Michigan Specific Rules

Question 1

Can one who aids and eats be charged and convicted as the principal in MI?

Answer 1

Yes, Michigan statutes get rid of the distinction between principal and accomplice.

Question 2

Aiding and Abetting - Elements

Answer 2

1. the crime charged was committed by the defendant or some other person;
2. the defendant performed acts or gave encouragement that assisted the commission of the crime; and
3. the defendant intended the commission of the crime or had knowledge that the principal intended its commission at the time he gave aid and encouragement

Question 3

Michigan Peace Officer Rule

Answer 3

The killing of a peace or corrections officer who is lawfully engaged in the performance of their duties is first-degree murder ifthe defendant knew that the person was a peace/corrections officer legally engaged in performance of their duties.

Question 4

Involuntary Manslaughter - During Commission of Misdemeanor/Felony not under Felony Murder- Michigan Rule

Answer 4

Misdemeanor or felony (not under felony murder) must be committed with intent to injure or in a grossly negligent manner

Question 5

Michigan Kidnapping Rule

Answer 5

Defendant knowingly and without consent or authority, restricts another’s movements or confines them with the intent to:

1. hold them for ransom
2. use them as a shield or hostage
3. have criminal sexual contact with the person
4. take them outside of Michigan, or
5. hold that person in involuntary servitude

(no time requirement)

Question 6

Michigan Arson Rules

Answer 6

Arson occurs when a person willfully or maliciously burns, damages, or destroys by fire or explosive, one of the following:

1. an apartment (first-degree)
2. real property that results in physical injury (first-degree)
3. a dwelling (second-degree)
4. a building (third-degree)
5. personal property (third/fourth-degree - determined by the dollar value)

Question 7

Does Michigan recognize arson of insured property?

Answer 7

Yes, if the intent is to defraud the insurer

Question 8

Michigan Rule on Robbery

Answer 8

(does. not require a completed taking)

A person who, in the course of committing larceny, uses force or violence against any person who is present, or who assaults or puts the person in fear is guilty of robbery.

Question 9

Michigan rule on Armed Robbery

Answer 9

A person is guilty of armed robbery in Michigan is, while committing a robbery, they:

1. possessed a weapon designed to be dangerous or capable of causing death or serious injury,
2. possessed any object capable of causing death or serious injury and the D used it as a weapon
3. possessed any other object used or fashioned in a manner to lead a person who was present to reasonably believe it was a dangerous weapon (finger gun in pocket pretending it is a concealed gun)

Question 10

Michigan First-Degree Home Invasion - Elements

Answer 10

1. the D broke and entered a dwelling OR entered the dwelling without permission
2. the D either intended to commit a felony, larceny, or assault at the time of entering OR at any time the D was present in or leaving the dwelling, he or she committed a felony, larceny, or assault; and
3. when the D was entering, present in, or was leaving the dwelling, either the D was armed with a dangerous weapon OR another person was lawfully present in the dwelling

Note: it is second degree home invasion if the third element is not present)

Question 11

Differences between common law (breaking and entering) and Michigan (home invasion)

Answer 11

1. the crime does not have to occur at night in Michigan
2. the “breaking” is not required in Michigan
3. the D does not need to have the intent to commit a felony at the time he enters - can form later

Question 12

Michigan Stand your Ground

Answer 12

If an individual is not committing a crime, they may use deadly force against another individual:

1. anywhere they have a legal right to be with no duty to retreat, and
2. if they honestly and reasonably believe that the use of deadly force is
3. necessary to prevent imminent death, imminent great bodily harm, or imminent sexual assault to themselves or someone else.

Question 13

Michigan Deadly Force in Self Defense Presumption

Answer 13

a rebuttable presumption exists under MI law that an individual who uses deadly force has an honest and reasonable belief that death or great bodily harm is imminent if, among other things, the person against whom deadly force is used is in the process of breaking an entering a dwelling

or

committing a home invasion and is in the dwelling when the force is used

Question 14

Self Defense Burden

Answer 14

Once evidence of self-defense is introduced, the prosector bears the burden of disproving it beyond a reasonable doubt

Question 15

Claim of Right Taking

Answer 15

A D charged with theft crime may claim they were taking property under a claim of right which negates the intent.

Question 16

Michigan Guilty but Mentally Ill law

Answer 16

• where the D was impaired at the time they committed the offense but not enough to deprive them of their capacity to appreciate the criminality of their conduct or conform their conduct to the requirements of the law
• They can be sentenced and incarcerated as if they had been found guilty of the offense

Question 17

Voluntary Intoxication Defense

Answer 17

1. Is only a defense to specific intent crimes if the following are met:
   
   1. D legally obtained and properly used medication or another substance, and
   2. they did not know or reasonably should not have known that they would become intoxicated (very narrow and usually unsuccessful)

Question 18

Michigan (and minority) rule on Entrapment

Answer 18

The test is whether:

1. the police engaged in impermissible conduct that would induce a law-abiding person to commit a crime in similar circumstances, or
2. the police engaged in conduct so reprehensible it cannot be tolerated