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Question 0

How do you determine the difference between robbery and aggravated robbery?

Answer 0

• did D use a dangerous/deadly weapon?
• did D show a weapon, or represent that he had one, even if he didn’t?
• was serious bodily injury inflicted?
• did D have an accomplice?

Question 1

What is extortion?

Answer 1

A threat to cause the victim, or another person future harm along with intent to receive the victim’s property as a result of the threat

Question 2

Do threats for extortion have to be a physical injury?

Answer 2

No

Question 3

Must be the controlling cause for giving up your property in an extortion case?

Answer 3

Fear

Question 4

What does the property involved in extortion have to be?

Answer 4

Anything of value

Question 5

What must the threat be for extortion?

Answer 5

Anything that induces the victim to do any act against his will

Question 6

What are some examples of threats for extortion?

Answer 6

Threats to:

• cause bodily harm
• damage to personal property
• cause harm to another person
• accuse the victim of a crime
• expose a secret

Question 7

Threats for extortion can come in which two ways?

Answer 7

Written or oral

Question 8

What are the elements of extortion?

Answer 8

• taking of property
• from another
• by threat of future violence

Question 9

If in an extortion situation, the defendant is threatening to reveal true facts, is that a defense?

Answer 9

No

Question 10

Why are threats to get payment for a debt not usually extortion?

Answer 10

Because the defendant is entitled to the property, so he lacks the intent to extort for gain

Question 11

What are the three different types of crimes that mistake of fact defense to theft involves?

Answer 11

Specific intent crimes, general intent crimes, strict liability crimes

Question 12

How does mistake of fact apply to specific intent crimes for theft?

Answer 12

Just need a good faith mistake, even if it is totally unreasonable

Question 13

If a defendant dragged a woman down an alley kicking and screaming with the intent to rape her, but he honestly believed she was consenting, would that be a defense?

Answer 13

Yes, because he honestly believed it and it doesn’t matter if that was unreasonable, all that matters is a good faith belief for a mistake of fact defense to a specific intent crime (attempted rape)

Question 14

How does mistake of fact apply to general intent crimes?

Answer 14

Mistake must be both reasonable and in good faith (a reasonable person in the same circumstances would’ve also been mistaken)

Question 15

How does mistake of fact apply to strict liability crimes?

Answer 15

Since they have no mental state to negate, mistake of fact can never be a defense

Question 16

How is Necessity/Conversion a defense to theft crimes?

Answer 16

Can be a mitigating circumstance when the lesser evil doctrine is applied

Question 17

What is the lesser evil doctrine?

Answer 17

If you were committing a crime to avoid a greater evil, that can be a valid defense

Question 18

Example of the lesser evil doctrine?

Answer 18

Someone tells you they will kill you unless you burn down a building, arson is okay because you were avoiding the greater evil of death

Question 19

If someone tells you that you must kill someone else in order to not die yourself, is that an example of the greater evil doctrine?

Answer 19

No, because one homicide is not a greater evil than another

Question 20

Why are necessity and coercion not usually defenses to homicide?

Answer 20

Because there is no greater evil than murder, unless you commit one killing to avoid the killing of many

Question 21

When would the lesser evil doctrine apply to murder?

Answer 21

Only in a situation where you commit one killing in order to avoid killing many

Question 22

What are the two different views of entrapment?

Answer 22

• Common law/majority view: pre-disposal to commit crime

- Modern/minority view: law-enforcement action induced the crime

Question 23

What is the pre-disposal view of entrapment?

Answer 23

If the defendant is predisposed to commit the crime, there is no entrapment

Question 24

What is an example of a pre-disposal situation that would make it so there was no entrapment?

Answer 24

Defendant goes to a store to case the place for robbery, is approached by a cop who suggests a crime. No entrapment because he was predisposed to commit the crime

Question 25

What is the minority inducement approach to entrapment?

Answer 25

Asks whether the cops’ actions would have induced a reasonable person to commit the crime. If so, there was entrapment

Question 26

Does a threat for extortion have to be something unlawful?

Answer 26

No