NC Criminal Law (Bar Exam) With Correct Solutions!!

Juries decide questions of facts and whether or not the aggravating factors are present would be decided by them. Larceny - ANSWER Larceny is the Trespassory taking and carrying away of personal property of another with the intent to permanently deprive that person of such property. To be considered as larceny the property must have been taken without the owners consent and the original taking must have been unlawful. If the goods are valued at $1000 or more than it is considered a felony, while less than $1000 is considered a misdemeanor in NC. Further, even an object that is less than $1000 can be considered a felony if it was done with any of the following factors: (i) taken from the person of the victim; (ii) taken while in the act of Burglary, or in the process of leaving a dwelling, or from a place of worship; (iii) if it was taken with the use of force or deadly weapon, (iv) it is property that is taken from NC achieve, or (v) the person committed it has committed 4 prior larceny's, it does not matter if they were felines' or misdemeanors. False Pretenses - ANSWER In NC, the crime of false pretenses requires (i) a false representation of fact, or regarding a future fulfillment or event, (ii) made with the intent to defraud or cheat, (iii) which does in fact defrauds or cheats, and (iv) by which defendant obtains, or attempts to obtain, value. Unlike common law NC does not require title to pass. The Factual representation must be false and defendant possession must be wrongful at the outset. Embezzlement - ANSWER Embezzlement is the fraudulent conversation of property by a person who has lawful possession of the property. Embezzlement is a felony in NC and requires the defendant: 1) be at least 16 years old or older, 2) be an agent of the principle or in fiduciary duty with the principle, 3) receive money or property from the principle due to his agency or fiduciary relationship, and 4) fraudulently or knowingly and willfully convert the property to his own or to a third person. The defendant must have the intent to defraud the owner of the property and must have been in lawful possession of the property when this intent occurred. Armed Robbery - ANSWER Armed robbery is the taking or attempted taking of personal property from someone by use or threat of use of any firearm or dangerous weapon, or any method that endangers the victims life. Further in NC any taking or attempted taking constitutes armed robbery if it is from any place of business, residence, banking intuition, or other place where a person or property are present. which requires actual use of the weapon to threaten-the mere possession of the weapon is not enough. criminal case a motion to dismiss - ANSWER Under NC law, in a criminal case a motion to dismiss will be granted when the prosecution has failed to establish each and every element of the crime that could be found satisfied, beyond a reasonable doubt, by a reasonable juror. Receiving stolen goods - ANSWER i) receiving control of stolen property ii) knowing that the property is stolen; and - knowledge that the property is stolen must consider with the act of receiving the property iii) intent to permanently drive the owner of the property. the goods must have actually been stolen at the time they are received, and the defendant must believe that they have been stolen. Possession of stolen property - ANSWER Possession of stolen or prohibited goods is unlawful if the defendant exercises control over such object or substance. - defendant is not required to be aware that possession of the object is illegal - Dominion and control must exists for a period long enough to have provided the defendant with an opportunity to cease such dominion and control. What is the M'Naghten Test - ANSWER A defendant is entitled to to an aquittal if the proof establishes that 1. he has a disease of the mind 2. that caused a defect of reason 3. and the defendant lacked the ability at the time of his actions to either (i) know the wrongfulness of his actions or (ii) understand the nature and quality of his actions Defendant bears the burden of proof and must prove insanity "to the satisfaction of the jury." Driving While Impaired - ANSWER If a person drives any vehicle upon any highway, any street, or any public vehicular area within NC while under the influence of an impairing substance, then he commits the offense of impaired driving. There is a statutory presumption of impairment where the defendant has a blood alcohol concentration of .08 or more, but impairment can be proven by circumstantial evidence. Under NC law, a person is "driving" if he is in actual physical control of a vehicle that is in motion or that ha the engine running. A person sitting behind the wheel of a car in the driver's seat and starting the engine is sufficient to show that the defendant is in actual physical control of the vehicle First Degree Murder in NC - ANSWER First Degree Murder in NC is the unlawful killing of person with (i) malice, (ii) premeditation, and (iii) Deliberation. Further, First Degree murder can be done by (i) weapons of mass destruction, (ii) poison, (iii) Laying and waiting, (iv) during the commission of other felony's (that are not part of Felony murder) while committed with a deadly weapon. Malice is defined as the following: 1) intent to Kill 2) Intent to inflict serious bodily injury but actually causes a killing 3) A killing that results from reckless indifference to an unjustifiably high risk of human life (depraved heart murder) 4) Intent to commit a felony (felony murder) - unintended killing proximately caused by and during the commission or attempted commission of an inherently dangerous felony. - BARRK (Burglary, Arson, Rape Robbery, Kidnapping) Deliberation requires evidence of specific intent to kill Premeditation requires a slight time of thinking about committing the killing. Second Degree Murder - ANSWER the unlawful killing of a person with malice but without premeditation and deliberation. in addition, a murder that is not first-degree murder is second degree murder. Voluntary Manslaughter - ANSWER Manslaughter in NC is the unlawful killing of a person without malice and without premeditation and deliberation, but with intent to kill or inflict sever bodily injury. Murder committed in heat of passion that is in response to sufficient provocation. sufficient provocation may reduce what otherwise be murder to voluntary manslaughter. In NC, sufficient provocation includes: 1) the discovering of one's spouse in the act of adultery, or under circumstances clearly indicating an act of adultery has just been completed; 2) assault, and 3) unlawful restrain. Mere words alone will never provide sufficient provocation. In NC murder may be reduced to voluntary manslaughter where the defendant acted in imperfect self defense. 1) the defendant was at fault for starting the altercation; 2) unreasonably but honestly believed in the need for responding with deadly force; or 3) used excessive force or was the aggressor in starting an encounter but did not have a murderous intent. Involuntary Manslaughter - ANSWER unlawful killing of a person without malice, without premeditation and deliberation and without intent to kill or inflict serious bodily harm, which proximately results from: 1) the commission of unlawful act that is neither a felony or inherently dangerous to life; 2) some act done in an unlawful or criminally negligent manner; or 3) a criminally negligent failure to perform a legal duty that the defendant was capable of performing. Felony or misdemeanor death by vehicle is a separate crime in NC. Defenses to Felony Murder - ANSWER the defendant must establish one of the following circumstances: 1) a valid defense to the underlying felony; 2) the felony was not distinct from or independent of the killing itself (aggravated battery) 3) Death was not a foreseeable result or a natural and probable consequence of the felony (there was no proximate cause) 4) Death occurred after the commission of the felony and the ensuring flight from the scene of the crime. Death of a Bystander - ANSWER when a third party (bystander) i killed by a police officer or dies as a result of resistance by the victim of the felony, NC uses the agency theory to determine felon's liability for that death. Agency Theory - the felon will not be liable for the death of bystander caused by a felony victim or police officer because neither person is the felon's agent. also a felon will not be liable for death of his co-felon. Mercy Killing - ANSWER Killing someone to put them out of their painful terminal illness is considered homicide and likely 1st degree murder. is Consent Defense to murder? - ANSWER NO consent is never a defense to murder acts that speed someone's death - ANSWER an act that speeds up someones death is considered homicide. Robbery in NC - ANSWER defined as the 1) taking 2) of personal property of another 3) from a person or presence 4) by force or intimidation 5) with the intent to permanently deprive the person of the property. Kidnapping - ANSWER A defendant is guilty of kidnapping if NC, if she unlawfully confines, restrains, or removes someone from one place to another without consent. this is a specific intent crime Further the kidnapping must occur for a specific reason such as: i) holding for ransom, hostage, or using the victim as a shield; ii) to facilitate the commission of a felony or flight therefrom; iii) to do serious bodily injury or to terror the victims or iv) to hold the victim in involuntary or sexual servitude. First degree kidnapping occurs when the victim was: (i) not released to a safe place;