Criminal Law Elements & Defenses Flashcards
7 cards from real FYLSX practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law Elements & Defenses flashcards as text
What distinguishes robbery from larceny?
Answer: Robbery requires taking from the person or presence of another by force or intimidation
Robbery is larceny aggravated by force or intimidation directed at the victim's person or immediate presence at the time of the taking.
A defendant who is the first aggressor in a fight:
Answer: May regain self-defense rights by withdrawing and communicating that withdrawal
An initial aggressor can regain the right of self-defense by completely withdrawing from the fight and communicating that withdrawal to the other party.
At common law, conspiracy is complete:
Answer: Upon the agreement between two or more persons with criminal intent
At common law, conspiracy was complete upon the meeting of the minds (agreement) with intent; no overt act was required (though many modern statutes require one).
Pete, under hypnosis ordered by a third party, commits a crime while in a trance state. Pete's best defense is:
Answer: Automatism / lack of voluntary act
A hypnosis-induced act is analogous to sleepwalking and constitutes automatism—no voluntary act exists, which is a prerequisite to criminal liability.
Which of the following most accurately states the castle doctrine?
Answer: A person has no duty to retreat before using deadly force in their home
The castle doctrine holds that an individual has no duty to retreat when in their own home before using force in self-defense.
False imprisonment differs from kidnapping primarily because kidnapping requires:
Answer: Moving or concealing the victim (asportation)
Kidnapping adds an asportation element (movement or secret confinement) to unlawful restraint, distinguishing it from simple false imprisonment.
Under the MPC substantial capacity test, a defendant is not responsible if, due to mental disease or defect, they lacked substantial capacity to:
Answer: Appreciate the criminality of conduct OR conform conduct to the law
The MPC test (ALI test) provides an insanity defense when the defendant lacked substantial capacity either to appreciate the wrongfulness of the act or to conform conduct to legal requirements.