NC Bar Exam
|Accessory Before the Fact|| - NC has abolished the CL distinction between accessories before the fact and principals.|
- Every person who would have been guilty as an accessory before the fact to any felony is guilty and punishable as a principal to that felony.
|Solicitation|| - Punishment for solicitation: In NC, a person who solicits a felony is guilty of a felony that is two classes lower than the felony the person solicited the other person to commit. |
- A person who solicits a misdemeanor is guilty of a class 3 misdemeanor.
|Conspiracy|| - In NC, a person who is convicted of conspiracy to commit a felony or misdemeanor generally is guilty of a felony or misdemeanor that is one class lower than the crime he conspired to commit.|
- The crime of conspiracy is completed once an agreement is reached (an overt act is NOT necessary).
|Attempt: Traditional Rule-Proximity Test|| - NC follows a proximity test the act establishing liability for an attempt must be more than mere preparation but need not be the last act.|
- Guilty of a felony or misdemeanor that is one class lower than the crime attempted.
|Insanity Defense M'Naghten Rule|| - NC follows the M'Naghten right-wrong test.|
- In NC, the defendant bears the burden of proof on the question of insanity and must prove his insanity "to the satisfaction of the jury."
|Voluntary Intoxication||- Murder in the first degree based on premeditation and deliberation is a specific intent crime; hence, voluntary intoxication may mitigate the crime to second degree murder if it rendered the defendant utterly incapable of forming a deliberate and premeditated purpose to kill.|
- Intoxication is NOT a defense to sexual offenses because intent is inferred.
o However, Intent is an essential element of attempted rape, and intoxication may be a valid defense to that crime.
|Infancy||- NC gives the district court exclusive, original jurisdiction over any case involving a juvenile (under 18) who has committed a criminal offense.|
- NC allows the court to transfer jurisdiction to the superior court if the juvenile is 13 or over and allegedly commits a felony.
- If the alleged crime is Class A felony, the court MUST transfer the case to superior court for trial.
|Right of Aggressor to Use Self-Defense|| - Sudden Escalation In NC, even though the deceased "escalated" the fight into a deadly one, the fact that the D was responsible for starting the fight means that she is not absolved of all criminal responsibility. |
o In this situation, the doctrine of imperfect self-defense is recognized (see below).
|Relationship with Person Aided|| - NC adheres to the view that the person may only take a life in defense of another who stands in a family relationship to him.|
- In NC, one may kill in defense of his family when not actually necessary to prevent death or great bodily injury if he reasonably believes it is necessary.
|Defense of a Dwelling-Deadly Force||- Personal Danger Use of deadly force is justifiable where the person reasonably apprehends the intruder may kill or inflict serious bodily harm to the person or others in the dwelling.|
- Imperfect Self-Defense NC recognizes the "imperfect self-defense" doctrine, under which a murder may be reduced to manslaughter even though:
o (1) The defendant was at fault in starting the altercation; or
o (2) The defendant unreasonably but honestly believed in the necessity of responding with deadly force.
|Common Law Requirement-"Year and a Day" Rule||- The "year and a day" rule is no longer part of the common law of NC for any purpose.|
|Kidnapping||- Any person who unlawfully confines, restrains, or removes from one place to another any person 16 or older without that person's consent, or any other person under 16 without the consent of a parent or legal custodian of such person, is guilty of kidnapping if such confinement, restraint, or removal is for the purpose of:|
o (1) Holding such person for ransom or as a hostage or using such person as a shield;
o (2) Facilitating the commission of a felony or facilitating flight of any person following the commission of a felony;
o (3) Doing serious bodily harm or terrorizing the person so confined, restrained, or removed or any other person; or
o (4) Holding such person in involuntary servitude.
|Kidnapping (cont'd)||- This statute makes kidnapping in NC a specific intent crime.|
o The state must allege and prove that the kidnapping was for one of the specific purposes enumerated in the statute.
o The statute eliminates the common law requirement of asportation or movement.
- A defendant who restrains a victim in the course of committing a felony may not be charged with kidnapping if restraint is an inherent part of the felony being committed.
- False imprisonment is a lesser included offense of kidnapping.
o Kidnapping has the added element of a statutorily enumerated purpose of the restraint.
|Rape||o NC's rape statute defines the offense and divides it into two degrees.|
|o First Degree Rape:||A person is guilty of first degree rape if the person engages in vaginal intercourse under the following circumstances:|
o (1) With another person by force and against the will of the other person, and:
(a) Employs or displays a deadly weapon or an article that the other person reasonably believes to be a dangerous or deadly weapon;
(b) Inflicts serious personal injury upon the victim or another person; or
(c) Commits the offense aided or abetted by one or more other persons.
o (2) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and at least four years older than the victim.
|Second Degree Rape||A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:|
o (1) By force and against the will of the other person; or
o (2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless
|Larceny|| o Punishment Generally the larceny of property worth less than $1000 is a misdemeanor.|
o Abandoned or Lost Property In NC, there may be larceny of lost property if, at the time of taking, the finder takes it with the intention of stealing it.
|Robbery||o A differentiation is made between armed robbery and common law robbery. |
o Armed robbery is defined as the taking or the attempt to take personal property from another by the use or threatened use of any firearm or other dangerous weapon. Mere possession of a firearm during a robbery does not satisfy the threat requirement.
o NC eliminates the taking requirement.
o The offense is complete when the defendant attempts to take property by force.
o Moreover, the statute makes any taking or attempted taking robbery if it is from any place of business, residence, or banking institution or any other place where there is a person or persons in attendance.
|Burglary - Card 1||o A "breaking" is defined as any force, however slight, employed to effect an entrance through any usual or unusual place of ingress, whether open, partly open, or closed. |
o Thus, opening a door may constitute a breaking, as may unlocking a door with a key or opening a closed, but unfastened, window.
o The statute proscribes the breaking and entering of any building with an intent to commit a felony or larceny therein (but it is a lesser included offense).
|Burglary - Card 2||o Any person who enters the dwelling house of another with intent to commit a felony or larceny therein, or, in such dwelling house, commits any felony or larceny therein, and in either case breaks out of such dwelling house in the nighttime, is guilty of burglary.|
o NC also proscribes breaking and entering railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft.
|Burglary - Card 3||o Entry required but the entry may consist of the insertion of any part of the body into the building for the purpose of committing a felony. |
o Also, the entry may be by instrument.
o Requirement of Nighttime Burglary can be committed only during the nighttime, defined as that period during which the countenance of a person could not be discerned except by moonlight or artificial light.
|Burglary - Card 4||o "For purposes of defining the crime of burglary, larceny shall be deemed a felony without regard to the value of the property in question."|
o First Degree Burglary: If the crime is committed in a dwelling house, or a room used as a sleeping apartment in any building, and any part of the dwelling house or sleeping apartment is actually occupied at the time the crime is committed, it is burglary in the first degree.
|Perjury||In NC perjury is a felony.|