Other Crimes

Question 1

Principal

Answer 1

Those who commit crimes

Question 2

Accomplice

Answer 2

A person who aids, counsels, or encourages principal before or during crime

Generally treated as principals

Question 3

Accessory after the fact

Answer 3

Person who relieves, receives, or comforts def after a felony is committed. Must know def committed crime.

Separate crime with punishment unrelated to principals felony

Question 4

Accessory before the fact

Answer 4

Someone who provides assistance before a felony is committed but not present during the crime. Must know he is aiding the def in crime.

Question 5

Arson

Answer 5

Malicious burning of the dwelling of another. Def must act with knowledge or reckless disregard that structure would burn.

Mere scorching (blackening by smoke) not enough BUT charring is enough (damage to wood or fibers)

Question 6

Accomplice Liability

Answer 6

Liable for all crimes committed and all foreseeable crimes

Question 7

Proximate Cause Theory

Answer 7

Felons liable for all deaths that occur during the commission of felony (eg deaths but cops/others)

Question 8

Agency Theory

Answer 8

Only liable for death caused by felons or co felons

Question 9

Redline Cases

Answer 9

Felon not liable when person killed is his co felon

Question 10

Battery

Answer 10

Unlawful application of force resulting in bodily injury or offensive touching

Question 11

Assault

Answer 11

Attempt to commit a battery other than by mere words. Reasonable apprehension of immediate bodily harm.

Question 12

Kidnapping

Answer 12

Movement of victim or concealment of victim in secret place.

Aggravated: child, ransoms, other offensive purpose

Question 13

MPC Kidnapping

Answer 13

1. Unlawful confinement of a person
2. Movement of Vic OR concealment of Vic in secret place

(Can’t just be incidental to other crime)