Substantive Criminal Law Flashcards

Under Michigan law, which is TRUE about the crime of arson?

Answer: Arson of a dwelling is a higher-degree offense than arson of other structures

Michigan classifies arson of a dwelling house as first-degree arson, the most serious degree, recognizing the heightened danger to human life.

An officer observes a driver swerve and stop; the driver admits to taking prescription medication that impaired driving. The driver may be charged with OWI because:

Answer: Michigan OWI covers impairment by any substance, including lawfully prescribed medication

Michigan's OWI statute applies to impairment by any substance — alcohol, illegal drugs, or lawfully prescribed medication — if it renders the driver incapable of operating safely.

Which principle holds that an accused cannot be convicted of a crime that was legally impossible to commit?

Answer: Legal impossibility defense

Legal impossibility is a defense when the completed act, even if done as planned, would not constitute a crime — the law simply does not prohibit what was attempted.

A Michigan officer arrests a suspect for retail fraud. What is the distinguishing element of retail fraud (shoplifting) versus larceny?

Answer: Retail fraud specifically covers theft from a retail establishment and may involve altering price tags or concealing merchandise

Michigan's retail fraud statute targets theft from merchants including concealing merchandise, altering price tags, or switching containers — acts specific to retail settings.

What does the 'actus reus' requirement mean in criminal law?

Answer: A voluntary physical act, omission where there is a duty, or possession that constitutes the crime

Actus reus is the physical or external element of the crime — the voluntary act, criminal omission, or possession that the law prohibits.

Under Michigan law, home invasion in the first degree differs from breaking and entering primarily because:

Answer: Home invasion requires that another person was present or the defendant was armed at the time of entry

First-degree home invasion requires that the defendant was armed with a dangerous weapon or that another person was lawfully present in the dwelling at the time.

Which of the following is the best example of 'conspiracy' under Michigan law?

Answer: Two persons agreeing to commit a felony and one takes an overt act toward that goal

Conspiracy requires an agreement between two or more persons to commit a crime, and Michigan also requires at least one overt act in furtherance of that agreement.