Crim Flashcards
Larceny by Trick
Larceny where consent is is induced by a misrepresentation of a past or existing fact.
Possession is obtained, not title.
False Pretenses
Fraudulently obtaining TITLE to someone’s property.
Larceny
Taking and carrying away of tangible personal property of another by trespass w/ intent to permanently deprive the person of her interest in the property.
Embezzlement
The fraudulent conversion of property of another by a person in lawful possession of that property.
Larceny by Trick v. False Pretenses
Larceny by Trick: Only possession obtained
False Pretenses: Title is obtained
M’Naghten Rule
D lacked ability at time of his actions to either:
(i) know of the wrongfulness of his actions
or
(ii) understand the nature and quality of his actions
MPC Insanity
D lacked the substantial capacity to appreciate the criminality of his act.
Irresistible Impulse (insanity)
?
Durham Test (insanity)
?
Prosecution’s Burden of Proof
State must prove guilt beyond a reasonable doubt for all criminal cases - this is for each element of the crime.
Accomplice Liability
Person must haven given aid, counsel, or encouragement w/ the intent to aid or encourage the principal and the intent that the principal commit the substantive offense. Mere knowledge that a crime would result from the aid provided is generally insufficient for accomplice liability.
Malice Aforethought
D has:
(i) intent to kill;
(ii) intent to inflict great bodily injury;
(iii) awareness of an unjustifiably high risk to human life;
or
(iv) intent to commit a felony
Voluntary Manslaughter
Intentional killing is reduced to this if:
(i) D acts under a provocation that caused him to lose control;
(ii) the provocation would arouse sudden and intense passion in the mind of an ordinary person so as to cause him to lose self-control;
(iii) there is insufficient time between the provocation and the killing for the passions of a reasonable person to cool;
and
(iv) D in fact did not cool off btwn the provocation and the killing
Lay Witness Opinion Testimony
Admissible when it is:
(i) rationally based on the perception of the witness;
(ii) helpful to a clear understanding of her testimony or to the determination of a fact in issue; and
(iii) not based on scientific, technical, or other specialized knowledge.
Specific Intent Crimes
- Assault
- Larceny
- Robbery
- Burglary
- Solicitation
- Conspiracy
- Attempt
Burden of Proof
- State must prove each element of crime beyond a reasonable doubt
- If defense is that one of the elements hasn’t been established, then D only needs to raise a reasonable doubt
○ For all other defenses, state can, if it wants, make D prove that D by preponderance of evidence
Recklessness
- Intent or reckless behavior
- Mistake must be reasonable
- Voluntary intoxication is not a defense
Malice
- Intent
- Extreme recklessness
- Mistake of fact must be reasonable
- Voluntary intoxication is not a defense
Specific Intent
- That mental state must be established
- Mistake of fact doesn’t matter, even if reasonable
- Voluntary intoxication is defense
Common Law Murder
Unlawful killing of another human w/ malice aforethought:
- Intent to kill;
- Intent to cause serious bodily harm;
- Extreme indifference to human life (super reckless behavior; depraved heart); or
- Intent to commit a felony (felony murder)
4A
- Exclusionary rule does not apply to grand jury proceedings
- Stop and frisk - police have authority to briefly detain person for investigative purposes, even if they lack probable cause to arrest; do need reasonable suspicion
○ Tips can give reasonable suspicion only if they are reliable - Search and seizure by school official only requires reasonable grounds
Confessions
- Miranda - someone must be in custody and be interrogated in custody. Does not apply to spontaneous statements.
- There’s no obligation to deny an incorrect statement made in front of you
Right to Counsel
A post-charge lineup is a critical stage of prosecution and D has a 6A right to counsel - right attaches as soon as accused is in sight of identification witnesses
Attempt
- Specific intent to commit target offense AND
- Substantial step in furtherance of that offense - more than mere preparation
- Transferred intent does not apply to attempt
Arson
Malicious burning of a dwelling house of another
• Intent to burn or reckless disregard
Burglary
Common Law: breaking and entering into the dwelling house of another at night w/ specific intent to commit a larceny or felony therein
Battery
Harmful or offensive contact w/ person of another
