Questions and Answers
What is the source of criminal law in Maine?
List the classifications of crimes in Maine.
Murder, Class A, Class B, Class C, Class D, Class E.
Maine requires that all crimes arising out of the same transaction be tried separately.
False
What are the essential elements of crime according to the MPC fault analysis adopted by Maine?
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Solicitation in Maine is restricted to which offenses?
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Renunciation is a defense to solicitation if it is ______, ______, and serves to prevent the commission of the solicited crime.
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A conspiracy in Maine requires that all conspirators have genuine criminal intent.
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What must be alleged and proved for a conviction of conspiracy in Maine?
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How is conspiracy to commit a crime categorized in Maine?
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What is the punishment for an attempt to commit a crime in Maine?
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In Maine, the insanity defense can be barred by refusing psychiatric evaluation.
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Which of the following is NOT a requirement before using deadly force in Maine?
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What is the age of consent in Maine?
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Maine has consolidated various common law property crimes into the single statutory crime of ______.
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What is the punishment for perjury in Maine?
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What is the primary process courts follow for sentencing severe crimes in Maine?
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Study Notes
Source of Criminal Law
- Maine adheres to the minority rule by abolishing common law crimes.
Classification of Crimes
- Crimes in Maine are classified as Murder, Class A, Class B, Class C, Class D, and Class E.
Merger Doctrine
- Crimes stemming from the same transaction must be tried together in Maine.
Essential Elements of Crime: MPC Fault Analysis
- Maine employs the Model Penal Code (MPC) fault analysis, which includes purpose, knowledge, recklessness, and negligence.
Inchoate Offenses - Solicitation (Applicable Crimes)
- Solicitation is applicable only to murder, Class A, and Class B offenses.
Inchoate Offenses - Solicitation (Defenses)
- Renunciation can be a defense if it is complete, voluntary, and serves to prevent the solicited crime.
- Impossibility of conviction is not a defense if the solicited person is immune due to lack of culpability, immaturity, or incapacity.
Inchoate Offenses - Conspiracy (MPC / Unilateral Approach)
- A conspiracy requires only one guilty mind; the genuine intent of all conspirators is not necessary for prosecution.
Inchoate Offenses - Conspiracy (Overt Act)
- Conviction of conspiracy requires proof of a substantial step toward the commission of the crime, demonstrating intent.
Inchoate Offenses - Conspiracy (Defenses)
- A defense to conspiracy exists if the defendant would have been immune from prosecution based on the crime's elements or as an accomplice.
Inchoate Offenses - Conspiracy (Punishment)
- Conspiracy to commit a crime is classified one class lower than the underlying offense, with exceptions for murder and Class E offenses.
Inchoate Offenses - Attempt (Abandonment)
- Abandonment is a defense if it is complete, voluntary, and effectively prevents the crime.
- For conspiracy termination, resignation must be communicated to law enforcement and co-conspirators.
Inchoate Offenses - Attempt (Punishment)
- Attempt to commit a crime is categorized one class lower than the underlying offense, similar to conspiracy rules.
Responsibility & Criminal Capacity - Insanity (ALI / MPC Test)
- Maine recognizes insanity under the first prong of the MPC test, where defendants are not responsible if they lacked substantial capacity to appreciate wrongdoing due to mental illness.
Responsibility & Criminal Capacity - Insanity (Pretrial Psychiatric Examinations)
- Refusal to undergo a psychiatric evaluation can bar a defendant from raising an insanity defense.
Responsibility & Criminal Capacity - Insanity (Bifurcated Trial)
- Defendants can choose whether to bifurcate their trials.
Principles of Exculpation - Justification (Self-Defense w/ Non-Deadly Force)
- Reasonable non-deadly force is permissible when the defendant believes unlawful non-deadly force is imminent, unless provoked.
Principles of Exculpation - Justification (Self-Defense w/ Deadly Force)
- Deadly force is justified against imminent threats of deadly force in specific serious crimes like kidnapping and burglary.
Principles of Exculpation - Justification (Retreat)
- A defendant must retreat safely before using deadly force, except in their dwelling or if not the initial aggressor.
Principles of Exculpation - Justification (Defense of a Dwelling)
- Deadly force to defend a dwelling does not require a tumultuous entry from the assailant, and commands to cease trespassing are expected unless dangerous.
Principles of Exculpation - Justification (Public Policy)
- Healthcare providers are not liable for legally ceasing life-support care.
Principles of Exculpation - Other Defenses (Consent)
- Consent is not a defense for crimes causing bodily harm unless certain conditions regarding injury are met.
Principles of Exculpation - Other Defenses (Statute of Limitations: General Rule; No Limitation Crimes)
- Various time limits apply based on crime class, with no statute for incest, rape of minors under 16, and murder.
Offenses against the Person - Naming
- Assault is referred to as criminal threatening; battery is termed assault in Maine.
Offenses Against the Person - Assault (Elements; Class of Crime)
- Assault involves reckless behavior causing bodily harm or offensive contact, punished as Class C or D based on victim age.
Offenses Against the Person - Aggravated Assault (Rule; Punishment)
- Aggravated assault includes causing serious injury; it can be punished as Class A or B based on the severity.
Offenses Against the Person - Criminal Threatening (Elements)
- The crime involves knowingly placing someone in fear of imminent bodily injury.
Offenses Against the Person - Homicide (Classes)
- Homicide in Maine includes murder, felony murder, and manslaughter classifications.
Offenses Against the Person - Homicide (Manslaughter: Merger; Elements; Punishment)
- Manslaughter does not differentiate between voluntary and involuntary types, with potential for Class A punishment.
Offenses Against the Person - Felony Murder (Felonies that Qualify)
- Felony murder charges may arise from crimes such as robbery, arson, and kidnapping.
Offenses Against the Person - False Imprisonment (Naming)
- False imprisonment is called criminal restraint in Maine.
Offenses Against the Person - Stalking (Elements; Punishment)
- Stalking involves knowingly causing distress or fear, categorized as a Class D crime.
Offenses Against the Person - Terrorizing (Elements; Punishment)
- Communicating a violent threat qualifies as terrorizing, with penalties based on fear induced or evacuation caused.
Offenses Against the Person - Sex Offenses - Rape (Naming)
- Maine's rape statute has transitioned to a detailed gross sexual assault statute.
Offenses Against the Person - Gross Sexual Assault (List)
- Acts constituting gross sexual assault include engaging in sexual acts with minors, using compulsion, or exploiting mental incapacity.
Offenses Against the Person - Gross Sexual Assault (Against a Spouse)
- Gross sexual assault convictions can occur for non-consensual acts between spouses under compulsion.
Offenses Against the Person - Statutory Rape (Age of Consent)
- The legal age of consent in Maine is set at 14 years.
Offenses Against the Person - Sexual Abuse of a Minor (Elements; Defense; Punishment)
- Sexual abuse can occur if the victim is 14 or 15 and the perpetrator is more than five years older; defenses exist based on reasonable belief of the victim's age.
Offenses Against the Person - Unlawful Sexual Conduct (Rule)
- Traditional indecent liberties laws have been replaced by unlawful sexual conduct statutes including parent-child sexual crimes.
Offenses Against the Person - Bigamy
- Bigamy is intentional remarrying while knowing one is ineligible, classified as a Class E crime.
Property Offenses - Theft (Consolidation of Common Law Crimes)
- Maine has merged various property crimes into the singular crime of theft.
Property Offenses - Theft By Deception (Elements; Deception Defined; Punishment)
- Theft by deception includes obtaining property through false impressions with different levels of punishment based on the amount involved.
Property Offenses - Forgery (Merger; Expansion)
- Forgery in Maine encompasses both forgery and the dissemination of forged instruments into a unified crime.
Offenses Against the Habitation - Burglary
- Burglary involves unauthorized entry into a structure with intent to commit another crime.
Offenses Against the Habitation - Causing a Catastrophe (Elements - Regular; Elements - Terroristic Intent; Punishment)
- Causing a catastrophe can result from reckless actions leading to significant damage or injury, classified as a Class A crime under specific conditions.
Offenses Against the Habitation - Criminal Trespass (Elements)
- Criminal trespass involves knowingly entering areas where one is not permitted, including locked structures and properties marked as off-limits.
Offenses Involving Judicial Procedure - Perjury / False Swearing
- Perjury in Maine relates to false statements affecting legal proceedings and is classified as a Class C crime, while false swearing pertains to immaterial falsehoods and is treated as a Class D crime.
Sentencing - Process
- Sentencing for serious crimes involves a three-step process detailing basic terms, maximum periods considering numerous factors, and finalizing suspended sentences and probation periods.
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Description
Test your knowledge of Maine's criminal law principles. This quiz covers sources of criminal law, classifications of crimes, and the merger doctrine applicable in the state. Enhance your understanding of how Maine approaches criminal offenses uniquely.
