Crim Law Terms & Definitions - Barbri Q&A Study Aid

Acting pursuant to a valid search warrant, the police entered and searched the defendant's garage and discovered a cardboard box containing cocaine in the rafters storage area. The box was securely taped and bore a freight label addressed to the defendant's friend. At his trial for violation of the jurisdiction's statute making it a felony to knowingly possess cocaine, the defendant testified that his friend had brought him the package a week before it was seized by the police, telling him that he needed to store it in the defendant's garage. The defendant also testified that he had not asked the friend what it contained.

What additional facts must the prosecution prove to establish the defendant's liability for the charged felony?

That he knew or believed that the box contained cocaine.

A liquor store clerk was working the counter when a young girl came up with a bottle of wine to purchase. The clerk thought that she looked too young to buy wine, so he asked her for her driver's license. The young girl reached into her purse as if to get her license. As the clerk reached under the counter to get a bag, the girl grabbed the bottle of wine, threw $10 on the counter, and ran out. In this state, it is a misdemeanor to sell wine or liquor to a person under the age of 21.

If the clerk is prosecuted for violation of this statute, what is his best defense?

He did not sell her the wine.

A 17-year-old high school student decided it would be great fun to scare his teacher by playing some sort of prank on her. He told his 16-year-old friend about his desire, and the friend, knowing the student's propensity for doing such stunts, encouraged him to go through with his plan, giving him a toy rubber snake to put in the teacher's desk drawer. After opening her desk drawer and having the rubber snake pop out, the teacher jumped back and fell, injuring her hip.

A state statute provides that "anyone who recklessly causes bodily injury to the person of another is guilty of battery in the third degree."

What is the best theory for charging the friend with a battery in the third degree?

The friend is a principal and committed acts of recklessness of his own that constituted the crime.

The laws of the state provide that "any person who engages in sexual intercourse with a person under the age of 16 shall have committed the crime of statutory rape."

A waitress propositioned the defendant to have a sexual encounter at a nearby hotel. When they got up to the room, she told the defendant that she would be 16 the next week. In fact, the waitress, who had been adopted, was mistaken about her actual birth date; she had actually turned 16 the week before. The waitress and the defendant engage in sexual intercourse, and the defendant is subsequently charged with statutory rape.

Will the defendant likely be found guilty?

No, because the waitress was older than 16

A statute provides "any person who knowingly sells intoxicating liquor to a person under 21 years of age is guilty of a misdemeanor and may be fined $1,000 or sentenced to up to six months in jail, or both." A patron ordered a drink at a bar. The bartender asked for some identification, and the patron produced a driver's license stating that he was 25 years old. In fact, the patron was only 18 years old, but he had some gray hair and was balding. A plainclothes police officer sitting at the bar witnessed the bartender selling a drink to the patron. The officer knew that the patron was under 21 years old, and demanded to see the patron's driver's license. The officer determined it to be false and arrested the bartender for violation of the statute.

Will the bartender likely be found guilty?

No, because the bartender made a reasonable mistake concerning the age of the patron.

A 15-year-old girl who worked as a prostitute in a city approached a man and offered her services. The man agreed, and the two engaged in sexual intercourse in the back seat of the man's car. These events were noticed by an undercover police officer, who arrested the girl and the man. The man admitted to having sex with the girl, and he was charged with statutory rape. The girl was charged with being an accomplice to statutory rape.

At the girl's trial, what is her best defense?

Responses

The statutory rape law is designed to protect minors and therefore the girl cannot be convicted as an accomplice.

A state statute reads in pertinent part: "Any licensed medical doctor who willfully neglects to assist anyone with a life-threatening injury shall be guilty of a crime, subject to punishment of up to two years' imprisonment in the state penitentiary or a fine of $15,000, or both."

A licensed physician, while jogging in a park, heard the sounds of a man moaning in the bushes next to the jogging path. The physician stopped to investigate and found the man bleeding in the bushes. The physician asked the man if he needed help, and the man responded that he would be fine. Not having seen any indications of a serious condition, the physician returned to her morning jog. The man subsequently bled to death an hour later. The coroner's report made clear that the man could have been saved if he had received prompt medical attention, even if only of a "first aid" variety until an ambulance arrived.

The physician was

No, because the physician believed that the man's condition was not life-threatening.

A patient who was mentally incompetent and a ward of the state received extensive rehabilitation for leg and back injuries she suffered in a fall at a state institution. After her rehabilitation was nearly completed, she became entitled to state payments as compensation for her injury, which her treatment center began applying to her outstanding rehabilitation bill. Thereafter, the legal guardian for the patient sought to remove her from the center despite the fact that the patient had never shown any desire to leave. The director of the center was aware that her departure would prevent the center from directly applying the state payments to her bill. The director was erroneously advised by his attorney that judicial decisions would support his refusal of the guardian's request until the bill was paid. When the guardian arrived at the center, the director refused to allow the guardian to remove the patient. A crimi

No, because the director's belief in the lawfulness of his conduct precluded him from having the mental state required for the offense.

A woman's boyfriend came to her apartment with a mink coat in his arms and handed it to the woman. After the boyfriend told her that the coat was now hers, the woman asked him where he got the coat. The boyfriend answered, "From the Easter Bunny." After the boyfriend left, she tried on the coat and admired how good it looked on her in the mirror. The next day, the woman read in the newspaper that the home of a well-known socialite had been burglarized the night before. Among the missing items, according to the paper, was a mink coat. The woman took the coat from the closet and rifled through the pockets. She found a handkerchief with the monogram matching the initials of the well-known socialite. The woman decided to keep the fur coat, thinking to herself that the socialite could probably afford to buy another coat.

Which of the following best describes the crime or crimes, if any, the woman has committed?

The woman has not committed any crime.

The woman has not committed any crime.

A former employee and his friend agreed to rob a grocery store. They entered the store just before closing. The former employee held a gun on the store manager and made him empty out the safe, and the friend directed a clerk who was the only other person in the store to a storeroom in the back. Before tying her up, however, the friend raped her at gunpoint. The friend returned to the front of the store, where the former employee had just finished putting the store's money in a large sack. To prevent the store manager from pursuing the pair or from quickly notifying the police, the friend shot the store manager in both knees. Neither the rape nor the shooting were part of the plan between the former employee and the friend.

In a common law jurisdiction, of which of the following crimes is the former employee guilty?

Robbery and aggravated battery only.

In an effort to curb underage drinking, the police staked out a liquor store near a college campus that was suspected of selling liquor to minors in violation of state law. They recorded a liquor store clerk being told by a minor that he was an underage student at the local university and that he would pay triple the marked price for a case of beer. The clerk readily agreed to the deal and took the money, but both parties were arrested before they could complete the transaction.

In a jurisdiction following the unilateral approach to conspiracy, which of the following statements is correct?

The minor cannot be convicted of either solicitation or conspiracy, but the liquor store clerk can be convicted of conspiracy to violate the statute.

A statute in the jurisdiction, which was enacted with the express purpose of preventing public employees from taking advantage of the status of undocumented immigrants, made it a felony to accept money or other benefits in exchange for issuing a state identification card. During an undercover investigation, an undocumented immigrant was recorded offering $500 to a clerk in exchange for issuance of a card. The clerk agreed to the deal and later that day exchanged the card for the money, after which both parties were arrested.

In a jurisdiction following the common law approach to conspiracy, which of the following statements is correct?

The clerk can be convicted only of violating the statute, and the undocumented immigrant can be convicted of no crime.

The defendant is charged with the burglary of a home. Evidence presented at the defendant's trial indicates that he talked another person into assisting him. The jury is instructed on burglary, solicitation, conspiracy, and attempt.

If the defendant is found by the jury to be guilty of burglary, which of the following is true?

He also may be found guilty of conspiracy, but not of solicitation or attempt.

The police set up a sting operation targeting a resale shop that had a reputation for selling stolen goods. An undercover police officer approached the owner of the shop posing as a truck driver who was down on his luck and looking for a way to earn some extra money. The shop owner suggested that on his next load the officer should take a box of goods from the back of his truck, bring them to the shop owner to sell in exchange for cash, and then report the box lost to the trucking company. The next day the officer gave the shop owner an empty box in exchange for money. Immediately after the exchange, the shop owner was arrested.

Which of the following crimes did the owner commit?

Attempted receipt of stolen property.

A father was angry at his son's coach because the coach would never let the son into a game. In order to exact revenge, the father decided to plant an incendiary device on the coach's front porch. The father believed the device would start a fire that would destroy the coach's home and perhaps injure him as well. However, the father made a mistake while assembling the incendiary device, and it was impossible for the device to do any harm. When the device went off, it did nothing more than produce a foul odor.

If the father is charged with attempted murder and attempted arson in a common law jurisdiction, which of the following decisions is most likely to be reached by the court?

Responses

The father is not guilty of attempted murder, but he is guilty of attempted arson.

Two people agreed to steal a valuable painting that they knew was hanging in the victim's home. One would wait in the car with the engine running to ensure a quick getaway, while the other would break into the victim's home and steal the painting. The burglar broke into the home and reached the victim's library, where the painting was hanging. On the desk he noticed a large vial that appeared to contain cocaine. Thinking he could sell the cocaine and split the proceeds with the getaway driver, the burglar grabbed the vial and stuffed it in his pocket. He then took the painting off the wall and hurried back to the waiting car. The police arrived at that moment and apprehended the pair. A search incident to arrest turned up the vial of cocaine in the burglar's possession.

The getaway driver is charged with being an accomplice to the unlawful possession of cocaine with intent to distribute. Will the driver likely be fou

No, because the conspiracy did not involve the possession or sale of cocaine.

The jurisdiction divides murder into degrees, with all murders being second degree murder unless the prosecution can prove premeditation and deliberation, in which case the killing would be first degree murder. The jurisdiction also uses the M'Naghten rule for insanity.

A physician prescribed an experimental drug for the defendant's severe allergies. The physician told the defendant that the medication was experimental, but failed to inform the defendant that the manufacturer had reported a small risk that the medicine caused severe delusions. After taking the medicine the first day, the defendant began to believe that his next door neighbor was spreading false rumors about him to a few of his other neighbors. While still under the influence of the medication, the defendant grabbed a knife from the kitchen, went to his neighbor's house, and rang the doorbell. When the neighbor answered the door, the defendant plunged

Yes, because the defendant murdered his neighbor without justification and with premeditation.

A state statute contains the following provisions:

"Murder in the first degree is the killing of a human being without justification and with premeditation. Murder in the second degree is any murder which is neither a murder in the first degree nor a murder in the third degree. Murder in the third degree is any killing that occurs during and as a result of the commission of a felony."

The jurisdiction also provides that robbery is a felony for purposes of the felony murder rule.

A robber held up a convenience store with a knife. After the store clerk handed over all the money in the register, she retrieved a pistol from a drawer behind the counter. When the robber turned to leave, the store clerk pointed the gun at the robber and shouted, "Stop or I'll shoot!" The robber ducked behind the end of an aisle, and the store clerk shot three times in the robber's direction. One of the bullets bounced off a pillar a

No homicide crime.

At a waterfront bar, a college student sought to provoke a fight with a merchant seaman by making insulting remarks. Eventually the seaman had had enough and threw a punch that connected to the student's jaw and sent him sprawling to the floor. The seaman then told the student that he wanted no further trouble. Getting up off the floor, the student pulled a knife out of his pocket and charged at the seaman. Three other students were standing between the seaman and the exit door. The seaman tried to dodge, but was cut on the forearm by the student's knife. The seaman immediately drew a gun and shot the student, killing him. The seaman was charged with murder.

Which of the following points raised in the seaman's defense will not be helpful for his defense?

The student's comments were motivated by a desire to provoke the seaman.

A state statute defines all murders as second degree murders unless deliberation and premeditation can be shown, in which case the crime is elevated to first degree murder. Manslaughter is defined as at common law.

The defendant, just having been served with divorce papers, decided to drown his sorrows at the local pub. After drinking heavily and becoming very intoxicated, the defendant became enraged when another patron spilled a drink on him. He took a nearby ashtray and smashed it over the patron's head, killing him instantly.

The crimes below are listed in descending order of seriousness.

What is the most serious crime of which the defendant could be convicted?

Murder in the second degree.

A high school teacher shot and killed one of the students in his class on the spur of the moment. Psychiatric examinations indicated that the teacher believed that the student was trying to ridicule him in front of other students in the class and that he had to do something to stop him. The examinations also indicated that the teacher did not comprehend that killing was condemned by society when he shot his student.

If the teacher pleads not guilty by reason of insanity in a jurisdiction that applies the "M'Naghten test," what would be his best argument?

He did not know that the act of shooting the student was wrong.

While at a party, the defendant ran into an acquaintance. The acquaintance proceeded to ridicule the defendant about his looks. After an hour of verbal abuse by the acquaintance, the defendant suddenly took a champagne bottle that was on a nearby table and struck the acquaintance over the head, killing him instantly. At his arrest, the defendant told the police that voices inside his head told him to shut the acquaintance up, permanently.

The defendant was tried in a jurisdiction that follows the Model Penal Code test for insanity. At trial, the defendant's lawyer introduced psychiatric testimony indicating that the defendant suffered from a mental illness.

Which of the following, if proved by the defense, would most likely relieve the defendant of criminal responsibility?

The defendant could not appreciate the criminality of killing the acquaintance, or he could not conform his conduct to the requirements of the law.

On the last play of a playoff football game, a game-winning touchdown was nullified by a questionable penalty called by the referee. To register her displeasure but without intending to hit anyone, a fan sitting in the stands threw a bottle onto the field that just missed the head of the referee, who was looking in the other direction and did not see the bottle being thrown. The fan was charged with assault.

Should the fan be convicted?

No, because the referee did not see the bottle, nor did the fan intend to hit anyone.

After drinking at his favorite bar all day long and becoming very intoxicated, the defendant pulled out a gun to reenact a scene from a movie he had seen the other day. Pointing his gun at a bystander, he slurred a line from the movie and pulled the trigger. He was shocked to see the bystander fall down dead with a bullet in him. Due to his intoxicated state, the defendant cannot remember pulling out or firing the gun.

A state statute defines all murders as second degree murders unless deliberation and premeditation can be shown, in which case the crime is elevated to first degree murder.

The crimes below are listed in descending order of seriousness.

What is the most serious crime of which the defendant may be convicted?

Second degree murder.

A stagehand decided to play a practical joke on an actor. The stagehand went to the storage room where stage props were stored and took what he believed to be a stage gun from the locker where such guns were kept. In fact, a week before, an actress had put her real pistol in the stage gun locker and borrowed the stage gun for an amateur theatrical her church group was putting on.

The actress had forgotten to remove the bullets that her husband always kept in the gun. The stagehand went into the actor's dressing room and yelled, "You've stolen the part that I always wanted to play, now die for it!" The actor knew that the stagehand liked to play practical jokes, and, after an initial frightened reaction, the actor broke out laughing. The stagehand laughed too, shouted, "Bang, you're dead!" and pulled the trigger. A bullet hit the actor in the heart, killing him.

Which of the following best describes the

He has committed no crime.

While out walking one evening, a pedestrian was stopped at gunpoint by a robber who demanded all of her money. The pedestrian hesitated in going for her wallet, and so the robber hit her over the head. In doing so, the robber accidentally dropped the gun, panicked, and started to run. The pedestrian was stunned for a second by the blow to the head, but she recovered quickly, grabbed the gun from the ground, and shot at the fleeing robber. The bullet missed the robber, but hit a bystander, killing him instantly. The pedestrian was arrested and charged with murder.

If her attorney asserts at trial that the pedestrian should be charged with voluntary manslaughter rather than murder, would this assertion be correct?

Responses

Yes, because there was adequate provocation for the pedestrian's actions.

A woman was late for an appointment with her doctor across town. Because of this, she was driving recklessly through traffic at a high speed and ran through a red light. There were a number of people crossing the street at the time, and the woman accidentally hit one of them. The person she hit was seriously injured and was rushed to the hospital, but recovered. The woman was arrested and charged with attempted murder.

Will the woman likely be convicted?

Responses

No, because she did not intend to hit anyone with her car.

A state statute defines all murders as second degree murders unless deliberation and premeditation can be shown, in which case the crime is elevated to first degree murder. Manslaughter is defined as at common law.

The defendant wanted to steal some papers from a business associate's office, and so he arranged to have a meeting with her at her office. When the associate left the room, the defendant put a knockout drug in her coffee. After she passed out from drinking the coffee, the defendant rummaged through her files, finding and stealing the papers that he wanted. Unfortunately, the defendant miscalculated the dosage, and the business associate died.

The crimes below are listed in descending order of seriousness.

What is the most serious offense of which the defendant can be convicted?

Murder in the second degree

A worker was in the habit of carrying a lot of cash with him after payday. His good friend was worried that someday the worker might get robbed. To teach him to be more careful, and intending only to frighten him, the friend purchased a realistic-looking toy gun and a face mask and hid in the bushes one night after payday, waiting for the worker to come home. As the worker passed by, the friend jumped out of the bushes, pointed the toy gun at him, and took all of his money. The worker was badly frightened by the incident. Shortly thereafter, the friend returned the money to the worker and explained why he had staged the holdup.

The crimes below are listed in descending order of seriousness.

Which of the following is the most serious crime for which the friend can be convicted?

Assault.

A worker on scaffolding several stories high on a building took a loose brick from the building's façade and threw it off the scaffolding without looking, striking a pedestrian on the sidewalk in the head and killing her instantly.

The homicide statute in this jurisdiction reads as follows: "Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. It is implied when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart."

The manslaughter statute in the jurisdiction reads as follows: "Manslaughter is the unlawful killing of a human being without malice. It is of two kinds: 1. Voluntary-upon a sudden quarrel or heat of passion. 2. Involuntary-in the commission of an unlawful act, n

Murder and involuntary manslaughter.

Two teenagers who had recently gotten their driver's licenses agreed to a game of "chicken," with the one who turned his car away first having to pay the other $25. The two cars raced toward each other, and when they were about 40 feet apart, the victim suddenly turned his car to the right, but the defendant was going too fast to avoid the victim's car. He crashed into the side of the victim's car, killing the victim instantly.

The homicide statute in this jurisdiction reads in part as follows: "Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. It is implied when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart. All murder that is perpetrated by willful, de

The defendant is guilty of murder, but not first degree murder.

A student and a few of his friends were making their way to spring break. Along the way, the old van that they were driving broke down. Not wanting to miss any part of spring break festivities, the student asked the mechanic on duty at the repair shop for a rush job. The mechanic provided the student with a repair estimate, and the student, on the basis of the estimate, authorized the repair and promised to pay when he came back to pick up the van. When the mechanic called the student to tell him that the van was repaired, the student, rather than paying for the repair, told one of his friends that the mechanic had agreed to finance the repair charges and that the only thing left to do was pick up the van in the garage's parking lot. The student handed the friend a key to the van and told him to go pick the van up so that they could continue their trip to spring break. The friend did so.

The mechanic makes a criminal

Yes, because the friend took the van from the mechanic without the mechanic's knowledge or permission.

The defendant approached a clerk at a local gas station/mini-mart and offered to exchange a pair of sunglasses for some gas. The clerk refused, saying he could only accept cash. The defendant then pulled a knife out of his pocket and told the clerk he wanted a fill up. The clerk, who was quite a bit older than the defendant, gave him some "fatherly advice" that crime does not pay. In response to the advice, the defendant put the knife away. Feeling sorry for the defendant, the clerk then agreed to give him some gas for the sunglasses. The defendant got the gas and then left. The clerk then discovered that the defendant had taken the sunglasses from a display case in the store and clipped the tag off before offering them to the clerk. The defendant was apprehended shortly thereafter.

Which of the following statements is correct regarding the defendant's conduct?

The defendant can be convicted of false pretenses and attempted robbery.

The defendant's neighbor owned an authentic major league baseball signed by Babe Ruth. The defendant asked if he could show it to some friends who were visiting. The neighbor agreed as long as he kept it in the display case, which the defendant promised to do. In fact, the defendant intended to use the ball in a pickup game. During the game, the ball was hit over the fence and into a yard with a guard dog, which had chewed up several other balls that had previously landed in the yard. The dog did the same to that ball. When the neighbor learned what happened to the ball, he pressed charges against the defendant.

If the defendant is convicted, he will most likely be found guilty of what crime?

Larceny by trick.

The victim and another player regularly played backgammon together. The other player was entered in an upcoming backgammon tournament and asked the victim if she could borrow his attractive custom-made backgammon set. He agreed, provided in return that he could hold her backgammon computer until the backgammon set was returned. After having success at the tournament with the victim's set, the other player decided to travel to the national championship tournament, but she needed her backgammon computer to hone her game. Not wanting to go to the nationals with her own cheap set, she told the defendant, another weekly club player, that her backgammon computer had been borrowed by the victim, and asked him to get it from the victim's car at the next meeting of the club. At the backgammon club meeting, the defendant, who was not aware of the arrangement between the victim and the other player, removed the computer from th

No, because the defendant thought that the other player was entitled to the computer when he took it from the victim.

No, because the defendant thought that the other player was entitled to the computer when he took it from the victim. - not selected, this is the correct answer

The defendant, in need of money, agreed to give the victim possession of some personal property in exchange for a loan. However, it soon became apparent that the defendant would not be able to repay the loan. Not wanting to lose her property, the defendant asked a friend to go to the victim's home to retrieve the property. The friend, knowing that the property belonged to the defendant, but not knowing of its use as collateral, did so.

The defendant is prosecuted for larceny. Will the defendant likely be found guilty?

Responses

Yes, because the friend took the property from the victim without the victim's permission.

The defendant, who worked as a gardener for the victim, decided to break into the victim's home to steal some valuables one evening when he knew the victim would not be at home. The defendant, taking a key that the victim hid under a rock for emergencies, unlocked the front door and stepped into the doorway. At that moment, however, a security alarm sounded. On hearing the alarm, the defendant immediately left the premises.

The crimes below are listed in descending order of seriousness.

What is the most serious crime for which the defendant may be convicted?

Burglary.

The defendant planned to break into a home, steal any valuables that he could easily pawn, and then burn down the home using gasoline from his lawnmower. When the defendant got to the home that night, he realized that he had forgotten the gas at home. Nonetheless, the defendant broke into the home through a basement window. Unbeknownst to him, the police were alerted by a silent alarm and arrested the defendant just as he was leaving the home with a sack filled with valuables.

At common law, what crimes has the defendant committed?

Burglary and larceny.

A person about to travel to the United States was approached by a local who asked him to take a package into the United States, and the local would pay the traveler a substantial sum of money. The traveler asked what was in the package; the local said it would be better if the traveler did not know. The traveler asked no further questions. As he entered the United States, the traveler was instructed by the customs agent to open his suitcase. When he did, the customs agent found heroin wrapped in a package covered with transparent paper. The traveler is charged with knowingly importing illegal narcotics.

Is the traveler guilty?

Yes, because he knew that the package contained some sort of illegal contraband.

A husband's and wife's Social Security retirement benefits came in a single check payable to both each month, two-thirds of which was the husband's retirement payment and one-third of which was the wife's spousal benefit. Each month when the check arrived in the mail, the wife would take it to their bank and cash it, receiving the entire proceeds in cash, which she would use for her and her husband's living expenses. After the husband died, the Social Security check continued to come in the same amount and made payable to both the husband and wife. The wife knew that she was no longer entitled to her husband's benefit, but that her own spousal benefit would increase greatly as a widow's benefit. She also knew that she would receive a one-time "death benefit." She concluded that the continued receipt of the combined check reflected these increases, so for several months after her husband's death sh

No, because she believed that she was entitled to the total amount of the combined check.

Even though the gambling laws of the state prohibit gambling on professional sports games, the defendant placed a bet with a bookie on the outcome of a football game. There was a disputed call near the end of the game that resulted in the defendant losing the bet. However, later films showed that in fact the call should have been for the defendant's team, which would have changed the outcome. The bookie refused to pay the bet to the defendant. Later that night, the defendant broke into the bookie's home and took the amount he would have won.

What is the defendant's best defense to a charge of common law burglary?

He lacked the specific intent necessary for burglary because he believed that the bookie owed him the money.

A husband was very jealous of any contact his wife had with other men, and was particularly suspicious of his wife's relationship with their neighbor, a plumber. Early one morning, the shower in the couple's master bathroom sprang a leak while the wife was getting ready for the day. Fearing permanent damage to their house, and needing to get the repair done quickly, the wife quickly threw on some clothes and called the neighbor. The neighbor immediately went over to the couple's home, and went to the master bathroom. At the same time, the husband unexpectedly came home because he had forgotten something for work. The husband went to the master bedroom and saw the neighbor and his wife with her hair wet and clothes hastily put on. Enraged, he ran to his study, grabbed his gun from the desk drawer, and shot and killed the neighbor.

The jurisdiction defines murder in the first degree to include premeditated and de

Second degree murder.

A college student was the sole lifetime beneficiary under a large trust administered by a banker. The student received a large monthly distribution from the trust, and whenever he ran short, he simply called the banker for extra funds, because the trust provided that the student was to receive whatever he needed from income or principal. The student's roommate found out about the trust arrangement and decided to see if he could make it pay off for him. The roommate sent an email to the banker, which appeared to be from the student, and which asked for several thousand dollars to cover medical expenses. The email further stated that, since he was in the hospital, the student would send his roommate to pick up the cash. The next day, the roommate showed up at the banker's office and obtained the money on the promise that he would take it to the student. The roommate absconded with the funds.

When the roommate obtained

Larceny by trick.

An employee worked as a third-shift supervisor at a manufacturing plant. One of his duties was to ensure that all timekeeping records accurately reflected the time his crew actually worked. Workers, including the employee, were then paid for whatever hours the timecards reflected. The employee was also required to assist in submitting budgets for payroll. Needing to leave work early for a second job that he obtained, the employee had one of his trusted co-workers punch his card out at the regular time every day of the week. At the end of the week, he signed the timecard with those hours included, and was paid accordingly. He continued to do this for several weeks before being discovered.

What crime has the employee committed?

False pretenses.

A student approached a reputed drug dealer at a pool hall to purchase marijuana, although he knew that it was a crime to possess or smoke marijuana. The student bought a "marijuana cigarette," which was in fact only an ordinary tobacco cigarette, from the drug dealer. As the student left the pool hall, he lit the cigarette, whereupon he was immediately apprehended by a detective who was keeping all of the dealer's visitors under surveillance. After the student was advised of his rights and admitted purchasing the "marijuana cigarette" from the dealer, the police determined that there was no marijuana in the cigarette.

If the student is charged with attempt to smoke a marijuana cigarette, how should the court rule?

He is guilty, because had the attendant circumstances been as he believed them to be, he would have committed a criminal offense

An art restorer, after attending art school for a number of years, secured a job restoring the paintings for an art museum. After several years on the job, the artist discovered that he could imitate the artwork of nearly any artist. He decided that he could make some extra money copying the artwork of up-and-coming artists, while staying away from more well-known artists to reduce his chance of getting caught.

An art collector searching for a painting by a new artist saw the restorer at an art fair selling various paintings, one of which appeared to be by the new artist. The restorer was selling the painting for $100. The collector thought that the price was very low and that the painting should probably sell for around $500, but she bought the painting anyway, giving the restorer $100 after the restorer confirmed that the painting was an original from the new artist. After taking it to an art appraiser for insuranc

False pretenses.

A neighbor of a teenager purchased an expensive sports car and parked it in his attached garage. To get into the garage, the teenager manufactured a radio device that could be programmed to activate any automatic garage door opener, and the teenager used the device to open the neighbor's garage one night. The teenager hotwired the car and drove it away, intending to cruise by a few of his friends' favorite hangouts and then return it to its owner with no one the wiser. After driving the car around the town for a while, the teenager decided to take his friends for a ride to the nearby seacoast. When the party arrived at the bluffs above the beach, the teenager impulsively decided to push the car over the cliff. The jurisdiction's penal statutes have codified the common law without alteration of any kind.

Of what is the teenager guilty?

Larceny.

A locksmith knew that his friend had been having marital troubles. The friend had told the locksmith that he suspected his wife was having an affair with his rival. One afternoon, the friend, visibly upset, asked to borrow some of the locksmith's tools, telling him that he knew that his rival was going to meet up with his wife later that day. The locksmith gave his friend the tools, advising him not to do anything that he would regret later. The friend stated that it would be others who would have regrets. The friend went to his rival's apartment and picked the door lock with the locksmith's tools. He found his wife and rival in bed together. The friend stabbed his rival, seriously wounding him. A few minutes later the locksmith called the apartment to try to warn the rival that his friend might come over. After the friend was arrested, he agreed to plead guilty to aggravated battery and attempted voluntary man

No, because he did not have the requisite intent to be liable as an accomplice.

A robber approached a newsstand, with her knife drawn, in an attempt to rob the attendant. The attendant gave the robber the small sum of money in his possession. As the robber turned away, the attendant grabbed a gun and fired several times. He intended only to wound the robber but instead killed her.

If the attendant cannot be prosecuted for manslaughter, what is the likely reason?

He was apprehending a fleeing wrongdoer.

Two robbers planned to rob a local convenience store, with one using a gun to force the clerk to turn over all of the money in the cash register while the other stood lookout near the door. The robbery did not go as planned. Instead of turning over any cash, the store clerk tried to disarm the gunman. During their struggle for the gun, the lookout decided that her best course of action was to grab what she could and flee the scene. The lookout took a newspaper and a bag of potato chips and ran out of the store. On her way out, she heard a gunshot. Later that day, she learned from news accounts that the gun accidentally discharged, killing the gunman. After an investigation, the lookout was arrested.

If the lookout is charged with felony murder, what would be her most promising defense?

The only person killed was the gunman.

The defendant and his friend entered a convenience store wearing ski masks and demanded all the money in the register, claiming they had a gun. The clerk promptly complied with that demand. The pair grabbed the money and ran out the door. A police officer saw them running through the parking lot, still wearing their masks, and surmised that a robbery had taken place. Without any warning, the police officer drew out his gun and fired two shots, one of which shattered the defendant's kneecap and sent him tumbling to the ground. The other bullet struck the friend in the head, killing him instantly. The defendant is placed on trial for the friend's death on a felony murder theory.

Which of the following is the best argument for the defendant to make in order to gain an acquittal?

The friend was a co-felon.

An officer on routine patrol noticed a flashlight moving within a darkened house and stopped to investigate. The suspect, who had broken into the home to steal valuables, caught sight of the patrol car, dropped the bag of valuables as he was about to carry them out of the house, and tried to sneak out the back way. The officer saw him sneaking out and seized him. The suspect, who had a lock-picking device in his possession, pulled out two $100 bills from his wallet, stating that he did not take anything and would like to forget the whole thing. The officer took the money, stating that she would give him a break this time around, and let the suspect go.

How may the officer be charged in this situation?

Responses

As an accessory after the fact to burglary only.

A state statute provided for criminal penalties for "knowingly selling alcoholic beverages in violation of the regulations of the State Liquor Commission to any person under the age of 18." One of the State Liquor Commission regulations provided that "before an alcoholic beverage is sold to any person between the ages of 17 and 24, the seller must demand some form of photo identification to determine the buyer's age."

A minor who looked much older than his age of 17 walked into a tavern located in the state and asked the bartender for a beer. The bartender never asked the minor for any form of identification, as he thought that he was at least 25 years old. Had the bartender asked for identification, the minor would have shown him a fake identification card showing that he was 21 years old. The bartender served the beer to the minor, who consumed it on the premises. The bartender was subsequently charged under the st

No, because he reasonably believed that the minor was older than 25 years.

The defendant entered a bank, planning to rob it. An alert bank employee saw the defendant brandishing her gun and pushed the silent alarm button to summon the police, and most of the employees and customers were successful in fleeing the bank. However, when the police surrounded the bank, the defendant was still inside with a hostage, one of the bank's tellers, whom the defendant had forced to turn over all the money in her drawer. The police obtained only a vague description of the defendant from the fleeing employees and customers as being a white female of average height, but all agreed that she was wearing a bright yellow scarf around her neck. The defendant, hoping to distract the police and escape out a back door, forced the teller to put on the bright yellow scarf and walk in front of a window. A rookie police officer, on seeing the yellow scarf, opened fire, killing the bank teller immediately. The defenda

The defendant caused the death of the victim during the course of a felony.

A coal company developed a new extraction process that enabled it to produce coal at marketable cost from "worn out" mines that it owned, and began operating the mines using the new process. As a cost-cutting measure that increased profits, the corporate officers knowingly permitted the new process to be utilized in such a way that federally and state mandated methane gas detection measures were not complied with, and a consequent methane explosion severely injured several miners. In addition to being prosecuted for felony violations of the methane detection statutes, the corporation and its officers were prosecuted for attempted murder.

What should be the outcome of this prosecution?

Responses

Not guilty, because the corporate officers did not possess the requisite intent to constitute the crime of attempted murder.

A student broke into her professor's office to look at examination questions without taking them. Once in the office, the student was unable to locate the examination questions, as they were locked in a desk drawer. The student mistakenly believed that looking at examination questions was a felony in the jurisdiction; in fact, such conduct would be a misdemeanor at most. The jurisdiction includes offices as structures that could be burglarized.

If the student were to be apprehended and charged with burglary, is she likely to be convicted?

No, because what she intended to do when she broke in was not a felony.

A lessee rented from the defendant a building containing a store on the ground floor and an apartment above. The lessee operated a jewelry store on the ground floor and lived in the apartment above. One night as the defendant happened by the store, he saw a light on in the shop and, finding the door unlocked, decided to investigate. While looking around the store, the defendant spotted an expensive watch. Recalling that the lessee was much behind in her rent, the defendant decided to take the watch and keep it until the lessee paid the rent. Just as the defendant was leaving the store, the lessee entered the store. Afraid of a confrontation, the defendant tossed the lessee the watch and ran out.

What fact will prevent the defendant from being convicted of common law burglary?

The defendant had no intent to commit any crime until he entered the shop.

A mechanic ran a car repair shop that specialized in repairing antique cars, and he also sold antique cars from time to time that he had repaired in the shop. Right before the shop closed, a customer brought him an antique car for repair. Although he knew that he would be unable to repair the car, the mechanic nonetheless wanted to inspect the car and see if there would be any usable parts should the customer decide to sell the car. He lied to the customer that he would work on it the first thing in the morning. That night, one of the mechanic's creditors walked by the shop and saw the antique car standing in the shop's parking lot. Remembering that the mechanic had fallen behind on his loan payments, the creditor decided to take the car, believing it to be one that the mechanic was going to sell. Finding the car keys in the visor, the creditor tried to start the car, initially to no avail. However, the car final

The defendant honestly thought he was entitled to take the car as security for payment of the loan.

A blacksmith ran a small forge in a tourist attraction depicting village life in the 1800s, and produced small metal trinkets for sale as souvenirs. A tourist came into the forge and started ridiculing the blacksmith, telling him that he was foolish for practicing such an out-of-date trade when modern equipment could produce the same trinkets faster and far more cheaply. Although he maintained a calm demeanor, the blacksmith was enraged by the time the customer finished and headed back out the door. He picked up an anvil and hurled it in the general direction of the customer. The anvil fell harmlessly to the ground after traveling maybe a foot.

If the blacksmith is charged with assault, which of the following statements would be most helpful for his defense?

The customer did not see the blacksmith throw the anvil, and the blacksmith knew that it was impossible to hit the customer with the anvil.

A borrower owed a lender $1,000. The debtor had promised to pay the lender back in one week, but three months passed and no money was forthcoming. The debtor always managed to avoid the lender's calls, so the lender drove to the debtor's house one night, intending to demand repayment in person. The lender rang the debtor's doorbell, knocked on his door, and screamed for the debtor to come out, but no one responded. The lender then tried the doorknob on the closed front door. To her surprise the door was unlocked, and she entered the debtor's house. After yelling several times for the debtor, the lender concluded that the debtor was not at home. Convinced that the debtor had run out the back door to avoid her, the lender went to the debtor's living room, grabbed an overstuffed chair, and carried it to the debtor's front lawn. The lender then doused the chair with lighter fluid and set it afire. Alarmed at

Larceny only.

A state has a modern theft statute that combines such common law crimes as larceny, embezzlement, and receiving stolen property into one comprehensive crime. The police arrested a car dealer who had been dealing in stolen cars. When the police suggested strongly that it might be in his best interests to cooperate with a police "sting" operation, the dealer readily agreed. The police told the dealer to continue to purchase stolen autos from thieves, but to inform the police when a buyer was about to purchase a stolen car. The police would then arrest the buyer.

The defendant approached the dealer on his car lot, asking for a late-model used car at a good price. The dealer told the defendant that he had a sedan that he was willing to sell, and he quoted a price that was half "book value" of the car. The dealer told the defendant that the sedan was "hot," to which the defendant responded, "It's none of m

No, because the police never recovered possession of the car, and it retained its character as stolen property when the defendant purchased it knowing it had been stolen.

Late one evening, a cook at a diner coming off his shift was grabbed in the parking lot by a large man wearing a ski mask. The man threatened to kill the cook and demanded his wallet. The man then pulled a knife from his pocket and lunged at the cook. The cook, having taken several self-defense courses, was able to fend off the man's attack. After being struck by the cook several times, the man dropped the knife and fell to the ground. The cook, angry at the assault, took the knife and stabbed the man, killing him instantly.

Should the cook be convicted of murder?

No, but he may be convicted of manslaughter.

The statutes of a state define the following crimes (with the most serious listed first):

First degree murder-Premeditated or intentional killing.

Felony murder-Killing while in the act of committing a common law felony.

Second degree murder-Killing with reckless disregard for the safety of others.

Manslaughter-Killing with adequate provocation or through criminal negligence.

A competitive camp counselor who was determined to have her team win a relay race decided to put a colorless and odorless drug into the other teams' water bottles. The counselor wanted the other teams to become sick to their stomachs so that they could not run as fast in the race. The counselor knew that people could become very ill, or even die, if they consumed too large a quantity of the drug but she only intended to place a small amount in each water bottle. The day before the race, the counselor went into the nurse's office and took a bottl

Second degree murder.

Question

The defendant happened to have the same name as a famous attorney in the city. Coincidentally, they also shared the same birthday, and their Social Security numbers nearly matched except for one number. The defendant went to an electronics store to buy a new portable television set, and decided to finance the purchase because he had little money. The defendant truthfully filled out the store's credit application. As had happened previously, the defendant was mistaken for the famous attorney. As a result, he was approved for a credit line well beyond his means. Instead of explaining the situation, the defendant took advantage by purchasing a state-of-the-art high-definition television set with a surround sound system. The defendant knew that he would be unable to make payments on the equipment when due, but he decided to deal with that when the time came. After several months of nonpayments, the defendant r

The defendant has committed neither false pretenses nor larceny by trick, because he was under no duty to disabuse store employees of their mistake as to his true identity.

While the defendant was committing a robbery, he shot and killed the victim. The defendant is charged with first degree murder in a state that defines first degree murder as murders committed with premeditation or deliberation or during the commission of burglary, arson, rape, or robbery, and defines second degree murder as all other murders. The state also defines voluntary manslaughter as the unlawful killing of a human being with malice upon a sudden quarrel or heat of passion, and it defines involuntary manslaughter as the unlawful killing of a human being without malice in the commission of an unlawful act, not amounting to an enumerated felony, or in the commission of a lawful act that might produce death in an unlawful manner or without due caution and circumspection.

Assuming evidence to support, what explanation for the shooting would best help the defendant in avoiding conviction for first degree murder?

The defendant had taken "angel dust" before the incident and does not remember getting a gun or holding up the victim.

The state has the following homicide statutes:

Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. It is implied when no considerable provocation appears or when the circumstances attending the killing show an abandoned and malignant heart. All murder that is perpetrated by willful, deliberate, or premeditated killing or committed in the perpetration of or attempt to perpetrate arson, rape, robbery, or burglary is murder of the first degree. All other kinds of murders are of the second degree.

The defendant and her associate entered a jewelry store to shoplift a diamond bracelet. Just as the defendant put the bracelet into her pocket, a sales clerk saw her and grabbed her by the wrist. The associate grabbed a knife from one of the silver disp

The defendant cannot be convicted of murder because the associate's death was not murder but justifiable homicide.

A father and his son were arguing on the front lawn of the son's house. The father, who was a bigger and slower man, attempted to end the argument by pushing his son as hard as he could. The son, fearful that his father would continue to escalate the fight as he has done in the past, tackled the father and pinned him to the ground, although the son could have easily escaped into his house.

If the son is tried for battery, should he be found guilty?

Responses

No, because the son was justified in tackling and pinning his father.

When the defendant learned that his former wife, to whom he was paying $1,000 per month in alimony, was dating someone else, the defendant encouraged her to get married "for the sake of the children." The former wife said that she would consider it, but she also expressed concern that her boyfriend might already be married. The defendant told his former wife that he would have an acquaintance run a computer check on the boyfriend that would reveal whether he was currently married. However, the defendant did not bother with the computer check; instead he called the boyfriend and offered him $5,000 if he would propose to the defendant's former wife. The defendant then told his former wife that, according to official records, the boyfriend was single. The defendant's former wife and the boyfriend went through a wedding ceremony shortly thereafter. The boyfriend, however, was already married to someone else, a fa

No, because the defendant did not have the mental state necessary for aiding and abetting.

A bartender diligently followed the procedure her employer set: She would ask every patron for identification regardless of how old (or young) the patron appeared to be. One day, after asking for identification, the bartender served alcohol to a minor. The identification that the minor gave to the bartender was actually issued by mistake by an appropriate state agency and appeared to show that the minor was of legal age. After another patron, an off-duty police officer, recognized the minor, the bartender was arrested for serving alcohol to a minor. In this jurisdiction, the highest state court has held that, under state law, strict liability is abolished and all crimes require a culpable mental state.

What would be the best reason for finding the bartender not guilty?

Responses

She did not know that the minor was underage, and she relied on the identification card for proof of age.

The defendant, while visiting the victim, asked for permission to borrow the victim's car so he could drive to a convenience store to buy cigarettes. In fact, he intended to keep the car and sell it for cash. The victim agreed, and the defendant took the car and drove off. After thinking about it further, the defendant decided that it would be wrong to sell the victim's car, and headed back to the victim's house. On the way back, the car was destroyed in a collision through no fault of the defendant.

May the defendant be convicted of larceny?

Yes, because he intended to permanently deprive the victim of the car when he drove off in it.

The defendant was fired from his sales job while calling on customers in another city. He failed to return the company car that he was using for his sales visits; instead, he sold the car to a "chop shop" for cash.

As to the car, what crime has the defendant committed?

Embezzlement.

A gang member threatened to kill the defendant unless he robbed a convenience store and gave the proceeds to the gang member. The gang member also demanded at gunpoint that the defendant kill the clerk to prevent identification. In abject fear of his life, the defendant did everything that the gang member requested.

If the defendant is arrested and charged with murder and robbery in a common law jurisdiction, what result?

The defendant should be acquitted of the robbery and convicted of murder.