Inchoate Offenses and Defenses

Question 1

Application of MERGER

Answer 1

Crimes cannot be punished separately when:

1. offenses requires IDENTICAL ELEMENTS OF PROOF, (e.g. battery + larceny)
2. offenses that are STATUTORY DEGREES OF THE SAME OFFENSE, (e.g. 1st degree + 2nd degree theft) or
3. LESSER-INCLUDED offenses (e.g. Grand Theft + Petit Theft)

Question 2

What are the 3 Inchoate Crimes in Florida?

Answer 2

1. Solicitation
2. Conspiracy
3. Attempt

Question 3

What is SOLICITATION and what distinguishes it in Florida from the Common Law?

Answer 3

SOLICITATION is ASKING someone to commit a crime with the INTENT that the crime be committed.
AT CL: No renouncement of solicitation (you can’t change your mind).
IN FLORIDA: to renounce the solicitation, D must:
1. Convince the person not to commit the crime, AND
2. Manifest a complete renunciation of his criminal intent

Question 4

What is CONSPIRACY and what distinguishes it in Florida from the modern criminal statutes and the common law?

Answer 4

Modern/majority rule: An AGREEMENT + OVERT ACT
Common Law: AGREEMENT (No overt act requirement), and no withdrawal defenses available
In Florida: Mere agreement, no OVERT ACT requirement, but D may WITHDRAW from conspiracy by:
1. Convincing the person not to commit the crime, AND
2. Manifesting a complete renunciation of criminal intent

Question 5

What is ATTEMPT and what distinguishes it in Florida from the majority rule?

Answer 5

Majority: An attempt is a SUBSTANTIAL step towards the commission of a crime that does not result in that crime being committed.
Florida: Same as majority, but unlike CL, D may avoid liability be RENOUNCING criminal intent and ABANDONING or otherwise PREVENTING the crime.

Question 6

What are the 5 defenses available in Florida?

Answer 6

1. Excusable Homicide
2. Self Defense: Deadly Force
3. Self Defense: No Duty to Retreat
4. Immunity (Stand Your Ground)
5. Entrapment

Question 7

Excusable Homicides in Florida

Answer 7

May be raised as a defense for:

1. An accidental killing during a lawful act,
2. An accidental killing during a heat of passion,
3. A death caused by accident or misfortune during combat (without the use of a deadly weapon, and not done in a cruel and unusual manner)

Question 8

Self Defense: Deadly Force in Florida vs. under CL

Answer 8

CL: A person using deadly force must show that they had a reasonable fear of imminent death in order to use deadly force.
In Florida: A person is PRESUMED to have the necessary reasonable fear to use deadly force against a person who:
1. unlawfully or through force enters a DWELLING or occupied VEHICLE, or
2. tried to remove her another against her will from the dwelling or vehicle, and
3. KNEW of that act

Question 9

Florida presumption of using deadly force as self defense does not apply if: (4 instances)

Answer 9

1. the person had a right to be in the dwelling or vehicle
2. the person being removed is a child by a legal guardian or parent
3. the victim is a law enforcement officer
4. the person using the force is using the dwelling or vehicle for an unlawful purpose

Question 10

What distinguishes Florida from the minority CL rule in regards to the duty to retreat in self defense?

Answer 10

Under the minority CL, the D was required to retreat if it can be done safely and the D was not in one’s home.
In Florida, there is NO DUTY to retreat from anywhere so long as:
1. Force is necessary to prevent death or other bodily harm, or
2. Force is necessary to prevent a forcible felony

Question 11

What is the biggest distinction Florida has when it comes to self defense?

Answer 11

Unlike the majority or CL, FL grants IMMUNITY from criminal prosecution or civil action.
In a criminal action, the result is a dismissal of the case. In civil action, the case is dismissed and P must pay attorney’s fees and all expenses incurred by the D.

Question 12

What is ENTRAPMENT and how is it is is distinguished in Florida from the majority approach?

Answer 12

The majority view applies the OBJECTIVE approach which only considers the ACTIONS of the police and whether their actions created a substantial RISK that crime would occur.
Florida, however, follows the SUBJECTIVE approach which requires that the D to show:
1. Government inducement, AND
2. Absence of predisposition of the D