Michigan Crimes and Concepts that have been tested in essays

Question 1

Carjacking

Answer 1

1. Defendant used force or violence, threatened the use of force or violence, assaulted, or put another person in fear, and
2. the Defendant did so while in the course of committing a larceny of a motor vehicle

Question 2

Fleeing and Eluding Police

Answer 2

1. defendant was directed to stop by a police officer acting in accordance with their duty, and
2. the defendant willfully refused to obey the order by trying to flee or avoid being caught

Question 3

Bank Robbery

Answer 3

the defendant put 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. Defendant either attempted to commit a battery on someone or did an act that would cause a reasonable person to fear or apprehend a battery,
2. the D intended to injure the person or make the person reasonable fear an immediate battery,
3. at the time, the defendant had the ability to commit a better, appeared to have the ability, or thought they had the ability, and
4. the D committed the assault with a dangerous weapon

Question 5

Assault with intent to do great bodily harm

Answer 5

the D assaults another person with the intent to do great bodily harm, less than the crime of murder, which required:

1. an attempt or threat with force or violence to do corporal harm to another, and
2. an intent to do great bodily harm less than murder

Question 6

Possession with intent to deliver a controlled substance

Answer 6

1. Defendant knowingly possessed a controlled substance,
2. D intended to deliver it to someone else, and
3. the substance possessed was a controlled substance and the D knew it

Question 7

Felon in possession statute

Answer 7

Disqualifies felons from possessing a firearm until, among other things, the felon has completed all conditions of parole

Question 8

Felony firearm statute

Answer 8

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 9

Carrying a concealed weapon

Answer 9

Prohibits a D from carrying a firearm that is “concealed on or about his or her person” or in a vehicle occupied by the person

Question 10

Perjury

Answer 10

The prosecution must prove there was:

1. an oath
2. an issue or cause to which facts sworn to are material, and
3. willful false statements or testimony regarding such facts

Question 11

Corpus Delicti

Answer 11

Defendant’s confession may not be admitted unless there is direct or circumstantial evidence dependent of the confession establishing:

1. the occurrence of the specific injury
2. some criminal agency as the course of the injury

(can be established by a preponderance of the evidence to get case to a jury)