Criminal Law and Procedure for Florida Bar Exam Correct 100%

What is required for a conspirator to be held liable for the crimes of their co-conspirators? - ANSWER The crimes must have been foreseeable and committed in furtherance of the conspiracy, and the conspirator must not have withdrawn before the co-conspirator committed the crimes What are the three elements of conspiracy under Florida law? - ANSWER (1) an agreement, (2) an intent to agree, and (3) an intent to pursue an unlawful objective; (the majority of states also require an overt act in furtherance of the conspiracy) What are the two elements of solicitation? - ANSWER (1) a request (2) that someone commit a crime (NB: the crime is complete as soon as the request is made) What are the elements of attempt? - ANSWER (1) specific intent to commit the target crime and (2) an overt act that constitutes a substantial step in furtherance of the crime What are the four mental states for malice aforethought murder? - ANSWER (1) an intent to kill (2) an intent to inflict great bodily harm (3) an intent to commit a felony (4) Reckless indifference to an unjustifiably high risk to human life What must be shown for a conviction of premeditated and deliberate murder? - ANSWER (1) the defendant made the decision to kill in a cool and dispassionate manner and (2) the defendant actually reflected on the idea of killing, if only for a very brief period What are the five inherently dangerous felonies at common law? (acronym BARRK) - ANSWER Burglary, arson, rape, robbery, and kidnapping Voluntary manslaughter is... - ANSWER ... a killing in the heat of passion resulting from an adequate provocation by the victim Involuntary manslaughter is... - ANSWER ... a killing of negligence or misdemeanor manslaughter (i.e. the killing of someone during the commission of a misdemeanor or non-enumerated felony) What two things must be shown to satisfy the causation element of any homicide charge? - ANSWER (1) the death would not have occurred when it did but for defendant's act (causation in fact) and (2) the death occurred as a natural and probable cause of the defendant's act (proximate cause) When can an intervening act shield a defendant from liability for homicide? - ANSWER When the death is a mere coincidence or is outside the foreseeable sphere of risk created by the defendant's act What four elements constitute criminal battery? - ANSWER (1) an unlawful (2) application of force (3) to the person (4) resulting in either bodily injury or offensive touching Criminal assault can consist of either... - ANSWER ... an attempt to commit criminal battery or the intentional creation, other than by mere words, of a reasonable apprehension of imminent bodily harm What are the factors that can turn criminal assault into aggravated criminal assault? - ANSWER The use of a deadly or dangerous weapon or the intent to rape, maim, or murder What are the three elements of criminal false imprisonment? - ANSWER (1) the unlawful (2) confinement of a person (2) without their valid consent Kidnapping is the confinement of a person that involves either... - ANSWER ... some movement (i.e. asportation) or concealment in a secret place What are the five elements of larceny? - ANSWER (1) the taking and (2) moving (i.e. asportation) (3) of the property of another (4) by trespass (5) with the intent to permanently deprive them of that property What three elements constitute embezzlement? - ANSWER (1) the fraudulent (2) conversion (3) of the property of another (NB: there is no asportation requirement) What constitutes the common law crime of false pretenses? - ANSWER Persuading, by way of false representation, the owner of property to convey title What differentiates common law false pretenses from common law larceny by trick? - ANSWER In larceny by trick, only possession is obtained by false representation. In false pretenses, title is obtained by false representation. Which crimes has Florida combined into its general theft statute? - ANSWER Larceny (including larceny by trick), embezzlement, and false pretenses What are the five elements of robbery? - ANSWER (1) the taking (2) of the property of another (3) from the other person's presence (4) by force or threat (5) with the intent to permanently deprive them of the property What are the five elements of common law burglary? - ANSWER (1) the breaking and (2) entering (3) of the dwelling of another (4) at night (5) with the intent to commit a felony therein What constitutes burglary under Florida law? - ANSWER Entering or remaining in any premises without permission with the intent to commit any offense therein Common law arson is... - ANSWER ... the malicious burning of the dwelling of another (NB: scorching is insufficient but charring is sufficient) What constitutes arson under Florida law? - ANSWER Unlawfully damaging any structure or vehicle with fire or explosives What insanity defense rule does Florida follow and when is it satisfied? - ANSWER The M'Naghten rule: at the time of their conduct, defendant lacked the ability to know the wrongfulness of their actions or understand the nature and quality of their actions What are the three insanity defense tests not used by Florida? - ANSWER Irresistible impulse: defendant lacked the capacity for self-control and free choice Durham rule: defendant's conduct was a product of mental illness Model Penal Code test: defendant lacked the ability to conform to the requirements of law What are the relevant ages for the infancy defense and their respective effects? - ANSWER Children under age 7 cannot be criminally liable. Children under age 14 carry a rebuttable presumption that they cannot be criminally liable. When can deadly force be used in self defense under Florida law? - ANSWER Any time the victim reasonably believes that deadly force is about to be used against them or that a forcible felony is about to be committed against them What two things must an original aggressor do to regain the ability to claim self-defense? - ANSWER withdraw from the combat and communicate that withdrawal to the victim What are the two elements of the duress defense? - ANSWER (1) the person acted under threat of imminent infliction of death or great bodily harm and (2) the belief in the threat was reasonable (NB: duress cannot be a defense to homicide offenses) What are the two elements of the necessity defense? - ANSWER (1) as a result of natural forces, (2) the defendant reasonably believes that their conduct was necessary to avoid a greater societal harm What are the two requirements for the entrapment defense to apply? - ANSWER (1) the criminal design originated with law enforcement officers and (2) the defendant was not predisposed to commit the crime (NB: under Florida law, entrapment is also established where the conduct of law enforcement was so egregious that it violated the due process rights of the defendant) When does a seizure of property occur? - ANSWER When the government meaningfully interferes with a person's possessory interest in the property When does a seizure of the person occur? - ANSWER When a reasonable person would not feel free to terminate the encounter When does an arrest occur? - ANSWER When a person is taken into custody for prosecution or interrogation What is the standard of proof necessary to support a warrantless arrest? - ANSWER Probable cause—there must be trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime What is the standard of proof necessary to support an investigative detention (aka Terry stop)? - ANSWER Reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts Where an investigative detention (i.e. Terry stop) is based on an anonymous tip, what additional requirement must be met in order for the stop to be supported by reasonable suspition? - ANSWER The tip must be accompanied by indicia of reliability sufficient to make the officer's stop reasonable. What is the permissible scope of an investigative detention (aka Terry stop)? - ANSWER The stop must be no longer than necessary to conduct a limited and diligent investigation to verify or dispel the suspicion What are the four questions to ask to determine whether there was a search within the meaning of the Fourth Amendment? - ANSWER (1) Was the search done by a government agent? (2) Did the police intrude upon someone's reasonable expectation of privacy in the place searched or item seized? (3) Have the police physically intruded on a constitutionally protected area for the purpose of obtaining information? (4) Does the party asserting the Fourth Amendment right have a reasonable expectation of privacy in the area searched? What are the three requirements for a search warrant to be valid? - ANSWER It must (1) have been approved by a neutral and detached magistrate, (2) describe with particularity the place to be searched and items to be seized, and (3) be supported by probable cause (i.e. there must be a fair probability, based on the totality of the circumstances, that the area to be searched contains evidence of a crime) What are the four situations in which a search will be invalid even though it was executed in objective good faith reliance on a search warrant? - ANSWER (1) the warrant was based on a bare-bones affidavit (2) The warrant failed to satisfy the particularity requirement (3) the affiant knowingly or recklessly included false information in the affidavit (4) the magistrate is shown to be biased What are the three exigent circumstances that can serve as an exception to the warrant requirement for searches? - ANSWER (1) hot pursuit, (2) destruction (i.e. spoliation) of evidence, and (3) danger to the safety of persons When does the automobile exception to the warrant requirement for searches apply? - ANSWER When the government agents have probable cause to believe the evidence or contraband searched for will be found in the car