FL Criminal law

Question 1

Can someone be charged as an accessory before the fact in Florida?

Answer 1

no there is no charge for accessory before the fact

A person who aids, abets, hires, counsels, or otherwise procures a criminal offense is charged as a principal

Question 2

Accessory After the Fact

Answer 2

someone who assists a principal with the intent that the offender avoid or escape detection, arrest, trial, or punishment

Family members
> CANT be charged for this if D principal i charged w third degree felony or less
> CAN be charged as associates after the fact for all other felonies

Question 3

Insanity

Answer 3

Only the M’Naghten test:
> bc of mental disease/defect, D didn’t know either (i) the nature and quality of the act or (ii) the wrongfulness of the act.

> affirmative defense that needs to be plead + proved by clear and convincing evidence

Question 4

Voluntary intoxication

Answer 4

In Florida, voluntary intoxication is not a defense to any crime

UNLESS: the administration of the intoxicant was pursuant to a prescription

Question 5

punishment length of felonies & misdemeanors

Answer 5

> Felony crimes:
punishable by death or more than 1 year in jail

> Misdemeanor crimes:
punishable by 1 year or less

Question 6

Penalty Enhancers

Answer 6

Crimes can be classified to the next higher level based on penalty enhancers

Question 7

homicide:
unborn children

Answer 7

If a person kills an “unborn child” by causing any injury to the mother, they as if they killed the mother

Question 8

Assisted Suicide

Answer 8

A person who deliberately assists another in the commission of self-murder is guilty of manslaughter

Question 9

does FL use the term “malice aforethought”

Answer 9

no; FL uses degrees of murder to distinguish the different mental states

Question 10

how many degrees of murder are there in FL?

Answer 10

3
first-degree, second-degree, and third-degree

Question 11

felony murder

Answer 11

3 types:
(1) first-degree
> D kills + engaged/attempted to engage in an enumerated felony

(2) second-degree
> someone, not D, killed another during commission of enumerated felony

(3) third-degree
> D killed during commission of non-enumerated felony

Question 12

Attempted Felony Murder

Answer 12

Florida has two degrees of attempted felony murder

Question 13

Attempted first degree felony murder

Answer 13

D committed/tried to commit any felony + commits/aids in a separate intentional act that could kill someone but didn’t

Question 14

Attempted second degree felony murder

Answer 14

someone who isn’t the D injures another during a non-enumerated felony

Question 15

first degree murder

Answer 15

(1) unlawful killing w premeditation

(2) First-degree felony murder, or

(3) Unlawful killing resulting from unlawful distribution of specified controlled substance

Question 22

In Florida, when may a defendant be found guilty of felony murder for the death of a co-felon?

Answer 22

when there is no break in the chain of events to have relieved D criminal responsibility for the death of his accomplice.

Question 23

In Florida, is voluntary intoxication a valid defense to a crime?

Answer 23

no

Question 24

What constitutes first degree murder in Florida?

Answer 24

An unlawful killing that
(i) is premeditated
(ii) is committed by a person engaged in or in the attempt to commit an enumerated felony (felony murder); or
(iii) results from the unlawful distribution of specified controlled substances, if the drug is proven to have caused or been a substantial factor in user’s death.

Question 25

Does Florida classify manslaughter as either voluntary or involuntary?

Answer 25

No; Florida divides manslaughter into aggravated manslaughter and manslaughter.

Question 26

When does a battery occur in Florida?

Answer 26

> when a person actually and intentionally touches or strikes another against their will
OR
when a person intentionally causes bodily harm to another.

Question 27

For a kidnapping to occur in Florida, the kidnapper must forcibly, secretly, or by threat confine, abduct, or imprison another against his will and have the intent to do what?

Answer 27

The intent to (i) hold the person for ransom, reward, shield, or hostage; (ii) commit or facilitate the commission of a felony; (iii) inflict bodily harm upon or terrorize the victim or another; or (iv) interfere with the performance of any governmental or political function.

Question 28

FL burglary

Answer 28

Entering the dwelling of another with the intent to commit ANY offense

> no breaking required
no felony required

Question 29

Fill in the blanks. Florida’s theft statute encompasses ____________, _____________, and ___________________.

(think theft rhymes w LEFt

Answer 29

Larceny; embezzlement; false pretenses

Question 30

In Florida, does a principal in the first degree need to be actually or constructively present at the commission of the offense?

Answer 30

No; This is why Florida does not distinguish between a principal and an accessory before the fact (both are treated as principals in the first degree).

Question 31

TRUE or FALSE: In Florida, the requirements for the defense of withdrawal are the same for both conspiracy and solicitation.

Answer 31

true

Question 32

What constitutes a dwelling for burglary in Florida?

Answer 32

> Any kind of building (either temporary/permanent, mobile/immobile)
designed to be occupied by people lodging there at night; roof required

Question 33

Florida law requires that the defendant prove insanity by ________ and _______________ evidence and follows the ____________ test.

Answer 33

Clear and convincing; M’Naghten

Question 34

Does Florida recognize the offense of attempted felony murder?

Answer 34

yes

Question 35

True or False:
Like the common law, burglary in Florida requires a breaking and the intent to commit a felony therein.

Answer 35

false; burglary in Florida does not require a breaking. A burglary may be committed at any time during the day or night, and there is no requirement of intent to commit a felony.

Question 36

What are the elements for arson in Florida?

Answer 36

A person willfully and unlawfully, or during the commission of a felony (not maliciously), burn a dwelling or structure where persons are normally present.

Question 37

In Florida, an assault is an intentional unlawful ­­_________ (words or actions) to commit __________ upon another, coupled with an apparent ability to do so, and performing an act that creates a well-founded fear that violence is ­____________.

Answer 37

threat; violence; imminent

Question 38

What are the elements for a robbery in Florida?

Answer 38

Robbery is (i) the taking of money or property; (ii) from the person or custody of another; (iii) with the intent to either permanently or temporarily deprive the person or owner of the money or property; and (iv) when in the course of the taking there is the use of force, violence, assault, or putting in fear.

Question 39

TRUE or FALSE: Florida recognizes the crime of attempted theft.

Answer 39

FALSE. Because the statute defines “theft” as including the mere attempt to commit theft (“endeavors to obtain or use”), a completed theft crime is fully proven when an attempt, along with the requisite intent, is established.

Question 40

TRUE or FALSE:
In Florida, where one of two persons who conspire to do an illegal act is an officer acting in the discharge of her duties, the other person can be convicted on a charge of conspiracy.

Answer 40

false; bi-lateral theory of conspiracy

Question 41

Does Florida require an overt act to complete a conspiracy?

Answer 41

no

Question 42

does a strict-liability crime require mens rea?

Answer 42

No; proof of the actus reus is sufficient for a conviction

Question 43

drug trafficking

Answer 43

is illegal to sell, manufacture, or deliver controlled substances (i.e., drug delivery).

Delivery is defined as the actual, constructive, or attempted transfer from one person to another of a controlled substance.

Anyone who knowingly delivers specified substances (e.g., heroine) commits a felony in the first degree (e.g., drug trafficking).

Someone who is knowingly in actual or constructive possession of these substances may also be charged with a first-degree felony.