In Rosemond v. US (2014), the dissenting opinion criticized the majority for improperly shifting a potential necessity or duress affirmative defense to the prosecution. 

At common law, there were 4 permissible provocations for a murder charge to be reduced to manslaughter. Describe the 4 provocations and provide an example for each. Why would the law want to recognize these provocations? In other words, explain the justification behind reducing a charge from murder to manslaughter. 

In Kansas v. Morton (2004), which of the following best describes why the appellate court initially reversed the conviction remanded the case to the trial court?

Which type of law did early English customs help develop in the United States?

In Morissette v US, _____________ was not a sufficient mens rea to hold the defendant criminally responsible, but it was sufficient in Lambert v. California. 

Which of the following sentences best represents the goal of restraint (incapacitation) in criminal punishment?

In the densely populated Jackson Heights housing complex, three rival gang members—Andre, Malik, and Sean—encounter each other one afternoon on a pedestrian plaza surrounded by apartment buildings, shops, and a nearby elementary school. The three have a long-standing feud, and each is carrying a firearm. Upon spotting one another, they exchange verbal taunts and begin moving toward each other. Witnesses later report that the plaza was busy with families, school children, and elderly residents at the time. Rather than retreat or disengage, all three draw their weapons and begin firing. The gun battle lasts approximately 30 seconds, with more than a dozen shots fired. During the exchange, Malik is killed. Ballistics cannot determine whose bullet killed Malik. At trial, prosecutors charge Andre and Sean with second-degree depraved indifference murder and argue that each intentionally aided the others by willingly engaging in mutual combat that created a grave risk to bystanders. The defendants each argue self-defense, claiming they only fired after being shot at and that they feared for their own lives. Assuming the jurisdiction follows the same legal standards as New York in NY v. Burroughs, analyze whether each defendant could be found guilty of second degree depraved indifference murder. Consider the applicability of complicity and the viability of their self-defense affirmative defenses based on the duty to retreat in NY.  Would it matter if one of the defendants had clearly attempted to walk away before shots were fired? Why or why not?

Tina and Marcus are close friends who often spend time together. One day, Marcus and his coworker Neil agree to steal high-end electronics from their employer’s warehouse. Tina is not part of this conversation. Over the next week, Tina drives Marcus to the warehouse several times but never enters the building or helps carry any items. She notices Marcus often leaves the warehouse with suspiciously large boxes, but she never asks questions. At one point, she helps Marcus move several boxes into his apartment but does not open them or discuss the contents. Tina is later charged with conspiracy to commit theft.

Which of the following best distinguishes criminal law from civil law?

Police stop a car for speeding, then ask the driver and two passengers to step out of the car so they can search it. The police find methamphetamine under the rear seat. All occupants of the car deny knowing that the drug was there. Which of the following statements is accurate?