FL Criminal Law Distinctions

Question 1

A person who commits the ___ ___ and/or the person who aids, abets, hires, counsels, or otherwise procures a criminal offense is an ____ in the first degree.

Answer 1

actus reus
accessory

Question 2

At common law, a person who aids or assists a felon in avoiding apprehension or conviction of a crime is known as an _____ _____ the fact.

Answer 2

accessory after. Exam Tip: In Florida, there is a distinction between family members (spouse, parent, grandparent, child, sibling) and non-family members (aunts, uncles, cousins included). This is known as the Related Person Exemption.

Question 3

Related Person Exemption

Answer 3

Florida exempts close relatives unless the crime that the offender committed was a capital, life, first-degree, or second-degree felony. Any person who assists another, knowing the other person has committed an offense against a child and with the intent that the other person avoid apprehension or punishment, regardless of the relationship to the other person, is an accessory after the fact unless the court finds that the person is a victim of domestic violence.

Question 4

Accessory After the Fact

Under Florida’s Related Person Exemption, family members are excluded from responsibility if they assist in a ____ degree felony or less

Answer 4

3rd degree

Question 5

Defendant did not know, because of a mental defect or disease, that what he was doing was wrong. This is known as the _____ Test.

Answer 5

M’Naghten (insanity defense)

Question 6

In Florida, insanity is an affirmative defense that requires the _____ to prove that he was insane at the time of the crime by _____ and _____ evidence.

Answer 6

defendant, clear, convincing

Question 7

Mental disease or defect prevented Defendant from being able to conform his conduct to the law. This is known as the ____ ____ test.

Answer 7

Irresistible impulse.

Exam tip: Florida does NOT allow the irresistible impulse test as a defense.

Question 8

“But For” Test

The crime would not have been committed “but for” the disease or defect. This is known as the _____ Rule.

Answer 8

Durham

Question 9

As a result of a mental disease or defect, the defendant did not have substantial capacity to appreciate the wrongfulness of the act or to conform the conduct to the law. This is known as the ____ Rule.

Answer 9

Model

Question 10

In Florida, voluntary intoxication is not a defense to __ crime.

Answer 10

any.

Exam Tip: voluntary intoxication is not admissible to show that the defendant lacked the mens rea or was insane. The only exception in Florida is if the administration of the intoxicant was pursuant to a valid RX script.

Question 11

Providing a person with the means to commit suicide is not being an accessory to homicide. However, in Florida, a person who deliberately assists another in the commission of self-murder is guilty of ___.

Answer 11

manslaughter.

Question 12

At common law, if a victim died from injuries inflicted by the defendant more than ___ year and ___ day after the defendant’s act, it was conclusively presumed that the defendant was not the _____ cause of the death.

Answer 12

one, one, proximate

Exam Tip: In Florida, there is NO year and one day rule.

Question 13

Common Law manslaughter is classified as ___ or ___.

Answer 13

voluntary, involuntary

Question 14

In Florida, manslaughter is classified as manslaughter and ___ manslaughter.

Answer 14

aggravated

Question 15

Common law murder is defined as the unlawful killing of a human being with “_____ ____”

Answer 15

malice aforethought.

Exam Tip: Florida does not use this term, per se. Instead, it uses the word “premeditation.”

Question 16

In Florida, the different mental states are reflected in different ___ of murder.

Answer 16

degrees.

Question 17

In Florida, felony murder is divided into _____ degrees based on the underlying crime and on who actually committed the killing.

Answer 17

2

Question 18

What enumerated felonies does the following mneumonics stand for: B A R R K?

Answer 18

Burglary, Arson, Robbery, Rape, Kidnapping

Question 19

In Florida, killing occurs during the perpetration of a felony that is not an ___ element of the felony.

Answer 19

essential

Question 20

Second degree murder is an unlawful killing with a ____ ____.

Answer 20

depraved mind

Question 21

Florida’s theft statute encompasses ____, ____, and false ____

Answer 21

larceny, embezzlement, pretenses

Question 22

An element of theft includes the intent to either permanently or temporarily ____ that person of their property.

Answer 22

deprive.

Exam Tip: in Florida, degrees of theft are determined by the value of the property taken and its type.

Question 23

The key to robbery is the ____ of the person being stolen from.

Answer 23

presence

Question 24

In Florida, to be charged with burglary, a break in is/is not required?

Answer 24

Is NOT

Question 25

A form of touching that causes bodily harm to another is known as ____.

Answer 25

battery.

Exam Tip: In Florida, bodily harm is not required. A battery includes any intentional touching or striking without consent.

Question 26

An attempt to commit a battery or placing another person in fear of imminent bodily harm is known as ____.

Answer 26

assault

Question 27

In Florida, a threat to commit violence and/or the apparent ____ to do so is/is not sufficient to constitute an assault?

Answer 27

ability, is

Question 28

Stalking is considered a ____ degree ____ in the state of Florida.

Answer 28

first, misdemeanor

Question 29

Repeated course of conduct using electronic communication causing a person substantial emotional distress and serves no legitimate purpose is known as ____.

Answer 29

cyberstalking.

Question 30

Rape is/is not a sexual battery offense in the state of Florida?

Answer 30

is NOT

Question 31

Consent is/is not a defense in the state of Florida for statutory rape?

Answer 31

is not

Question 32

In the state of Florida, “sexting” needs both sexual posing and nudity for the crime to be charged. True or False?

Answer 32

False.

Question 33

Kidnapping requires the ____ abduction of a person.

Answer 33

forcible.

Exam Tip: In Florida, a demand for a ransom/reward is also required.

Question 34

For a conviction of arson in Florida, the prosecutor must prove that the defendant acted willfully and unlawfully during the commission of the felony AND the _____ where a person is normally present is burned.

Answer 34

structure

Question 35

Solicitation is asking someone to commit a crime with intent that the crime will be committed. Common law says you can / cannot change your mind.

Answer 35

cannot.

Exam Tip: In Florida, you CAN change your mind, but you must persuade the person not to commit the crime and the defendant must manifest a complete and voluntary renunciation of his criminal intent.

Question 36

An agreement to commit an unlawful act as well as an _____ act in commission or in furtherance of the conspiracy.

Answer 36

overt.

Exam Tip: In Florida, abandonment is a defense.

Question 37

A self defense for using deadly force must show that the person had a _____ fear of imminent death or bodily injury.

Answer 37

reasonable.

Caveat: In Florida, a person is presumed to have the necessary fear to use deadly force.

Question 38

An _____ approach to entrapment only considers the actions of police and whether their actions created a substantial risk that a crime would occur.

Answer 38

objective.

Question 39

A _____ approach looks at both the actions of the police and the predisposition of the defendant.

Answer 39

subjective.

Exam Tip: Florida requires government inducement and absence of predisposition.