Inchoate Crimes Flashcards
Merger
In Florida, separate crimes committed in the course of one criminal episode are to be punished separately except for:
i) Offenses requiring identical elements of proof;
ii) Offenses that statutorily are degrees of the same offense; or
iii) Lesser-included offenses (ones which statutory elements are subsumed by the greater offense).
Effect of withdrawal on conspiracy
It is a defense to conspiracy if after conspiring with one or more persons to commit an offense, the defendant persuaded such persons not to do so or otherwise prevented the commission of the offense and manifested a complete and voluntary renunciation of his criminal purpose
Note that in Florida, the requirements for the defense of withdrawal are the same for both conspiracy and solicitation.
Effect of abandonment on attempt
It is a defense to attempt if the defendant abandoned his attempt to commit the offense or otherwise prevented the commission of the crime and manifested a complete and voluntary renunciation of his criminal purpose
Renunciation
It is a defense to solicitation if after soliciting another to commit an offense, the defendant persuaded the person not to do so or otherwise prevented the commission of the offense and manifested a complete and voluntary renunciation of his criminal purpose.
Excusable homicide
In Florida, homicide is excusable when committed:
i) By accident and misfortune in doing any lawful act by lawful means with usual ordinary caution and without unlawful intent;
ii) By accident and misfortune in the heat of passion upon any sudden and sufficient provocation; or
iii) Upon accident or misfortune resulting from sudden combat without the use of any dangerous weapon and not done in a cruel or unusual manner. A “dangerous weapon” is any weapon that, taking into account the manner in which it is used, is likely to produce death or great bodily harm.
Regarding the use of deadly force
In Florida, a person is presumed to have a reasonable fear of imminent death or great bodily harm when using deadly force if:
i) The person against whom the force was used unlawfully and forcefully entered or attempted to enter a dwelling, residence, or occupied vehicle, or had removed or attempted to remove another against her will from the dwelling, residence, or occupied vehicle; and
ii) The person who used the force knew or had reason to believe that an unlawful and forcible entry or act was occurring or had occurred.
No presumption of reasonableness
i) The intruder has the right to be in, or is a lawful resident or owner of the dwelling, residence, or vehicle and there is no order prohibiting the person against whom defensive force is used from entering the dwelling, residence, or vehicle or contacting an individual therein;
ii) The person sought to be removed is the child, grandchild, under the guardianship, or in legal custody of the person against whom force is used;
iii) The person using the defensive force is engaged in or using the dwelling, residence, or occupied vehicle for unlawful activity; or
iv) The person against whom force is used is a law enforcement officer engaged in the lawful performance of his duties and the person knew or reasonably should have known that the person entering was a law enforcement officer.
Presumption of intent to commit an unlawful act
A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
When there is no duty to retreat
There is no duty to retreat in Florida if a person reasonably believes that deadly force is necessary to prevent death or great bodily harm to himself or another, or to prevent the imminent commission of a forcible felony. A “forcible felony” includes treason, murder, manslaughter, sexual battery, carjacking, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful bombing, or any other felony involving the use or threat of physical violence against a person
Forcible felony
A “forcible felony” includes treason, murder, manslaughter, sexual battery, carjacking, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful bombing, or any other felony involving the use or threat of physical violence against a person
Immunity surrounding self-defense
A person who justifiably uses force is immune from criminal prosecution and civil action for the use of such force unless the person against whom the force was used is a law enforcement officer engaged in the lawful performance of his duties and the person using the force knew or reasonably should have known that the person was a law enforcement officer.
Asserting immunity in criminal cases
Fla. Stat. § 776.032. A criminal defendant may assert immunity to prosecution in a pretrial motion. Once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution.
Asserting immunity in civil cases
If a defendant in a civil action is found immune from prosecution, the court must award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in his or her defense.
Entrapment
Although the statutory language tracks the objective approach to defining entrapment, case law clarifies that Florida follows the subjective approach.
An entrapment defense must include both government inducement and the “absence of a predisposition” on the part of the defendant
