FYLSX Criminal Law Elements & Defenses 4 — Questions and Answers
Question 1: What distinguishes robbery from larceny?
- Robbery requires the victim to be present at the scene
- Robbery requires taking from the person or presence of another by force or intimidation (Correct answer)
- Robbery requires a dangerous weapon
- Robbery requires nighttime commission
Correct 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.
Question 2: A defendant who is the first aggressor in a fight:
- Loses the right of self-defense entirely under all circumstances
- May regain self-defense rights by withdrawing and communicating that withdrawal (Correct answer)
- May use deadly force if the victim escalates to deadly force without warning
- Retains self-defense rights if the initial aggression was non-deadly
Correct 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.
Question 3: At common law, conspiracy is complete:
- Only when an overt act is committed
- Upon the agreement between two or more persons with criminal intent (Correct answer)
- When each conspirator performs their assigned role
- At the moment the target crime is completed
Correct 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).
Question 4: Pete, under hypnosis ordered by a third party, commits a crime while in a trance state. Pete's best defense is:
- Voluntary intoxication
- Automatism / lack of voluntary act (Correct answer)
- Insanity
- Duress
Correct 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.
Question 5: Which of the following most accurately states the castle doctrine?
- A person may use deadly force to protect their home from any trespass
- A person has no duty to retreat before using deadly force in their home (Correct answer)
- A person may shoot trespassers to protect personal property inside the home
- A person may defend a guest's home as if it were their own
Correct 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.
Question 6: False imprisonment differs from kidnapping primarily because kidnapping requires:
- Confinement of the victim for a ransom demand
- Moving or concealing the victim (asportation) (Correct answer)
- Use of a deadly weapon during the restraint
- The victim to be a minor
Correct 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.
Question 7: Under the MPC substantial capacity test, a defendant is not responsible if, due to mental disease or defect, they lacked substantial capacity to:
- Distinguish fantasy from reality at any point before the act
- Appreciate the criminality of conduct OR conform conduct to the law (Correct answer)
- Control impulses caused by a personality disorder
- Understand the charges and assist in their own defense
Correct 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.
FYLSX Criminal Law Elements & Defenses 4
What distinguishes robbery from larceny?