Homicide
The Third Prong of Malice is
Plain and strong likelihood of death or serious harm
T/F. Their is a difference at CL and MPC for the crime of Solicitation
False
T/F is does not matter how far you have carried/taken away the property to be charged with larceny?
True
T/F. All inchoate crimes are specific intent
True
T/F: Mere presence and knowledge of someone's plan to commit a crime is enough to convict them of conspiracy.
False!
The three aggravating factors to bump Murder 2 to Murder 1
1. Premeditation
2. Extreme Attrocity
3. Felony Murder
Is it the CL or MPC that recognizes the Pinkerton Rule under Conspiracy. (Bonus points if you can state the Pinkerton Rule)
Pinkerton Rule exists at CL. Pinkerton Rule- is vicarious liability for any reasonably foreseeable acts your co-conspirator takes.
Name the 3 elements of Larceny
1. unlawful/wrongful taking & carrying away of
2. Another's personal property
3. With specific intent to permanently deprive
Name the 2 elements of Solicitation
1. Asking, encouraging or demanding someone else to commit a felony offense
2. A complete crime whether or not targeted offense is attempted/completed.
What is the only available argument to joint venturers looking to sever their case from one another?
Substantial unfair prejudice
What is Depraved Heart Murder?
The functional equivalent of an intended killing. When a killing shows an extreme indifference to human life in the way it was committed.
Conspiracy requires an overt act at CL or MPC?
MPC requires an overt act to be taken in furtherance of the conspiracy to be held liable.
If you did not originally intend to steal the property but then decide to keep it has there been a concurrence of events?
Yes, once a decision to maintain the property has been made there has been a concurrence of the elements and they may be charged with larceny
Can you renounce your involvement in the targeted crime once solicited? If so, how?
Yes. One can renounce their position in the target offense if it is complete, voluntary, and they take affirmative steps to stop the crime.
T/F: A joint venturer that consented to participate in an assault does not have the specific intent to be charged with a resulting murder.
True! There needs to be enough circumstantial evidence to prove the defendant joined the assault with the knowledge that a murder was going to occur.
What is the Proximate and Agency Approach under the co-conspirator rule during Felony murder?
Agency Approach: Majority Approach- you may only be held liable for a killing if the killer was an agent of yours.
Proximate Approach: Minority Approach- Liability attaches if the killing was result of the unlawful activity.
The approaches to Voluntary Manslaughter under the CL and MPC?
CL- Heat of Passion
MPC- Extreme Emotional Disturbance
If a defendant claims to have a gun at a robbery is arrested 3 days later but did not actually have a gun, can they still be charged with armed robbery?
Yes, if the defendant had time to dispossess of a weapon but did not actually have one while claiming to they will be charged and prosecuted with armed robbery.
T/F: Conspiracy merges with the targeted offense.
False. Conspiracy is a complete crime in itself.
What is the difference between defenses of Excuse and Justification.
Excuse: Admits criminality, "What I did was a crime, BUT..."
Justification: Admits conduct, "What I did was not criminal"
When does the Merger Rule Apply in Felony-Murder and what is the result?
1. When the jurisdiction recognizes it
2. When defendant harbored an independent felonious intent in the commission of a violent felony.
3. The felony murder rule will not apply
When prosecuting under Joint Venture/Accomplice Liability the government must show the principal actually committed the crime under the MPC or CL?
CL. Under the MPC the joint venturers can be charged with attempted crimes whereas the at CL the targeted offense must have been completed.
How is a "dangerous weapon" determined to be dangerous?
either in its construction or the manner of its use
What is the bilateral and unilateral approach in reference to Conspiracy.
MPC: Unilateral approach- does not require a meeting of the minds. One can enter into a conspiracy with an undercover agent that has no intent to commit the crime.
CL: Bilateral approach- Majority Rule, one cannot be charged to have entered into a criminal conspiracy with an undercover agent who had no intent to commit the targeted offense.
What type of defense may a joint venturer piggy back on when their co-defendant raises a defense?
JOINT VENTURERS MAY SHARE DEFENSES OF JUSTIFICATION. THEY CANNOT SHARE DEFENSES OF EXCUSE.