Accomplice
Alex and Ben plan to rob a bank together. Alex will drive the getaway car while Ben goes inside with a gun. During the robbery, Ben panics and shoots a security guard, killing him. Alex had no idea Ben would use violence and specifically told him "no one gets hurt."
What is Alex's criminal liability for the security guard's death?
A) No liability for the death
B) Voluntary manslaughter only
C) Second-degree murder under accomplice liability D) First-degree murder under felony murder rule
Answer: D) First-degree murder under felony murder rule
As an accomplice to the robbery, Alex is liable for all foreseeable consequences of the felony, including deaths that occur during its commission. Under the felony murder rule, Alex is guilty of first-degree murder even though he didn't intend or anticipate the killing, because death during robbery is a foreseeable consequence.
During an argument, Paul shoves his elderly neighbor, intending only to get him to back away. The neighbor falls, breaks his hip, and dies two weeks later from complications.
What type of homicide has Paul most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: D) Involuntary manslaughter
Explanation: This is involuntary manslaughter because Paul committed a criminal act (assault/battery) without intent to kill, and death resulted. The act was criminally negligent given the victim's age and frailty, though Paul didn't intend serious harm.
David discovers his wife in bed with his best friend. In a sudden rage, he grabs a lamp from the nightstand and strikes his wife in the head, killing her instantly.
What type of homicide has David most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: C) Voluntary manslaughter
Explanation: This is voluntary manslaughter because David acted in the "heat of passion" upon adequate provocation (discovering adultery). He had no time to cool off and acted impulsively with intent to kill, but the circumstances reduce the offense from murder.
After being publicly humiliated by his boss at work, Tom goes home, spends two hours drinking and thinking about revenge, then returns to the office and shoots his boss dead.
What type of homicide has Tom most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: B) Second-degree murder
Explanation: This is second-degree murder because while Tom had intent to kill, the two-hour cooling off period likely negates the "heat of passion" defense for voluntary manslaughter. However, the short timeframe and emotional trigger make premeditation/deliberation for first-degree murder questionable.
Sarah enters a department store intending only to browse. While shopping, she sees an expensive necklace and impulsively slips it into her purse without paying.
What type of theft has Sarah most likely committed?
A) Larceny
B) Embezzlement
C) False pretenses
D) Burglary
Answer: A) Larceny
Explanation: This is larceny because Sarah took and carried away another's personal property with intent to permanently deprive the owner. The intent to steal formed after she entered the store lawfully, distinguishing this from burglary
Carol and Dave agree to burglarize a house next weekend. They discuss the plan in detail and Dave purchases burglary tools. However, Carol changes her mind and calls Dave to withdraw from the plan. Dave proceeds alone and successfully burglarizes the house.
What is Carol's criminal liability?
A) No liability - effective withdrawal
B) Conspiracy only
C) Burglary as an accomplice D) Both conspiracy and burglary
Answer: B) Conspiracy only
Explanation: Carol is guilty of conspiracy because the agreement was formed and an overt act (purchasing tools) occurred. However, she effectively withdrew before the target crime, which relieves her of accomplice liability for the burglary itself. Withdrawal from conspiracy requires more than just personal withdrawal - typically notification to authorities or prevention of the crime.
Carol tells her friend she needs to borrow his car for two hours to go to the store, but instead drives it to another state and sells it.
What type of theft has Carol most likely committed?
A) Larceny by trick
B) False pretenses
C) Embezzlement
D) Conversion
Answer: A) Larceny by trick
Explanation: This is larceny by trick because Carol obtained possession (but not title) of the car through deception. The owner intended only to give temporary possession, not ownership, and Carol's misrepresentation induced the transfer of possession.
Alice carefully plans to poison her husband's coffee over several weeks, researching untraceable toxins online and purchasing the poison with cash. She administers the fatal dose on a Tuesday morning.
What type of homicide has Alice most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: A) First-degree murder
Explanation: This is first-degree murder because Alice acted with premeditation and deliberation. The extensive planning, research, and methodical execution demonstrate the reflection and consideration required for first-degree murder.
Frank enters a store during business hours, waits until no employees are watching, then grabs expensive electronics and runs out without paying.
What type of theft has Frank most likely committed?
A) Larceny
B) Burglary
C) Robbery
D) Shoplifting
Answer: A) Larceny (Shoplifting is a form of larceny)
Explanation: This is larceny, specifically shoplifting. Frank took and carried away another's property with intent to permanently deprive the owner. Since he entered during business hours without intent to steal, this is not burglary.
Mike, a bank teller, transfers $5,000 from customer accounts into his personal account over several months, creating false records to cover his tracks.
What type of theft has Mike most likely committed?
A) Larceny
B) Embezzlement
C) False pretenses
D) Robbery
Answer: B) Embezzlement
Explanation: This is embezzlement because Mike was lawfully entrusted with the bank's property (customer funds) in his capacity as a teller and then fraudulently converted it to his own use.
Emma asks her friend Frank to help her steal from her employer's cash register. Frank refuses to participate but agrees to let Emma hide the stolen money in his garage "for a few days" knowing it's stolen. Emma steals $2,000 and stores it at Frank's house.
What is Frank's criminal liability?
A) No liability - mere presence
B) Accomplice to embezzlement
C) Accessory after the fact
D) Conspiracy to commit embezzlement
Answer: C) Accessory after the fact
Explanation: Frank is an accessory after the fact because he knowingly assisted Emma after she completed the crime by helping her conceal the stolen money. He's not an accomplice because he didn't aid the commission of the crime itself, and there's no conspiracy since he never agreed to participate in the theft.
Laura and Mike agree to break into a warehouse to steal electronics. Laura will act as lookout while Mike goes inside. During the burglary, Mike discovers the warehouse contains illegal drugs and steals those instead of electronics. Laura knew nothing about the drugs.
What is Laura's liability for theft of the drugs?
A) No liability - beyond the scope of conspiracy
B) Accomplice liability for drug theft
C) Burglary only, not theft
D) Both conspiracy and accomplice liability for drug theft
Answer: B) Accomplice liability for drug theft
Explanation: Under the Pinkerton rule, co-conspirators are liable for crimes committed by other conspirators that are reasonably foreseeable consequences of the conspiracy. Since theft during burglary is the natural and probable consequence of their agreement, Laura is liable even though the specific items stolen differed from the plan.
During a heated bar fight, Mark punches Steve in the face intending only to hurt him. Steve falls backward, hits his head on a concrete step, and dies from the head injury.
What type of homicide has Mark most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: D) Involuntary manslaughter
Explanation: This is involuntary manslaughter because Mark acted without intent to kill. His criminal act (assault) was committed with criminal negligence, and the death was an unforeseeable consequence of his intentional but non-deadly conduct.
Nancy provides detailed floor plans of a bank to her friend Oscar, knowing he plans to rob it. Oscar shares these plans with Paul, and together Oscar and Paul rob the bank. Nancy never met Paul and didn't know Oscar would involve anyone else.
What is Nancy's criminal liability?
A) Accomplice to Oscar only
B) Accomplice to both Oscar and Paul
C) Conspiracy with Oscar only
D) No liability for Paul's actions
Answer: B) Accomplice to both Oscar and Paul
Explanation: Nancy is an accomplice to both robbers because she aided the criminal enterprise with knowledge of its purpose. She's liable for the reasonably foreseeable acts of all participants in the crime she assisted, even those she didn't know personally. Her aid facilitated the entire robbery regardless of how many people ultimately participated.
Tom breaks into a house at night intending to steal jewelry. Once inside, he takes several valuable items and flees.
What type of theft has Tom most likely committed?
A) Larceny
B) Burglary
C) Robbery
D) False pretenses
Answer: B) Burglary
Explanation: This is burglary because Tom unlawfully entered a dwelling at night with intent to commit a felony (larceny) therein. While he also committed larceny, burglary is the more specific and serious offense.
Grace, Henry, and Ivan agree to commit a series of car thefts. Grace will identify targets, Henry will steal the cars, and Ivan will dispose of them. Before any cars are stolen, police arrest all three based on recorded conversations about their plan.
What crime have Grace, Henry, and Ivan committed?
A) No crime - no overt act
B) Conspiracy only
C) Attempted larceny
D) Criminal solicitation
Answer: B) Conspiracy only
Explanation: They have committed conspiracy. At common law, conspiracy requires only an agreement between two or more people to commit a crime; no overt act is required. Modern statutes typically require an overt act, but planning activities and recorded conversations discussing specific criminal plans would satisfy this requirement.
Emma, a cashier, rings up a $50 item for her friend as a $5 item, allowing her friend to pay only $5 for the merchandise.
What type of theft has Emma most likely committed?
A) Larceny by trick
B) Embezzlement
C) Conspiracy to commit larceny
D) False pretenses
Answer: A) Larceny (and possibly conspiracy)
Explanation: Emma has committed larceny because she facilitated the taking of her employer's property (the $45 difference) with intent to deprive. She may also be guilty of conspiracy to commit larceny with her friend.
Robert shoots into a crowded restaurant because he's angry about poor service, not caring whether anyone gets hurt. A customer is killed by the gunfire.
What type of homicide has Robert most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: B) Second-degree murder
Explanation: This is second-degree murder under the "depraved heart" theory. Robert acted with extreme recklessness and malicious disregard for human life. While he didn't specifically intend to kill, his conduct showed such indifference to life that malice is implied.
David sends a letter to his neighbor stating: "Pay me $1,000 or I'll reveal your affair to your wife." The neighbor pays the money.
What type of theft has David most likely committed?
A) Robbery
B) Extortion/Blackmail
C) False pretenses
D) Embezzlement
Answer: B) Extortion/Blackmail
Explanation: This is extortion (blackmail) because David threatened to expose embarrassing information unless payment was made. Extortion involves obtaining property through threats of future harm, including reputational harm.
Lisa approaches an elderly man on the street, shows him fake identification claiming she's collecting for charity, and convinces him to give her $200.
What type of theft has Lisa most likely committed?
A) Larceny by trick
B) False pretenses
C) Embezzlement
D) Extortion
Answer: B) False pretenses
Explanation: This is false pretenses (larceny by false pretenses) because Lisa obtained title to the money through material misrepresentation of fact, and the victim relied on her lies and intended to transfer ownership.
Jenny tells her boyfriend Kyle about her plan to rob a convenience store and asks him to drive her there. Kyle thinks she's joking and agrees, driving her to the store while she tells him to "wait in the car." Kyle realizes she's serious when she returns running with money and a gun, yelling "drive fast!" Kyle let's Jenny get in the car.
What is Kyle's criminal liability?
A) No liability - lacked intent
B) Accomplice to robbery
C) Accessory after the fact
D) Conspiracy to commit robbery
Answer: B) Accomplice to robbery
Explanation: Kyle became an accomplice when he provided assistance (driving) with knowledge of the criminal purpose, even if he initially thought it was a joke. His continued participation after realizing the crime was real, especially helping her escape, establishes the requisite intent to aid the crime.
Lisa becomes extremely intoxicated and decides to drive home. While speeding and weaving between lanes, she strikes and kills a pedestrian in a crosswalk.
What type of homicide has Lisa most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: D) Involuntary manslaughter
Explanation: This is involuntary manslaughter because Lisa acted with criminal negligence (driving while extremely intoxicated) without intent to kill. However, some jurisdictions might treat extremely reckless DUI deaths as second-degree murder under "depraved heart" theory.
Jennifer hires a hitman to kill her business partner so she can collect insurance money. The hitman successfully carries out the murder three days later.
What type of homicide has Jennifer most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) No criminal liability for murder
Answer: A) First-degree murder
Explanation: This is first-degree murder because Jennifer is guilty as an accomplice to a premeditated murder. Many jurisdictions also specifically classify murder-for-hire or murder during the commission of a felony (insurance fraud) as first-degree murder.
During a robbery, Kevin points his gun at a store clerk demanding money. Though he doesn't intend to shoot, the gun accidentally discharges, killing the clerk.
What type of homicide has Kevin most likely committed?
A) First-degree murder
B) Second-degree murder
C) Voluntary manslaughter
D) Involuntary manslaughter
Answer: A) First-degree murder
Explanation: This is first-degree murder under the felony murder rule. Deaths that occur during the commission of inherently dangerous felonies like robbery are automatically first-degree murder, regardless of intent to kill.
Jake points a gun at a pedestrian and demands his wallet. The pedestrian hands over his wallet containing $150.
What type of theft has Jake most likely committed?
A) Larceny
B) Burglary
C) Robbery
D) Extortion
Answer: C) Robbery
Explanation: This is robbery because Jake took property from the victim's person by force or threat of immediate harm. Robbery is essentially larceny accomplished through force or intimidation.