Homicide
What are the elements of voluntary manslaughter, and what is the majority rule about words as provocation?
Voluntary manslaughter is an intentional killing committed in the heat of passion due to adequate provocation. Under the majority rule, mere words are not enough to constitute adequate provocation.
What is the difference between larceny by trick and false pretenses?
Both involve intentionally making a false representation of material past or existing fact with intent to defraud. The difference is what the victim gives up. Larceny by trick involves obtaining custody only. False pretenses involves obtaining title.
What are the mens rea and actus reus requirements for attempt under the majority/MPC approach?
Attempt requires specific intent to complete the crime and a substantial step that is strongly corroborative of the criminal purpose.
How does mistake of fact apply differently to specific intent, general intent, malice, and strict liability crimes?
For specific intent crimes, a reasonable or unreasonable mistake of fact may be a defense. For general intent and malice crimes, only a reasonable mistake of fact is a defense. For strict liability crimes, mistake of fact is not a defense.
What are the three requirements for a valid warrant?
A valid warrant requires probable cause, particularity, and issuance by a neutral and detached magistrate.
What are the requirements for felony murder?
The defendant must commit or attempt to commit an inherently dangerous felony, someone other than a co-felon must die, and the death must occur during the felony, attempted felony, or flight from the felony. There must also be causation.
What are the elements of accomplice liability, and what is not enough by itself?
An accomplice assists or encourages the principal with the intent that the crime be committed. Mere presence at the scene is not enough.
Which inchoate crimes merge with the completed crime, and which one does not?
Attempt and solicitation merge with the completed crime. Conspiracy does not merge, so a defendant can be convicted of both conspiracy and the completed offense.
What are the elements of duress, and what crime cannot use duress as a defense?
Duress applies when Defendant reasonably feared that if he did not commit the crime, he or another person would suffer imminent death or serious bodily injury. Duress is not a defense to homicide.
What are the ASPACE exceptions to the warrant requirement?
Automobile exception, search incident to arrest, plain view, administrative searches, consent, and emergency circumstances.
Defendant is insulted at a bar, becomes enraged, pulls out a gun, and intentionally shoots the person who insulted him. There was no physical attack. What is the most likely homicide offense?
Second-degree murder. The defendant intentionally killed, but mere words are usually not adequate provocation, so the killing is not reduced to voluntary manslaughter.
Defendant borrows a friend’s laptop after falsely promising to return it tomorrow. At the time, Defendant intends to keep it forever. The friend gives Defendant possession but expects the laptop back. What crime is this?
Larceny by trick because Defendant obtained custody through a false representation, but the friend did not intend to transfer title.
Defendant asks Friend to burn down a warehouse. Friend refuses immediately. Has Defendant committed solicitation?
Yes. Solicitation is complete when Defendant requests, encourages, advises, or commands another person to commit a crime with the specific intent that the crime be committed.
Defendant voluntarily gets drunk and then takes another person’s property, honestly believing it is his own. The charged offense is larceny. Can intoxication help Defendant?
Yes, possibly. Larceny is a specific intent crime requiring intent to permanently deprive. Voluntary intoxication can be a defense to a specific intent crime if it negates the required specific intent.
Police lawfully arrest Defendant on the street for driving with a suspended license. Defendant is handcuffed and secured in the patrol car. Police search the trunk of Defendant’s car incident to arrest and find drugs. Is the trunk search valid as a search incident to arrest?
No. Search incident to arrest permits a search of the arrestee and grabable area. If the arrestee is secured in a vehicle case, police may search the vehicle only if it is reasonable to believe it contains evidence of the crime of arrest. The trunk is not searchable under search incident to arrest.
Defendant robs a store with an accomplice. During the robbery, the store owner shoots and kills the accomplice. Under the agency theory of felony murder, is Defendant liable for felony murder?
No. Under the agency theory, the death must be caused by the felon or the felon’s agent, meaning a co-felon. Because the store owner caused the death, Defendant is not liable under the agency theory.
Defendant lawfully possesses company funds as an employee. Defendant later decides to take the funds for personal use. What crime has Defendant committed?
Embezzlement because Defendant fraudulently converted property of another while already in lawful possession of it.
Defendant agrees with Friend to rob a store. Defendant later changes his mind and tells Friend he is out. Friend commits the robbery anyway. Is withdrawal a defense to conspiracy?
No. Withdrawal is not a defense to the conspiracy itself, but it may cut off liability for later crimes committed by co-conspirators after the withdrawal.
Defendant reasonably believes he must break into a cabin during a blizzard to avoid freezing to death. He breaks in and stays overnight. What defense should he raise?
Necessity. Necessity applies when Defendant reasonably believed criminal conduct was necessary to prevent a greater harm and Defendant was not at fault in creating the situation.
Police interrogate Defendant in custody without Miranda warnings. Defendant confesses and tells police where the weapon is located. What happens to the confession and the physical weapon?
The confession is excluded from the prosecution’s case-in-chief, though it may be used for impeachment. The physical fruit, such as the weapon, may still be admissible.
Defendant burglarizes a home at night. While fleeing, Defendant’s accomplice shoots and kills a neighbor who tried to stop them. What homicide theory applies, and what facts matter most?
Felony murder likely applies because burglary is an inherently dangerous felony, the death occurred during flight from the felony, and the victim was not a co-felon. Under the agency theory, Defendant is liable because the killer was Defendant’s accomplice. Under the proximate cause theory, Defendant is liable because the felony set in motion the acts causing death.
Defendant drives a friend to a bank, knowing the friend plans to rob it. Defendant waits outside as the getaway driver. During the robbery, the friend assaults a guard while escaping. What crimes may Defendant be liable for as an accomplice?
Defendant is liable for the robbery because he intentionally assisted it. He may also be liable for the assault if it was a natural and probable result of the robbery he intended to assist.
Defendant agrees with Friend to commit burglary. Friend later commits arson to cover up the burglary. Can Defendant be liable for the arson under conspiracy principles?
Yes, if the arson was foreseeable and committed in furtherance of the conspiracy. A conspirator is liable for crimes of co-conspirators that are foreseeable and in furtherance of the conspiracy.
Defendant is charged with statutory rape. Defendant reasonably believed the victim was above the age of consent. Can Defendant use mistake of fact as a defense, and why?
No. Statutory rape is a strict liability crime. For strict liability crimes, mistake of fact is not a defense, even if the mistake was reasonable.
Defendant is formally charged with robbery. Police deliberately question him about the robbery without counsel present and without a waiver. Defendant confesses. Which constitutional right is violated, when did it attach, and what is the remedy?
The Sixth Amendment right to counsel is violated. It attached when Defendant was formally charged and applies to critical stages after charging. Because police deliberately elicited an incriminating statement about the charged offense without counsel or waiver, the confession is excluded from the prosecution’s case-in-chief but may be used for impeachment.