General Principles

Question 1

In terms of who can be parties to a crime, how are PRINCIPALS and ACCESSORIES (before the fact) different in Florida from the CL?

Answer 1

Under CL, PRINCIPALS in the 1st degree are persons who commit the crime. ACCESSORIES before the fact couple become a PRINCIPAL in the 2nd degree if they are PRESENT at the crime.
IN FL, there is NO DISTINCTION between PRINCIPALS and Accessories before the fact.
Any person who aids, abets, hires, counsels, or otherwise procures a criminal offense is a PRINCIPAL in the 1ST DEGREE.

Question 2

Accessory AFTER the fact in CL vs in FL

Answer 2

CL: Anyone who aids or assists a felon in avoiding apprehension or conviction is an accessory after the fact. There is only one class of accessories after the fact and they were dealt in the same way.
FL: Same as CL, but family members are excluded from liability if principal is charged with a 3rd degree felony or less. For all other felonies, family members can be charged as accessories after the fact.

Question 3

List the 4 types of Insanity defenses in Common Law

Answer 3

1. M’Naughten test
2. Irresistible Impulse test
3. Durham “but for” test
4. Model Penal Code test

Question 4

M’Naughten Test

Answer 4

Insanity defense used under CL and FL that states that because of a mental disease or defect, the D did not know that what he was doing was wrong.

Question 5

Irresistible Impulse Test

Answer 5

Insanity Defense that states that a mental disease or defect prevented the D from being able to control his actions to conform his conduct to the law.

Question 6

Durham Test

Answer 6

Insanity test that states hat but for the mental disease or defect, the crime would not have been committed.

Question 7

Model Penal Code Insanity Defense

Answer 7

Due to the mental disease or defect, the D lacked the capacity to appreciate the wrongfulness of the act or to conform the conduct to the law (mixture of M’Naughten and Irresistible Impulse defenses)

Question 8

Who has the burden of proof when it comes to insanity defenses and what is the standard of proof?

Answer 8

Insanity is an affirmative defense in which the D has to prove by CLEAR AND CONVINCING evidence that he was insane at the time of the crime.

Question 9

Defense of VOLUNTARY INTOXICATION under CL vs. FL

Answer 9

CL: Defense to SPECIFIC INTENT crimes
FL: Not a defense to any crime. Evidence of voluntary intoxication is not admissible to show that D laced the mens rea or was insane EXCEPT if the administration of the intoxicant was pursuant to a doctor’s prescription.

Question 10

Categories of Crimes under CL vs in FL

Answer 10

CL: Felony (punishable by death or more than 1 year in prison) and misdemeanors (punishable by imprisonment of 1 year or less)
FL: Felony crimes:
1. Capital felony
2. Life Felony
3. 1st degree felony
4. 2nd degree felony
5. 3rd degree felony
Misdemeanors:
1. 1st degree 
2. 2nd degree