Term
Crim Question 1
When does a state have jurisdiction? |
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Definition
Crim Answer 1
I. Jurisdiction
State has jurisdiction if legal situs of crime
• conduct or result was in the state.
• Hypo: Shot from CT into NY: both can adjudicate based on conduct in CT and result in NY.
• But no jurisdiction based on citizenship/residence
If crime of omission, jurisdiction based on where act should have been performed |
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Term
Crim Question 2
Can a D be charged with Attempted Murder and Murder of a victim? |
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Definition
Crim Answer 2
No. solicitation and attempt do merge into the substantive offense
On the bar: Ironic but complete defense to solicitation and attempt is that you did the crime |
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Term
Crim Question 3
T/F: Any bodily movement is an act, an essential element of a crime |
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Definition
Crim Answer 3
F for two reasons:
1. Some bodily movements do not count as acts:
• Conduct which is not product of own volition: If pushed into 3rd person, you are not liable if they die.
• Reflexive or convulsive act: Epilepsy • Conduct while unconscious or asleep: Sleepwalking
2. Act or Omission is essential element, not just Act |
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Term
Crim Question 4
What five circumstances can give rise to a duty? |
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Definition
Crim Answer 4
A duty can arise:
• By statute: Must file tax returns;By contract: Lifeguard or nurse
• Relationship b/w parties:Parents have duty protect kids, Spouses each other.
• *Voluntarily assuming duty of care but failing to do so *: Swim out to help someone or say you will.
• if you created peril you have duty to act: Push non-swimmer into a pool |
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Term
Crim Question 5
What are the four common law criminal categories of mental states? |
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Definition
Crim Answer 5
• Specific intent: so get additional defenses compared to other crimes
• Malice: only two are on bar exam: murder and arson
• General intent: almost all NY crime. This is the catchall. Examples are rape, battery
• Strict liability / no intent crimes: Defense based on intent is no defense at all for these |
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Term
Crim Question 6
What are the two malice crimes? |
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Definition
Crim Answer 6
Common law murder (second degree) and arson |
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Term
Crim Question 7
What are the specific intent crimes? |
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Definition
Crim Answer 7
There are 11 specific intent crimes:
All the inchoate crimes: CASA1
Conspiracy, Attempt, Solicitation, Assault, 1st Degree Murder
Big Felonies: LEFRBF (Le French Boyfriend)
Larceny, Embezzlement, False Pretenses, Robbery, Burglary, Forgery |
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Term
Crim Question 8
D aims gun at cop, but accidentally kills passerby. What crime(s) can be charged, and is there merger? |
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Definition
| Crim Answer 8;There are two crimes: attempted murder of the cop, and murder of the passerby. There is transferred intent between the attempt on the cop (intent to kill) and the causal death of the passerby to support the murder charge. Merger exception: do not merge the crimes with different victims.; |
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Term
Crim Question 9
Given a sample statute, what is the test that it is a strict liability crime, where no proof of intent is necessary? |
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Definition
Crim Answer 9
1. The crime is in administrative, regulatory or morality areas and
2. Statute has no adverbs, like "knowingly", "willingly", "intentionally", or "negligently".
• Statutory rape
• Selling liquors to a minor
• Bigamy (in some jurisdictions) |
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Term
Crim Question 10
What crimes can an accomplice be charged with? |
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Definition
Crim Answer 10
Accomplices are responsible for the crime itself and all other foreseeable crimes |
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Term
Crim Question 11
Is Jeff liable as an accomplice for serving Emily and Oz margaritas while they bilk little old ladies out of their savings by phone? |
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Definition
Crim Answer 11
No. Do not give accomplice liability unless someone is actively in the crime: presence is not enough - that may seem like consent or failure to act but that is not enough. |
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Term
Crim Question 12
Ruth confessed to robbing the Louis Vuitton store on Fifth Avenue, and said Dayna kept watch for her on the street, but split when the cops showed up. Can Dayna be charged as an accomplice? |
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Definition
Crim Answer 12
No. In NY, a person cannot be convicted by uncorroborated testimony of an accomplice |
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Term
Crim Question 13
After one too many short jokes, Lemerson went nuts and shot Brit in room 311 with a rifle that Safia gave her to do it with. Since Lemerson got off for being insane, is Safia in the clear? |
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Definition
Crim Answer 13
No. Accomplices in NY are not absolved of liability by principal's defenses about mental state. If principal is insane, it is no defense for the accomplice. |
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Term
Crim Question 14
Placker asks Jared to throw Abe out the window, and he agrees. Jared throws Abe, but misses the window. Can Plackter be charged with solicitation? |
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Definition
Crim Answer 14
No, solicitation merges into conspiracy upon agreement. SOLICITATION is asking someone to commit a crime.
• Crime is complete when you ask it.
• If they agree, then have a conspiracy |
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Term
Crim Question 15
Safia and Plackter plan to swipe all of the wedding China and sell it without telling Jared. Jared is steaming mad when Emily tells him about the plan. Can they be charged with conspiracy? |
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Definition
Crim Answer 15
No. There needs to be a crime for conspiracy. Plackter jointly owns the wedding China, so there is no crime, thus no conspiracy. |
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Term
Crim Question 16
When is a conspirator liable for the crimes of her co-conspirators? |
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Definition
Crim Answer 16
Liability of conspirators:
Each conspirator is liable for all crimes of all co-conspirators, if
1. committed in furtherance of the conspiracy and
2. the crimes were foreseeable.
• Can be across state lines.
• Agreement requirement among conspirators- does not have to be express. Don't need written or spoken words.
• Conspirators don't have to know each other. |
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Term
Crim Question 17
Placker asks Jared to throw Abe out the window, and he agrees to do the deed. A cop who was at their dinner party hears this and arrests them. Can they be charged with conspiracy? |
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Definition
Crim Answer 17
In a majority rule jurisdiction, no. To ground liability for conspiracy, there must be an agreement and an OVERT ACT.
Any act will do for majority rule: Example
• arriving at place you planning to rob
• Telephone calls to get other people to join
In a minority rule jurisdiction, they can be charged. Minority rule is common law rule: agreement is enough
The Bar will tell you which one to follow (“this jurisdiction grounds liability in the agreement itself”). NY is majority Overt Act rule. |
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Term
Crim Question 18
Ru adequately quits the aptly named Benneton 2007 Crime-of-the-Month Club immediately after the March heist. The rest of the crowd gets caught during the June job. What is Ru on the hook for? |
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Definition
Crim Answer 18
Ru is still on the hook for January, February and March, but not April, May or June. Even if adequate, conspirator does not withdraw from liability for the conspiracy itself, only withdraws from liability for the other conspirator's subsequent crimes. |
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Term
Crim Question 19
Placker asks Jared to throw Abe out the window, and he agrees to do the deed. Jared opens the window in anticipation of Abe's arrival. A cop who was at their dinner party arrests them. Can Jared be charged with attempted murder? |
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Definition
Crim Answer 19
No. Attempt requires specific intent + substantial step beyond mere preparation in the direction in the commission of the crime. They are both on the hook for conspiracy to commit murder. |
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Term
Crim Question 20
In New York, what are the two requirements for withdrawal from a conspiracy? |
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Definition
Crim Answer 20
In NY, you can WITHDRAW from conspiracy if (i) renounce it and (ii) prevent commission of the crime. |
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Term
Crim Question 21
What are the two types of defenses in NY, and how are the burdens distributed for each? |
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Definition
Crim Answer 20
NY has 2 types of defenses
1. DEFENSES which prosecution must disprove beyond a reasonable doubt (infancy and self-defense) and
2. AFFIRMATIVE DEFENSES, which Defendant must raise and prove by preponderance of the evidence (duress, entrapment, insanity) |
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Term
Crim Question 22
What will Lemerson have to show to be successful in her insanity defense for shooting Brit in room 311? |
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Definition
| In NY, an insanity defense will require that Lemerson show that (i) at time of conduct she (ii) lacked ability to know wrongfulness of her actions or (iii) understand the nature or quality of her actions (M'Naghten Test) |
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Term
Crim Q 23
Dayna got drunk for Torts. On the way to school, she robbed Plackter’s home, and punched Jeff in the face from her motorcycle while speeding at 95 mph. Cops dragged her out of class, and she had no idea she had done any of it. Valid defense? |
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Definition
Crim Answer 23
Voluntary intoxication is defense only for a specific intent crime (e.g., burglary of Plackter’s) but not general intent crimes (e.g., battery of Jeff) or strict liability (e.g., speeding). The voluntary intoxication is a defense to burglary, but not to battery or speeding |
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Term
Crim Question 24
Brit and his two secret children, Lambert age 8 and Henson age 6, conspired to club Carson Palmer in the kneecaps Gilhooly-style just before the Steelers game. Sadly, they got caught. Of the three, who can have criminal liability? |
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Definition
Crim Answer 24
INFANCY – on the test. Brit and Lambert can, and Henson cannot. Under 7 years old no criminal liability possible. Under 14 years old, there is a rebuttable presumption of no criminal liability. |
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Term
Crim Question 25
Brit attacks Safia's hair with his electric beard-trimmer, and after lopping off a huge hunk, Safia decapitates him with her scythe to prevent his next attack. How well does her claim of self-defense do here? |
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Definition
Crim Answer 25
Not so great. Her use of deadly force in the face of non-deadly force is not justified. SELF-DEFENSE:
1. Victim can use non-deadly force any time victim reasonably believes force will be used on them.
2. Deadly force. If question says nothing, apply majority rule.
• Majority rule allows use of deadly force if the victim reasonably believes deadly force is about to be used on them. |
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Term
Crim Question 28
In NY, is there any crime for which duress not a defense? |
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Definition
Crim Answer 28
Duress is a defense to all crimes in NY including homicide, although it is an affirmative defense, which Defendant must raise and prove by preponderance of the evidence |
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Term
Crim Question 31
One of the answers on the bar is a defense of consent of the victim. Should you pick it? |
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Definition
Crim Answer 31
Probably not. Do not pick consent of victim on the exam. Rarely available in US. |
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Term
Crim Question 34
What are the four intents that make a homicide a murder? |
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Definition
Crim Answer 34
1. Intent to kill
2. Intent to do serious bodily harm
3. Reckless indifference, or depraved-heart killing: a very high degree of unjustifiable homicidal danger;
• 100 mph on Park Avenue
• firing a bullet into a room which defendant knows is occupied by several people
4. Felony murder: killing while committing another felony;To be found guilty of felony murder, defendant must also be found guilty of the underlying felony |
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Term
Crim Question 32
In New York, who has the burden in a defense of Entrapment? |
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Definition
Crim Answer 32
NY distinction for entrapment - this is an affirmative defense so Defendant must raise it and prove by preponderance of the evidence. |
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Term
Crim Q26
Jeff called TR a mediocre president. Speaking softly, Oz pointed his revolver at Jeff. It jammed. Oz was struggling to get it working again, Jeff yanked his medieval flail off his wall and clubbed Oz to death with one blow. Self-defense? |
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Definition
Crim Answer 26
Self-Defense does pretty well here. Majority rule allows use of deadly force if the victim reasonably believes deadly force is about to be used on them. Because Jeff lives in NY, however the additional minority rule applies. Minority rule / NY rule requires victim to retreat if safe to do so before using deadly force. Exceptions to this duty of retreat:;1. don't have to retreat from home;2. victim of a rape or robbery;3. if a police officer.;Because they were in Jeff's home, Jeff had no NY duty to retreat, and properly defended himself with deadly force. |
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Term
Crim Q 36
Oz gets frustrated with clerking, and decides to throw his boss into the US side of Niagara Falls because of all the conservative decisions Oz is forced to write. What degree of murder will Oz be charged with if he is successful and caught? |
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Definition
Crim Answer 36
Oz will be charged with First Degree Murder. In NY, first degree murder is very narrow, requiring 1. intentional killing and 2. special circumstances. One of those special circumstances is when a victim is killed because he is a judge. Oz killed his boss because of his actions as a judge, and did it in NY, so he will be charged with First Degree Murder. |
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Term
Crim Question 38
Lemerson recklessly rode her horse through the law school cafeteria blindfolded and unintentionally killed Jeff. With what degree of murder or manslaughter will she be charged? |
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Definition
Crim Answer 38
Second Degree Manslaughter. In NY, killing through recklessness is second degree manslaughter. Riding a horse blindfolded through a cafeteria is reckless. Because the cafeteria is in New York, and she did not intend to kill anybody, Lemerson will be charged with second degree manslaughter. |
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Term
CrimQ27
Ruth kung-fu kicks Emily in the atrium. After scuffing her Chus, Ruth wails "I'm done with this fight" & hides under Safia's desk. Emily finds her and is about to kick Ruth, who karate-chops Emily, breaking her leg. Can Ruth claim self-defense? |
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Definition
Crim Answer 27
Even though she was the original aggressor, Ruth can claim self-defense for the leg-break thing. Only give original aggressor defense of self-defense if original aggressor (i) withdraws & (ii) communicates the withdrawal. Because force was about to be used on her, Ruth properly responded with non-deadly force. |
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Term
Crim Q29
Ru decided to burn down his home. Groggy from a flight from Miami, Ru mistakenly walked into Lemers's house, truthfully thinking it was his NYC apartment, and burned it to a crisp. Can Ru use a mistake of fact defense to a charge of Arson? |
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Definition
Crim Answer 29
No. Arson is a crime that requires the mental state of Malice, so a mistake of fact defense will only work for reasonable mistakes. Mistaking a Connecticut house for a New York apartment, no matter how honest, is not reasonable. Ru will not be able to use a mistake of fact defense. |
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Term
CrimQ30
Ru decided to go home to sell his least favorite D&G sunglasses. Groggy from a flight from Miami, Ru mistakenly walked into Lemerson's house, truthfully thinking it was his NYC apartment, and took her Dior sunglasses. Mistake of Fact Defense? |
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Definition
Crim Answer 30
Yes. Any mistake, reasonable or not, no matter how silly, can be used as a defense to a specific intent crime. Since Ru truthfully mistook her home for his, and her Diors for his D&G, no matter how absurd, he can avail himself of a Mistake of Fact defense. |
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Term
Crim Q 33
After too much wine, Ruth thought she lost her camera at the Law Prom. Abe came by with the camera and Ruth took a swing at him, but missed. Under the "threat" theory of assault, can Ruth's intoxication defense work? |
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Definition
Crim Answer 33
No. In a "threat" theory jurisdiction, assault is a general intent crime. Ruth's voluntary intoxication is not a defense to her assaults.
Voluntary intoxication is only a defense to assault in an "attempted battery" theory jurisdiction, which treats assault as a specific intent crime. |
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Term
Crim Q35
Jeff came home to find Elissa in bed with Josh Holloway. (Josh was on her "list.") Blindly enraged, Jeff went out and won the trivia contest at the local bar. He came back and smothered the sleeping Elissa with a pillow. Manslaughter? |
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Definition
Crim Answer 35
No. Voluntary manslaughter requires provocation into the heat of passion. The trivia game was ample time for Jeff to cool off. Jeff will be charged with murder. |
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Term
Crim Q37
Which is not a special circumstance for 1st Degree Murder in NY: serial murder, cop killing, witness killing, contract killing, priest killing, killing while fleeing a robbery, torture killing, teacher killing, sex abuse killing, killing at se |
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Definition
Crim Answer 37
priest killing, teacher killing, killing at sea are not "special circumstances" in NY to bring a charge of first degree murder. |
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Crim Q39
Ruth took Abe's hat at Fordham before going to Prom, so he threw a box of journals at her to break her foot. The box caused Ruth to fall and she was impaled on her pen and died. With what degree of murder or manslaughter will Abe be charged? |
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Definition
Crim Answer 39
First degree manslaughter. In New York, first degree manslaughter is a killing with intent to do serious bodily injury, or voluntary manslaughter (provoked killing from passion). Because Abe intended to seriously harm Ruth in the foot, his accidentally killing her will be charged as first degree manslaughter. |
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Crim Q 40
Emily got drunk on a bad date. When the guy pulled out his wallet to pay, Emily wrenched it out of his hands and ran away, running over a busboy and accidentally killing him with her stilettos. Murder? Manslaughter? Degree? Best defense? |
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Definition
Crim Answer 40
Emily will be charged with murder in the second degree. Robbery is a felony, and a killing while fleeing from a felony is felony murder. In New York, felony murder is Murder in the second degree, unless the killing is intentional, which is a special circumstance bumping it up to first degree. Emily robbed her date, and accidentally killed a busboy while fleeing, so she will be charged with second degree murder/felony murder. Emily's best defense will be voluntary intoxication as a defense to the underlying felony of robbery. If a defendant has a defense to the underlying felony, then it is also a defense to felony murder. Robbery is a specific intent crime, and intoxication is a defense to it. Since Emily was drunk, she can use a voluntary intoxication defense to the charge of robbery, and defend against the felony murder charge. |
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Term
Crim Question 41
Lemerson blindfolded herself, then rode her horse down the hall and right at Safia's desk. Safia was trampled to death. Can Lemerson be charged with both Intentional Murder and Depraved Indifference Murder? |
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Definition
Crim Answer 41
No, the prosecutor must choose one theory of second degree murder or the other. When it is a one-on-one action, it is likely intentional. |
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Term
Crim Question 42
Ruth and Ru robbed Citrus, and Ru shot an ill-dressed tourist to death on the way out the door. What does Ruth have to show to defend a charge of felony murder? |
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Definition
Crim Answer 42
Ruth can raise an affirmative defense to a charge of felony murder if she can prove all of the following:
1. No Homicidal Act: Ruth did not kill or aid in killing the patron
2. No Weapon: Ruth was not armed with a deadly weapon
3. No Belief Others were Armed: Ruth had no reasonable grounds to believe Ru was armed with a deadly weapon and
4. No Belief Others had Intent: Ruth had no reason to believe Ru intended to engage in conduct likely to result in death, like shooting somebody.
Even if Ruth is able to satisfy the affirmative defense to felony murder, she is still responsible for underlying felony |
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Crim Q43
Two little girls were admiring shoes in Christian Leboutin. Overcome by mommy fever for a girl with such astute fashion sense, Ruth abducted one. Assuming rich parents, Safia took the other, demanding $160K for law school debt. What charges? |
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Definition
Crim Answer 43
In New York, abduction someone is second degree kidnapping. First degree kidnapping is abducting someone, plus
(1) a ransom demand,
(2) restraint with intent to commit physical injury, or
(3) the victim dies.
Ruth will be charged with Second Degree Kidnapping, and Safia will be charged with First Degree Kidnapping. |
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Crim Q44
Abe had a lovely date with a woman that didn't end with mere cuddling. When they woke up, Abe was truthfully shocked when she left to get to homeroom on time. For the statutory rape charge, will Mistake of Fact be a better defense than Consent |
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Definition
Crim Answer 44
No, neither will work. Statutory rape is a strict liability crime. Consent is no defense. Mistake of fact is no defense, either. Sorry Abe. |
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Term
Crim Question 45
What are the elements of Larceny? |
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Definition
Crim Answer 45
Larceny is a (1) wrongful taking, including some movement (2) with intent to permanently deprive the owner of the property. |
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Term
Crim Question 46
What is embezzlement? |
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Definition
Crim Answer 46
Embezzlement is the illegal conversion of property in lawful possession.
The classic example is the trustee of a trust fund. |
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Term
Crim Question 47
What is False Pretense? |
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Definition
Crim Answer 47
False Pretense is the conveyance of title based on false representation of present or past facts
False promise of future action is not the basis of false pretense crime. |
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Term
Crim Question 48
Ruth convinces Ru that his D&G sunglasses are counterfeit, and gets him to sell them to her for five bucks. Ru discovers that they were genuine, and calls the cops. What crime is Ruth charged with? |
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Definition
Crim Answer 48
False Pretense is the conveyance of title based on false representation of present or past facts. Because Ruth falsely represented the facts about Ru's sunglasses to compel their sale, she will be charged with False Pretense. |
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Term
Crim Question 49
As Dayna's trusted money manager, Abe deposits half of her paycheck in a checking account, and the other half in a savings account - HIS savings account. What crime is Abe charged with? |
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Definition
Crim Answer 49
Embezzlement is the illegal conversion of property in lawful possession. Because Abe lawfully possessed Dayna's money, but illegally converted it into his account, he will be charged with embezzlement. |
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Crim Q50
Ru endorsed his paycheck at Brit's desk. While Ru's head was turned, Brit hid it where Ru would never look, inside his Sports Illustrated, to deposit it later. Jeff perused the magazine, and the check floated to its original spot. What crime |
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Definition
Crim Answer 50
Brit can be charged with Larceny. Larceny is the carrying away of the personal property of another without their consent, with the intent to permanently deprive the owner of the property. Brit carried away the check when he put it in the Sports Illustrated. Brit demonstrated intent to permanently deprive Ru of his check by putting it in a place he would never look. |
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Term
Crim Question 51
Emily wanted Dayna's prom dress. While Dayna was walking back with it from the dry cleaners on West 63rd, Emily yanked the dress out of her hands, which caused her to break her wrist. What crime? |
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Definition
Crim Answer 51
Second Degree Robbery. In NY, Second Degree Robbery is
(i) forcibly stealing property plus
(ii) either (a) aided by another, or (b) caused physical injury, or (c) displayed a firearm.
Since Emily forcibly stole Dayna's dress and caused her physical injury, she will be charged with Second Degree Robbery. |
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Crim Question 52
Ruth wanted Abe's hat. He wouldn't give it to her, so she wrenched it out of his hands in the Fordham Library and ran away. Abe shouted truthfully, "You're lucky I didn't get hurt!" The hat was an irreplaceable antique. What crime? |
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Definition
Crim Answer 52
Third Degree Robbery. In NY, Third Degree Robbery is forcibly stealing property with no physical injury and no firearms. Since Ruth forcibly stole Abe's hat, but no one was hurt and no firearms were involved, it is Third Degree Robbery. |
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Crim Question 53
Safia used her shotgun to bat Lemerson's extremely rare Pokemon card out of her hand. Safia pocketed it and left Lemerson crying over her broken fingers in the Law Review office. What crime? |
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Definition
Crim Answer 53
First Degree Robbery. In New York, First Degree Robbery is
(i) forcible stealing
(ii) while armed with a deadly weapon and
(iii) causing injury.
Because Safia forcibly stole Lemerson's card while armed with her shotgun and broke Lemerson's fingers, she will be charged with First Degree Robbery. |
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Crim Question 54
Safia confronted Lemerson, sneering "if you don't bring in that extremely rare Pokemon card tomorrow and give it to me, I will whack you in the hand with my shotgun." Lemerson calls the cops. What crime? |
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Definition
Crim Answer 54
Extortion. Extortion differs from robbery in that (i) you don't have to take anything from the person or presence and (ii) the threat is of future harm. |
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Term
Crim Question 55
Jeff punches his way into Abe's apartment to steal his collection of cufflinks. He pockets the whole bunch and hurries out so he can catch the "300" Imax matinee. Has he committed a burglary on the MBE? |
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Definition
Crim Answer 55
No. At common law, and on the MBE, Burglary consists of four elements:
(i) breaking and
(ii) entering
(iii) at night
(iv) with intent to commit felony inside.
Jeff broke and entered with intent to commit the felony of larceny, but did it in the daytime, so it is not a burglary. |
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Crim Question 56
Jeff punches his way into Abe's apartment to steal his collection of cufflinks. He pockets the whole bunch and hurries out so he can catch the "300" Imax matinee. Has he committed a burglary? |
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Definition
Crim Answer 56
Yes. In New York, Third Degree Burglary is breaking and entering or remaining inside any structure at any time with intent to commit any crime. It is bumped to Second Degree Burglary with the addition of one of three aggravating factors:
(1) a dwelling,
(2) injury to a non-participant, or
(3) the burglar is armed.
It is First Degree Burglary if it is
(1) a dwelling and
(2) either (i) injury to a non-participant, or (ii) the burglar is armed.
Because Jeff broke and entered Abe's home with the intent to steal Abe's cufflinks, Jeff will be charged with Second Degree Burglary. |
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Term
Crim Question 57
Safia really wants to burn something big, but doesn't want to get charged with arson. Should she do it in New York, or in a state that follows the common law (and MBE) definition of arson? |
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Definition
Crim Answer 57
Common Law. At common law, arson is the malicious burning of the dwelling house of another. If Safia burned a warehouse, or her own house, in a common law state, it's not arson. But in New York, Arson covers any structure owned by your or not, including smoke, water, and explosive damage. If she burns anything big, it's probably arson. |
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Crim Q58
Oz wandered into Emily's open New York apartment to lay his weary head to rest. While he was on the couch, he saw her infused vodka collection and decided to take it. Later, the cops burst in and arrested him, still on the couch. Burglary? |
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Definition
Crim Answer 58
Yes. In NY, third degree burglary is breaking or entering or remaining inside any structure at any time with intent to commit any crime. Since Oz entered Emily's without intent to commit a crime, his entering did not constitute a burglary. However, once Oz decided to steal her vodka, and stayed on her couch, he had met the requirements of burglary. Because of the aggravating factor of being Emily's dwelling, Oz will be charged with Second Degree Burglary. |
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Crim Q59
Ruth sees a girl drowning in Bethesda fountain. "I'll save you" Ruth hollers. Overcome by all the excitement, Ruth first has a quick smoke. The girl drowns as fifty other people watch and Ruth finishes her cigarette. Did Ruth have a duty? |
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Definition
Crim Answer 59
Yes. Duty can arise in five circumstances:
(1) by statute
(2) by contract
(3) by relationship (e.g., parental, spousal)
(4) Voluntarily assuming a duty of care but failing to do so, and
(5) creation of peril.
Since Ruth volunteered to save the girl, potentially preventing others from saving her, she had a duty to rescue. |
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Term
Crim Question 60
Jeff and Brit went to New Jersey and stole Oz's car in North Bergen. They sold it to a chop shop in Hoboken, and took the ferry back to their homes in New York. Can they be tried for the crime in NY? |
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Definition
Crim Answer 60
No. For jurisdiction, the conduct or result must be in the state. No jurisdiction is based on residence or citizenship. Jeff and Brit can be charged in New Jersey. |
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