General Principals
Tony is asked to deliver a sealed package for a small amount of money. He strongly suspects the package contains illegal drugs, but he deliberately avoids opening it or confirming his suspicion so that he can claim ignorance if caught. Can Tony be charged with knowingly transporting narcotics?
Yes = Tony’s deliberate avoidance of confirmation (willful blindness) can be treated as equivalent to knowledge of the illegal drugs.
Rachel is walking in a crowded store. She trips over a loose rug and falls forward, accidentally shoving Karen to the ground. Karen is injured by the fall. Could Rachel be charged with battery for injuring Karen?
No = Rachel had no intent to make contact with Karen or to cause harm.
Pete hides in a large department store until after closing. Once the store is locked up for the night, Pete emerges and begins putting electronics into a bag, intending to steal them. He is caught by a security guard before he can leave. The state’s modern statute defines burglary as “entering or remaining unlawfully in a building with intent to commit a crime inside,” and it does not require a breaking, that it be a dwelling, or that it occur at night. Under this statute, is Pete guilty of burglary?
Yes = he unlawfully remained in the store after closing with intent to steal, which fits the statute’s definition.
Two people, Alice and Brian, verbally agree to commit a burglary of a warehouse but are arrested the next day before doing anything else. The jurisdiction requires an overt act for a conspiracy conviction (as the MPC generally does for most conspiracies). Can they be convicted of conspiracy?
No = neither of them committed an overt act in furtherance of the agreement.
Tom joins a violent street gang voluntarily. The gang later threatens to torture and kill him if he does not participate in a planned armed robbery. Fearing for his life, Tom helps in the robbery as the getaway driver. He is caught and charged. Will Tom likely succeed with a duress defense?
No = one cannot claim duress if he recklessly or voluntarily placed himself in the situation leading to the coercion.
Aaron aims a gun at Victim A, intending to kill A. He fires but misses A and instead accidentally shoots and kills Victim B, who was standing nearby. Under the doctrine of transferred intent, what is the best crime can Aaron be convicted of in relation to B’s death?
Murder of B = Aaron’s intent to kill A transfers to the killing of B.
Felix planned to rob a convenience store. During the robbery, Felix brandished a gun. A clerk attempted to sound the alarm, and Felix fired a shot, intending only to scare him. The bullet unexpectedly struck and killed the clerk. Under the felony-murder rule at common law, what is the most serious homicide offense for which Felix can be convicted?
What is Murder = a death occurred during the commission of a dangerous felony?
Ted, with malice, sets fire to his neighbor’s wooden house, intending to burn it down. The house ignites and a large portion of it is charred and destroyed by the flames. No one is injured. What crime has Ted committed?
What is Arson?
A woman, intending to kill her rival, performs a voodoo ritual believing it will cause the rival’s death. The rival is unharmed (the ritual has no real effect). Under the Model Penal Code, can she be guilty of attempted murder?
Yes, she is guilty of attempt, although the court may reduce the grade of the offense because her method was inherently unlikely to succeed.
Two hikers are stranded in the desert without water. After days, one hiker, desperate to survive, kills the other while he’s sleeping and drinks his fluids to stay alive. He is later rescued and charged with murder. Can the hiker successfully claim the defense of necessity (choosing the lesser of two evils)?
No, because necessity is not a defense to homicide in a situation where the defendant intentionally killed an innocent person.
Olivia encounters a stranger who has collapsed on a remote hiking trail. She begins administering CPR and first aid. After ten minutes, she stops the rescue attempt and leaves, though the stranger remains unconscious and no other help has arrived. The stranger subsequently dies. Under what circumstances could Olivia face criminal liability for abandoning her rescue attempt?
Criminal liability is possible if her voluntary undertaking of the rescue created a duty to continue with reasonable care, and her abandonment constituted gross negligence that worsened the victim's position or prevented others from helping.
During an argument at a bar, Paul exchanged harsh insults with William. William responded by suddenly pulling out a knife and stabbing Paul to death. Paul’s insults, while offensive, did not include any threats or physical contact. If William claims he was provoked by Paul’s words, what is the appropriate criminal homicide charge under common law?
What is Murder = mere words are insufficient provocation to reduce a killing to manslaughter?
Paul approaches a woman walking on a sidewalk and suddenly grabs her purse, which is hanging from her shoulder by a strap. The woman immediately feels the tug and instinctively holds onto the purse. Paul yanks forcefully, breaking the strap and causing the woman to fall to the ground. He then runs away with the purse. The prosecutor is considering what charge to file against Paul. Which crime did Paul most likely commit?
What is Robbery?
Frank writes a letter to George offering him $1,000 to vandalize a rival’s car. Frank changes his mind and never sends the letter, so George never learns of the offer. Under common law, can Frank be guilty of any inchoate crime for this?
No = the solicitation was never communicated to George, and there’s no crime of “attempted solicitation” in these circumstances.
A group of environmental activists learn that a chemical factory plans to begin dumping toxic waste into a nearby river the following morning. Unable to reach government officials on a Sunday evening, they break into the factory at 2 a.m. and destroy the pumping equipment that would release the waste. The activists document extensive evidence of the planned illegal dumping, including internal company memos acknowledging the waste violates environmental regulations. They are charged with burglary and destruction of property. At trial, they seek to assert the necessity defense, arguing their actions were essential to prevent an environmental catastrophe that would have poisoned the water supply for three counties. Will the necessity defense likely succeed?
No = the threatened harm was not sufficiently imminent and legal alternatives remained available.
A defendant purchases what he believes to be heroin from an undercover officer. Laboratory analysis reveals the substance is actually powdered sugar. The defendant is charged with attempted possession of heroin. At trial, the defendant moves to dismiss, arguing that since the substance was not actually heroin, he cannot be convicted of the attempt charge. What is the most likely outcome of the defendant's motion?
The motion will be denied = factual impossibility is not a defense to attempt crimes.
During a confrontation at a bar, Irene observed Jason reach toward his waistband while shouting threats at her. Based on Jason's aggressive demeanor and movement, Irene genuinely believed Jason was reaching for a weapon and was about to kill her. She immediately drew a knife and fatally stabbed Jason. Investigation revealed Jason was unarmed and was merely adjusting his belt. Under common law principles, what is the most appropriate charge for Irene's act?
What is Voluntary Manslaughter = her honest but unreasonable belief in the need for deadly force mitigates what would otherwise be murder?
Gina wants to get her hands on Paul’s expensive gold watch. She convinces Paul to lend her the watch for a day by falsely claiming she needs it as an accessory for a job interview and will return it tomorrow. In fact, Gina immediately pawns the watch for cash and does not intend to return it. What crime has Gina committed?
What is Larceny by Trick?
A 21-year-old man, believing a person to be 15, attempts to have sexual intercourse with her. In reality, the "girl" was an undercover police officer aged 20. In a common law jurisdiction, can the man be convicted of attempted statutory rape?
Yes = factual impossibility is not a defense to attempt.
A hitman for a criminal organization tells David, “If you don’t shoot and kill that witness, I will kill you and your family tonight.” Out of fear for his life and his family, David carries out the ordered killing. He is later arrested and charged with first-degree murder. Can David successfully assert duress as a defense to the murder charge?
No = duress is not a defense to an intentional killing of an innocent person.
A state law makes it a felony to “ship hazardous waste without a proper permit,” but the statute does not specify any required mental state. Don runs a shipping company and unknowingly shipped barrels of toxic waste for a client without the required permit, not realizing the contents were hazardous. Could Don be convicted under this felony statute?
No = strict liability felonies are generally disfavored unless clearly intended by the legislature.
Tony attacked his coworker Victor with a wooden bat, intending to inflict serious injuries but not to kill him. Victor died from the injuries sustained in the beating. Prosecutors are considering charging Tony with felony murder based on the theory that Victor was killed during the commission of felony assault. What is the most appropriate homicide charge?
What is Murder = based on intent to inflict serious bodily harm, but not felony murder due to the merger doctrine?
Ray genuinely believes that Tom has Ray's stolen watch. Ray sees Tom wearing an identical watch and honestly thinks it is the very watch that was stolen from him last week. Ray confronts Tom in a parking lot, forcefully grabs Tom's arm, and wrestles the watch from Tom's wrist while shouting that it belongs to him. In fact, the watch actually belonged to Tom, who had purchased it new from a jewelry store. Ray is charged with robbery. The jurisdiction follows the majority rule regarding claim of right defenses. Can Ray be convicted of robbery?
No = Ray's honest belief that the watch was his own property negates the specific intent required for robbery.
Common Law v. MPC: Andy and an undercover police officer (who has no intention to actually commit a crime) "agree" to steal a car. Andy is later charged with conspiracy to commit theft. What would the likely outcome for both CL and MPC be?
Andy cannot be convicted of conspiracy under the CL because the undercover agent never truly agreed, but he can be convicted under the MPC’s unilateral conspiracy rule.
Marcus is a pharmacist who receives a threatening phone call on Monday morning from a local gang member. The caller tells Marcus that unless he steals prescription opioids from the pharmacy and delivers them by Friday afternoon, the gang will kill Marcus's elderly mother who lives alone across town. The caller warns Marcus not to contact police or his mother will die immediately. Terrified and believing the threat is real, Marcus steals pills over the next three days and delivers them Thursday evening. When arrested and charged with theft of controlled substances, Marcus raises a duress defense. Will Marcus's duress defense succeed?
No = the threatened harm was not imminent since Marcus had several days before the deadline, giving him time to seek police protection or other lawful alternatives.