Michigan Crimes

Question 1

Carjacking

Answer 1

(1) The defendant used force or violence, threatened the use of force or violence, assaulted or put another person in fear, and
(2) def did so while in the course of committing a larceny of a motor vehicle (this includes attempts)

Question 2

Fleeing and Eluding Police

Answer 2

1. A police in unitform was performing his/her lawful duties and was driving in an adequately marked police vehicle
2. The def was driving a motor vehicle
3. The officer ordered defendant to stop his vehicle
4. The def knew of this order; and
5. Defendant refused to obey the order by trying to flee or avoid being caught.

Question 3

Bank Robbery

Answer 3

Putting another person in fear for the purpose of stealing money from a bank or depository.

Question 4

Felonious Assault/Assault with a Dangerous Weapon

Answer 4

1. The defendant either attempted to commit a battery on the complainant or did an act that would cause a reasonable person to feel or apprehend an immediate battery.
2. At the time, the defendant had the ability to commit a battery, or appeared to or thought he did.
3. The defendant committed the assault w/a dangerous weapon.

Question 5

Possession with Intent to Deliver a Controlled Substance

Answer 5

1. Defendant knowingly possessed a controlled subtance
2. Defendant intended to deliver it to someone else
3. The substanced possessed was a controlled substance and defendant knew it.

If one does not actually possess a controlled substance, one might be guilty of Possession w/intent to deliver an Imitation Controlled Substance

Question 6

Felon in Possession Statute

Answer 6

This statute disqualifies felons from possessing a firearm until, among other things, the felon has completed all conditions of parole (and waited a specified time period - usually three to five years)

Question 7

Felony Firearm Statute

Answer 7

One is guilty of this crime if one carries or has a firearm in one’s possession while one commits or attempts to commit a felony.

Question 8

Carrying a Concealed Weapon in a Vehicle

Answer 8

The prosecution must prove:

1. That the instrument was a dangerous weapon
2. That the dangerous weapon was in a vehicle that the defendant was in
3. That the defendant knew the instrument was in the vehicle
4. The defendant took part in carrying or keeping the dangerous weapon in the vehicle

NOTE - self defense is not a defense to this charge.

Question 9

Perjury

Answer 9

Prosecution must prove

1. an oath
2. an issue or cause to which facts sworn to are material
3. willful false statement or testimony regarding such facts
4. that the witness did not believe his response to be true

Question 10

Receiving of Stolen Property

Answer 10

If one receives stolen property over $1000, one is guilty of a felony.

One can attempt to receive stolen property too and factual impossibility is not likely to help the defendant (i.e. if it really isn’t stolen but the defendant thinks it is stolen)

Question 11

Corpus Deliciti Rule

Defendant’s conviction may not be admitted unless there is direct or circumstanstial evidence independent of the confession establishing:

Answer 11

1. The occurrence of the specific injury, and
2. some criminal agency as the source of injury.

(established preponderance of the evidence)

The purpose of corpus delicti rule is to guard against erroneous convictions for criminal homicides that never occurred.

NOTE - def’s confession that she killed without futher evidence is not enought

Question 12

When does the trial court have to instruct on a lesser included offense?

Answer 12

Whenever the lesser included offense is supported by a rational view of the evidence.

Question 13

Other honorable mentions from Michigan Law

Answer 13

Accessory after the fact is NOT a lesser included offense of armed robbery.

MI recongizes “Open Murder” where the prosecutor is NOT required to choose between degrees of murder but can simply charge the defendant with “murder” and allow the jury to decide whether the defendant is guilty of 1st or 2nd degree murder.