Common Law crimes

Question 1

Forms of control : Title

Answer 1

Legal ownership. implies possession (highest)
Car

Question 2

Forms of control: possession

Answer 2

Full dominion and control over the property. Doesn’t require legal title or ownership
Title in friends name. drive it across country

Question 3

Custody

Answer 3

Physical control without full dominion over someone else’s property (lowest)

Question 4

MR for theft

Answer 4

have to intend the taking + intent to permanently deprive1 owner of property

Question 5

Larceny

Answer 5

Unlawful taking of property in someone else’s possession with intent to permanently deprive owner of their property

Question 6

Larceny AR

Answer 6

Taking and Carrying away of the property of another
: D must intend to deprive at the TIME of Larceny.

Question 7

Larceny MR

Answer 7

urposeful taking (GI) + with the specific intent to permanently deprive the owner of their property (SI)
Cant be intent to borrow
Mistake of Fact – can negate the MR necessary for the offense if jury believes honest belief

Question 8

Robbery:

Answer 8

All the elements of Larceny + the taking must be from the person or presence of the victim (meaning an area within his control); AND the taking must be accomplished by force or threat of force that places the victim in actual fear at the time of the taking

Question 9

Robbery AR

Answer 9

taking and carrying away of the property of another, from the victim or presence of victim, accomplished by force or threat of force that places victim in actual fear

Question 10

Robbery MR

Answer 10

purposeful taking with specific intent to permanently deprive owner of their property

Question 11

Aggravated Robbery

Answer 11

Aggravated – robbery is committed with a deadly weapon or serious bodily injury occurs in the course of a robbery

Question 12

Embezzlement

Answer 12

The unlawful conversion3 or misappropriation4 of the tangible personal property of another by one who is already in lawful possession (Custody) of that property with the intent to permanently deprive

Question 13

Embezzlement: AR

Answer 13

Purposeful Unlawful conversion

Question 14

Embezzlement: MR+ AC

Answer 14

specific intent to permanently deprive + intent to convert (AR)
AC: Tangible personal property

Question 15

Taking property by fraud : False Pretenses

Answer 15

A false representation of a present or past material fact by the D which causes the victim to pass title to his property and intends thereby to defraud the victim and permanently deprive
The crime of obtaining title / legal ownership of the property of another through fraud with the intent to permanently deprive

Question 16

Larceny Trick:

Answer 16

Taking mere possession of the property of another by knowingly making false representations as to material facts or making false promises with the intent to defraud and permanently deprive the owner of their property

Question 17

Battery

Answer 17

unlawful application of physical force to another person resulting in either bodily injury or an offensive touching done with purpose, knowledge, or recklessness

Question 18

Battery AR

Answer 18

Harmful OR Offensive Touching
Does not have to be direct touching. Can be indirect touching (spray with acid, sic dog on a victim)

Question 19

battery MR

Answer 19

Purpose, Knowledge OR Recklessness
General Intent = prove intent of conduct, NOT a particular result. Don’t have to prove harm or offense was intended. Just that they intended the physical touching that ENDED UP being harmful or offensive

Question 20

Aggravated Battery: can prove certain attendant circumstances exist.

Answer 20

Typically circumstances where – D caused serious bodily injury or a deadly weapon was used or battered a particular category of people. Take your victim as you find them. It can be raised from battery to aggravated battery

Question 21

Assault

Answer 21

(1) An attempted Battery ;(2) An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact

Question 22

Assault hypo

Answer 22

1. Michelle threatened Carlos with a knife, telling him she was going to cut him with it, although she never actually made contact with his body. -> ASSAULT, yes if he is in fear bc there is an imminent danger.
2. Michelle was standing behind Carlos with a knife and whispered to a friend she was going to cut Carlos, but Carlos didn’t find out about this threat until the next day, when the friend informed him of it. -> NOT ASSAULT in actual fear but after the fact, after the AR

Question 23

Assault AR

Answer 23

any action, other than words alone, that threaten to injure the victim OR a substantial step towards battery

Question 24

assault MR

Answer 24

intent to commit the AR with specific intent to harm OR create reasonable fear in the victim. Assault is a specific intent crime.

Question 25

Kidnapping:

Answer 25

the unlawful confinement and movement of a victim by force, threat of force, or deception

Question 26

Burglary

Answer 26

Common Law Definition: breaking and entering of the dwelling house of another at nighttime with the intent to commit a felony inside

Question 27

burglary AR

Answer 27

Breaking and Entering

Question 28

burglary MR + AC

Answer 28

intent for breaking and entering with the specific intent to commit a felony inside the home,

AC- at night ; dwelling of another

Question 29

Arson

Answer 29

the willful and malicious burning of the dwelling of another

Question 30

Arson AR

Answer 30

Burning of, the act of burning

Question 31

Arson MR + AC

Answer 31

malice
Malice: intended the actual burning
AC: dwelling of another

Question 32

Constructive possession:

Answer 32

Have to show: capability to maintain and exercise control and dominion over the drugs and the knowledge that they were there
knew of the narcotics and the drugs were in D immed control.
Mere proximity is not enough