Criminal Law & Procedure Flashcards

Which element of common law burglary has been eliminated by most modern burglary statutes?

Answer: Commission at nighttime

Most modern statutes drop the nighttime requirement and often expand the structures covered beyond dwellings.

A defendant lies to a seller about his creditworthiness and obtains title to a car. What crime has he most likely committed?

Answer: False pretenses

False pretenses involves obtaining title, not just possession, through a knowing misrepresentation of fact.

Under the merger doctrine, which felony generally CANNOT serve as the predicate for a felony murder conviction?

Answer: Aggravated assault

Assaultive felonies that are part of the homicide itself merge and cannot support felony murder.

Under the traditional common law rule, which is generally NOT adequate provocation to reduce murder to voluntary manslaughter?

Answer: Mere insulting words

Words alone are traditionally insufficient provocation to reduce murder to voluntary manslaughter.

Wharton's Rule bars a conspiracy conviction in which situation?

Answer: The crime itself requires the agreement of exactly two participants, such as dueling

Wharton's Rule holds that when a crime inherently requires two participants, they cannot also be convicted of conspiring to commit it.

A bystander watches a friend shoplift without saying or doing anything to help. Is the bystander liable as an accomplice?

Answer: No, because mere presence and knowledge are insufficient without aid or encouragement

Accomplice liability requires intentional assistance or encouragement, not mere presence or knowledge.

Under the Pinkerton doctrine, a conspirator is liable for a co-conspirator's crimes that were:

Answer: Committed in furtherance of the conspiracy and reasonably foreseeable

Pinkerton imposes liability for foreseeable crimes committed in furtherance of the conspiracy.