FYLSX Criminal Law Elements & Defenses 3

Question 1

Which doctrine allows conspirators to be held liable for crimes committed by co-conspirators in furtherance of the conspiracy?

Accepted Answer

Pinkerton doctrine

Answer

Under Pinkerton v. United States, a conspirator is vicariously liable for substantive crimes committed by co-conspirators if those crimes were foreseeable and in furtherance of the conspiracy.

Question 2

Carl is charged with arson after burning down a building he mistakenly believed was unoccupied. At common law, arson requires:

Accepted Answer

Malicious burning of the dwelling house of another

Answer

Common law arson is the malicious burning of the dwelling house of another; burning one's own property or non-dwelling structures was not arson at common law.

Question 3

Wharton's Rule provides that conspiracy cannot be charged when:

Accepted Answer

The target offense necessarily requires the participation of two or more people

Answer

Wharton's Rule bars a conspiracy charge when the target crime by definition requires two participants (e.g., bigamy, dueling, adultery).

Question 4

Voluntary intoxication may be a defense to which category of crime?

Accepted Answer

Specific intent crimes only

Answer

Voluntary intoxication can negate the specific intent required for crimes like first-degree murder or larceny, but it is no defense to general intent crimes.

Question 5

Eve stabs Victor after Victor secretly added a drug to her drink that caused her to hallucinate an attack. Eve's best defense is:

Accepted Answer

Involuntary intoxication

Answer

Involuntary intoxication (intoxication without the defendant's knowledge or consent) can operate as a complete defense to all crimes if it negates the required mens rea.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Criminal Law Elements & Defenses 3