Question 13

General Intent Defenses

Answer 13

Voluntary Intoxication and Unreasonable mistake are not defenses

Question 14

What is murder?

Answer 14

Murder is the unlawful killing of a human being with malice aforethought

Malice aforethought exists if D has any of the following states of mind : (1) intent to kill, (2) intent to inflict great bodily injury, (3) awareness of unjustifiable high risk to human life, and (4) intent to commit felony murder (BARRK).

Note: murder on MBE if not specified is 2nd degree murder