Crim Law (2nd Half)

The correct answer is sustained, because the police officer reasonably believed the stranger was planning to kill him and that deadly force was required. In this scenario, the police officer was accosted by a stranger who pulled out a knife, screamed obscenities, and threatened to kill him. Given the stranger's aggressive behavior and the officer's reasonable belief that his life was in imminent danger, the use of deadly force can be justified as self-defense. The officer acted out of fear for his life and had no other reasonable option to ensure his safety.

The wife could be found guilty of attempted murder of the husband because she intended to kill him by lacing the wine with cyanide. Additionally, she could be found guilty of murder or manslaughter of the maid because her actions indirectly caused the maid's death. Although the wife changed her mind about killing the husband, her decision to hide the glass of wine behind a lamp ultimately led to the maid drinking it and dying from cyanide poisoning.

The correct answer is No, because Darla reasonably believed that the man was about to use deadly force against Olive. Darla's actions were based on her genuine belief that Olive's life was in immediate danger. She saw the man holding up a dark object and pointing it at Olive's face, which she reasonably interpreted as a gun. In the heat of the moment, Darla used her permit to carry a small pistol in an attempt to protect Olive from harm. Although it was later revealed that the man was actually threatening Olive with pepper spray, Darla's belief at the time was reasonable given the circumstances. Therefore, she should not be convicted of homicide.

The homeless woman could properly be convicted of trespass because she broke into the basement of a hotel without permission. While she did engage in a physical altercation with the security guard, the most serious crime she could be charged with would be trespass, as her actions did not meet the criteria for aggravated assault or burglary.

The correct answer is guilty, because he was close enough to entering the property and he had the necessary state of mind. The man had the intention to commit a crime of violence, which is entering the poker player's property with the intention of shooting him. The fact that he was arrested just before setting foot on the property does not negate his intent and the proximity to the crime. The statute is designed to protect the public from violence, and the man's dangerous intentions make him liable for attempting to violate the statute.

The correct answer is guilty of attempted murder because he was not aware of the limited range of his pistol. Despite the defendant's intention to kill his neighbor, the fact that he was not aware of the limited range of his pistol does not absolve him of the crime. The defendant's actions, including firing five shots at his neighbor, demonstrate his intent to cause harm and potentially kill his neighbor. Ignorance of the limited range of his weapon does not excuse his culpability in attempting to commit murder.

The court should not grant the motion for a judgment of acquittal on grounds of insufficient evidence because a jury could reasonably conclude that both the woman and her sister agreed to import cocaine. The fact that they were both carrying bottles with liquid cocaine and the woman's statement about there being too many officers at the airport suggest their involvement in a conspiracy. The evidence points towards their joint participation in the crime rather than separate crimes of cocaine possession.

The correct answer is that the drug dealer should not be convicted because he had not taken sufficient acts toward the commission of the crime. In order to be convicted of attempted possession of cocaine, the drug dealer would have needed to take substantial steps towards obtaining the cocaine, such as making arrangements or taking physical possession. In this case, the drug dealer only expressed a willingness to obtain the cocaine and agreed to meet again in the future, but no concrete actions were taken. Therefore, there is not enough evidence to prove that he had attempted to possess the controlled substance.

The correct answer is yes because Visalia was not predisposed to buy the gun. This means that she did not already have a strong inclination or intention to purchase a firearm for illegal purposes. The fact that Pat persistently followed and pressured her, and only revealed his true identity after she handed over the money, suggests that he induced her to commit the crime. Entrapment occurs when law enforcement officers induce someone to commit a crime they would not have otherwise committed. In this case, Visalia's recent release from prison for illegal gun trafficking does not prove that she was predisposed to commit the same crime again.

The defendant is not guilty of robbery because he did not take the papers by means of force or fear. Although the defendant took the victim's wallet and money, the act of taking the identification papers was not done through force or fear. While the defendant's actions may be morally wrong, they do not meet the legal criteria for robbery.

The defendant should not be convicted because he had no obligation to retreat before resorting to non-deadly force. In this case, the evidence shows that the defendant was confronted by the husband and threatened with physical harm. The defendant warned the husband not to come any closer, but when the husband raised his fists menacingly, the defendant used pepper spray to defend himself. Since the defendant used non-deadly force in response to a perceived threat, he did not have a duty to retreat before defending himself.

The defendant could be found guilty of embezzlement because he sold the ring without the plaintiff's consent and used the proceeds for his own benefit. Embezzlement involves the fraudulent conversion of someone else's property by a person who was entrusted with that property. In this case, the defendant was entrusted with the ring as collateral for the loan, but instead of returning it to the plaintiff, he sold it for his own gain. This action constitutes embezzlement.

The man's best defense would be that the liquor store was open to the public. This defense is based on the fact that the statute defines burglary as breaking and entering a building or structure with the intent to commit a felony or steal therein. Since the liquor store was open to the public, the man may argue that he did not have the intent to commit a felony or steal, as he could have simply entered the store as a regular customer. Therefore, he may argue that he should not be charged with burglary.

The correct answer is convicted, because the offense was completed before his attempt to withdraw. Although the man changed his mind before making the payment and the act was not ultimately carried out, the offense of solicitation to commit murder was already completed when the man made the agreement with the undercover officer and discussed plans and payment. The fact that the undercover officer agreed to commit the offense does not absolve the man of guilt, as he willingly initiated the conversation and expressed his intent to hire someone to commit murder.

The most serious crime the customer committed is larceny by trick. Larceny by trick is a form of theft where the perpetrator uses deceit or trickery to obtain someone else's property. In this scenario, the customer falsely claimed to be the son of the mayor and gained the clerk's trust, allowing him to walk out of the store wearing the watch without paying for it. This action clearly falls under the category of larceny by trick as the customer used deception to unlawfully obtain the watch.

The man is guilty of burglary and larceny because he unlawfully entered his neighbor's house with the intention of stealing the silverware. Although he had second thoughts and decided not to go through with the theft, the act of unlawfully entering the house and picking up the chest of silverware constitutes burglary. Additionally, the act of taking the silverware with the intention of selling it constitutes larceny. Therefore, the man is guilty of both offenses.

The best argument for acquittal is that the homeowner and the man did not intend to commit burglary. Although the homeowner promised to pay the man to take the silverware, he made it clear that the silverware was legally his and his wife would object to selling it. The man, deceived by the similarity of the houses, went to the wrong house and found the silverware where the homeowner had indicated. This suggests that their intention was not to commit burglary, but rather to carry out a transaction involving the homeowner's own property.

The correct answer is "No." In this scenario, Dora intentionally destroyed another person's property, which is a crime according to the state law. The fact that she was threatened by intoxicated adults does not provide a valid defense for her actions. Duress, necessity/choice of evils, and mistake about the value of the property do not apply in this case. Dora's actions were intentional, regardless of the circumstances, and she would not have a defense against the charge.

The correct answer is murder in the second degree, because the defendant's act posed a great threat to human life. This is because the defendant knowingly pointed a loaded gun at the victim and pulled the trigger, even though the gun had previously jammed. This act demonstrates a reckless disregard for human life and meets the criteria for murder in the second degree, which is a killing with malice aforethought but without premeditation and deliberation.

In this case, the conviction for robbery is least likely to be upheld because there was no use of force or threat of force. The defendant simply took advantage of the victim's drunken state and removed the phone from his pocket without his knowledge. Additionally, the defendant's actions after taking the phone, pretending to be insulted and slapping the victim, do not change the fact that force was not used during the robbery.

The defendant has likely committed embezzlement. Embezzlement is the fraudulent conversion of another person's property by someone who is in a position of trust or responsibility over that property. In this case, the defendant, as the pawnshop owner, had possession of the plaintiff's diamond ring and sold it without the plaintiff's knowledge or consent. The defendant took advantage of their position as the pawnshop owner to convert the plaintiff's property for their own benefit.

The most serious crime for which the woman could be convicted is attempted murder. Although the neighbor died as a result of his fall, the hit man intentionally shot him twice in the chest, indicating a clear intent to kill. The fact that the neighbor died instantly does not negate the hit man's intention. Therefore, the woman's promise to pay the hit man to kill her neighbor, and the subsequent payment after the shooting, demonstrate her involvement in the attempted murder.

The neighbor is not guilty of attempting to sell cocaine because they did not actually sell cocaine or any illegal substance. However, the defendant is guilty of attempting to sell cocaine because she believed the white powder she was selling was cocaine, even though it turned out to be something else.

The correct answer is Yes, because the woman believed that she had an agreement with the man that would bring about the competitor's death. This is because the woman contacted the man with the intention of hiring him to commit murder, offering him a large sum of money for the job. Despite the fact that the man was an undercover police officer and did not actually intend to carry out the murder, the woman's belief and intent to conspire to commit murder make her guilty of conspiracy. The fact that she made a substantial payment of $25,000 further demonstrates her intent and involvement in the conspiracy.

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The jury could properly return a verdict of either robbery or larceny because the victim testified that the defendant threatened her with a knife, grabbed her purse, and ran off with it, indicating a robbery. However, the bystander testified that he did not see a knife or hear any threats, suggesting that the defendant may have committed larceny instead. Based on this conflicting evidence, the jury could reasonably conclude that the defendant was guilty of either robbery or larceny.

The woman honestly believed that the device would cure arthritis, but her belief was unreasonable. This statement does not absolve the inventor of guilt because even though the woman's belief was unreasonable, the inventor still made false claims about the device's ability to cure arthritis and obtained money from her under false pretenses.

The most serious offense for which the woman could be convicted is murder. This is because she fired shotgun rounds into the air with the knowledge that it could cause harm or death to others. Despite her intention not to kill anyone, her actions resulted in the death of her best friend. This meets the criteria for murder, which is the intentional killing of another person, even if it was not premeditated.

In this scenario, Didi is charged with first-degree murder because she intentionally and premeditatedly killed the teacher. Although she was threatened by the gang and felt compelled to commit the act to save her own life, the defense of duress may not apply in this case. Duress typically requires the threat to be immediate and imminent, and the harm caused must be proportional to the threat. In this situation, Didi had the opportunity to seek help or report the threat to the authorities instead of resorting to murder. Therefore, the defense of duress may not be applicable, and Didi should be found guilty of first-degree murder.

The woman is most likely not guilty because the possession charge requires the intent to use the tools to commit a crime. The fact that she had the tools in her trunk does not prove that she intended to use them for burglary. The presence of the tools alone does not establish her guilt, as there could be other legitimate reasons for having those tools in her possession. Therefore, without evidence of intent, she cannot be convicted on the possession charge.

The defendant's actions do not fit the criteria for involuntary manslaughter, as involuntary manslaughter typically involves unintentional killing as a result of reckless or negligent behavior. Similarly, the defendant's actions do not meet the criteria for voluntary manslaughter, as voluntary manslaughter typically involves intentional killing in the heat of passion or as a result of adequate provocation. The defendant's actions may be considered self-defense or justifiable homicide, but they do not meet the criteria for murder, as murder typically involves intentional killing with malice aforethought. Therefore, none of the above options are the most serious offense of which the defendant could be properly convicted.

The driver cannot assert a necessity defense because he contributed to or caused the threat by not replacing the brakes on his car as advised by the mechanic. By delaying the maintenance appointment, he knowingly put himself and his passengers in danger. The necessity defense typically requires that the defendant did not contribute to or cause the threat they were trying to avoid. In this case, the driver's negligence in maintaining the brakes led to the situation where he had to choose between crashing into the barn or risking going off the cliff.

The woman can be convicted of robbery or larceny. She used the threat of violence to coerce the clerk into giving her money, which meets the definition of robbery. Additionally, she took the money without the consent of the owner, which meets the definition of larceny.