Criminal Law Dressler correct answers
Criminal Law Dressler correct answers
Criminal Law Dressler correct answers
Criminal Law Dressler correct answers
Criminal Law Dressler correct answers
An Omission to do something could be a crime if? - CORRECT ANSWERS-A duty to
act is established.
At common law how is Self-Defense established? - CORRECT ANSWERS-Justified in
killing in self-defense if at the time the actor used deadly force that person reasonably
believed that such force was necessary to combat imminent, unlawful deadly
force/threat. Cannot be the initial aggressor.
At MPC how is Self-Defense established? - CORRECT ANSWERS-Same as Cl but
permits a partial defense if the actor's mistake is, for example, negligent, unreasonable,
reckless, etc.
Can an actor be an accomplice if the principal committed no crime or has a valid
justification defense? - CORRECT ANSWERS-No.
Can an actor be an accomplice if the principal has a valid excuse defense? - CORRECT
ANSWERS-Yes.
Does Common Law acknowledge Factual Impossibility? - CORRECT ANSWERS-No.
Does the Common Law recognize Abandonment? - CORRECT ANSWERS-No.
Does the Common Law recognize Embezzlement? - CORRECT ANSWERS-No.
Does the MPC acknowledge Factual Impossibility? - CORRECT ANSWERS-No.
Does the MPC acknowledge Wharton's Rule? - CORRECT ANSWERS-No.
Does the MPC distinguish between Specific Intent and General Intent in regard to
Mistake of Fact? - CORRECT ANSWERS-No, they just ask if the D had the required
mens rea of the statute.
Does the MPC recognize the But For test? - CORRECT ANSWERS-Yes.
Does the MPC recognize the Pinkerton Doctrine? - CORRECT ANSWERS-No.
, For General Intent crimes, a Mistake of Fact defense will? - CORRECT ANSWERS-A
person will be acquitted if mistake of fact was a reasonable one, and convicted if an
unreasonable one.
For Specific Intent crimes, a Mistake of Fact defense will? - CORRECT ANSWERS-
Excuse the defendant if mistake disproves specific intent element of the crime even if
mistake is unreasonable.
How does the MPC view Mistake of Law? - CORRECT ANSWERS-The same as the
Common Law.
How is Duress established at Common Law? - CORRECT ANSWERS-Threatened with
imminent death or serious bodily injury. Reasonably believe that succumbing to threat is
only way to save life. Defendant must not have been at fault for being in the situation.
Not a defense for murder.
How is Duress established at MPC? - CORRECT ANSWERS-It may be an affirmative
defense if the actor engaged in criminal conduct because she was coerced into it by use
of or threat to use unlawful force against her person or the person of another, a threat a
person of reasonable firmness in her situation would have been unable to resist. - threat
need not be deadly or imminent.
How is Social Harm determined? - CORRECT ANSWERS-A voluntary act or omission
that causes harm to a person or the whole community.
How is the defense for Involuntary Intoxication used? - CORRECT ANSWERS-If forced
involuntary, courts will permit it to serve as a defense to general, as well as specific,
intent crimes. Defense also permitted if, as a result of involuntary intoxication, the actor
satisfies the state's insanity definition.
How is the defense for Voluntary Intoxication used in Common Law? - CORRECT
ANSWERS-Not an excuse ever to general intent crime- someone who chooses to take
drug or drink should not be excused because they chose to do it
general intent crime- actus reus and mentally culpable state of mind; choosing to be
intoxicated. Defense to specific intent crime in some states IF condition is so intense,
lack intent required for crime. May serve as a mens rea defense for a specific intent
crime.
How is the defense for Voluntary Intoxication used in MPC? - CORRECT ANSWERS-
Same general principles. But, if charged with crime of recklessness, which ordinarily
requires awareness of risk, actor may be convicted of recklessness, even if he was
unaware of the risk, if he would have been aware if sober
treats all as specific intent if voluntary intoxication negates the specific intent of the
crime, acquitted.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller solutionsstudy. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $11.49. You're not tied to anything after your purchase.
