Criminal Law Elements & Defenses Flashcards

Terry threatens to kill Sam unless Sam burns down a competitor's warehouse. Sam burns the warehouse. Sam is charged with arson. The best defense is:

Answer: Duress

Duress is the proper defense when a defendant commits a crime under an imminent threat of death or serious bodily harm from a third party, provided no reasonable escape existed.

Which of the following is NOT a required element of common law larceny?

Answer: Use of force or fear

Common law larceny requires a trespassory taking and carrying away of personal property of another with intent to permanently deprive; force or fear is not required (that elevates it to robbery).

An accomplice who wants to withdraw from participation before the crime occurs must:

Answer: Repudiate prior aid and do everything possible to neutralize their assistance

Effective withdrawal requires not only repudiation of prior encouragement but also affirmative steps to neutralize any assistance previously rendered.

Premeditation for first-degree murder can be formed:

Answer: In an instant, as long as it precedes the killing

Under most jurisdictions, premeditation can be instantaneous; the focus is on whether the defendant thought about the killing before acting, not the length of deliberation.

Which crime requires proof that the defendant obtained property by making a false representation of a past or existing material fact?

Answer: False pretenses

False pretenses requires a false representation of a past or existing fact (not a promise about the future) that causes the victim to pass title to property.

Depraved heart murder differs from involuntary manslaughter because it requires:

Answer: Extreme recklessness showing a callous disregard for human life, beyond ordinary recklessness

Depraved heart (second-degree) murder requires a higher level of recklessness—extreme indifference to human life—that goes beyond the gross negligence standard for involuntary manslaughter.

A police officer tells a suspect: 'I'll drop all charges if you rob that store for me.' The suspect complies. The suspect's best defense is:

Answer: Entrapment, if the officer induced someone not predisposed to commit the crime

Entrapment (subjective test) is available when government agents induce a person who is not predisposed to commit the offense to do so; the officer's inducement here is the paradigmatic entrapment scenario.