Wisconsin Criminal Law and Procedure

Question 1

Armed Robbery

Answer 1

Armed Robbery requires: 1) proof that an individual, 2) with the intent to steal, 3) takes property from the person or presence of the owner 4) by the use or threat of force which will compel the owners acquiescence.

Use or threat of use of a dangerous weapon or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon is guilty of a felony.

Question 2

Burglary

Answer 2

Wisconsin defines the elements of burglary as (1) intentionally; (2) entering a building or dwelling; (3) without the consent of the person in lawful possession; and (4) with the intent to steal.

Question 3

Principal

Answer 3

Direct actor

Question 4

Aider and Abettor

Answer 4

One who undertakes conduct which objectively aids another person in executing a crime, with the conscious desire or intent that the conduct yields such assistance

Question 5

Conspiracy

Answer 5

The elements of conspiracy are: (i) agreeing or combining with another for the purpose of committing a crime, (ii) with intent that the crime be committed, and (iii) an act by at least one party to accomplish the crime.

Question 6

First-Degree Intentional Homicide

Answer 6

Person causes death of another with intent to kill

Question 7

First-Degree Reckless Homicide

Answer 7

Person recklessly causes death of another through circumstances reflecting utter disregard for human life, or through manufacture, distribution, delivery, or administration of controlled substance.

Question 8

Second-Degree Intentional Homicide

Answer 8

Person causes death of another with intent to kill but with mitigating circumstances, including adequate provocation, unnecessary defensive force, unreasonable belief in the need to prevent a felony, and coercion or necessity.

Question 9

Second-Degree Reckless Homicide

Answer 9

Person recklessly causes death of another. Requires criminal recklessness, which requires creation of objectively unreasonable and substantial risk of human death or great bodily harm and actor’s subjective awareness of risk. Awareness that the conduct caused death is not required.

Question 10

Arson

Answer 10

Intentional damaging of a building/property of another by fire or explosives without consent.

Question 11

Attempt

Answer 11

Defendant must commit an act toward the commission of a crime which unequivocally demonstrates that they formed the intent to commit the crime, and but-for intervention of another person or another factor, would have committed the crime.

Question 12

What makes an informant reliable?

Answer 12

When determining the informant’s reliability, Wisconsin courts apply a relaxed test of reliability that shifts from a question of personal reliability to observational reliability. Predictive information is not necessary for a tip to be reliable, but it is one of the indicia of reliability that can bolster a tip’s credibility.

Question 13

Good Faith Exception

Answer 13

The prosecution must show that the process used to obtain the search warrant included a significant investigation and a review by a police officer trained in, or very knowledgeable of, the concepts of probable cause and reasonable suspicion.

Question 14

Theft

Answer 14

A defendant is guilty of theft if he 1) intentionally takes and 2) carries away, uses, transfers, conceals, or retains possession of 3) movable property of another 4) without the other’s consent and 5) with intent to deprive the owner permanently of possession of such property.

Theft can also be charged as a continuing offense in Wisconsin.

Question 15

Criminal Battery

Answer 15

In Wisconsin, criminal battery must be committed with intent to cause bodily harm to that person or another

Question 16

When is intoxication a defense?

Answer 16

Intoxication is a defense only if it is involuntarily produced and either (i) renders the actor incapable of distinguishing between right and wrong at the time of the criminal act, or (ii) negates the required mental state for the crime.