Crim based on CA essays Flashcards
Larceny
tresspassory taking and carrying away of anothers property with the intent to permantely deprive
Trespassory
The property must be taken without the owner’s consent.
And carrying away
The carrying away requirement is satisfied by even a slight movement of the property.
Taking occurs where
D physically moves the property of another, or conceals it on his person
Intent to permantely deprive
A d need not to have the intent to permantely deprive the owner or rightful possessor at the time of the taking occured. It is enough that the intent to permantely deprive arose after the taking
Embezzlement
fraudulent conversion of the property of another by a person who is in lawful possession of the property
Fraudulent
The defendant must intend to defraud the owner of the property.
Conversion
Conversion is the inappropriate use of property causes a serious interference with the owner’s rights to the property.
Conspiracy requires
an agreement to accomplish an unlawful objective or to accomplish a lawful objective with unalwful means
intent to agree to commit conspiracy
intent to achieve the unlawful objective
overt act in furtherance of the objective of the conspiracy like mere prep
Intent to agree to the consipracy (minority and majority rule)
There must be at least two guilty minds to be liable for conspiracy.
Under the minority jurisdictions, unilateral intent is sufficient if the guilty mind genuinely believed that the
other non-guilty mind had the intent to agree to the conspiracy
Co-Conspirators are liable for
target crime and any crimes committed in furtherance
of the conspiracy so long as the crime was foreseeable
Recepit of stolen property
(i) receipt or control of stolen property,
(ii) of personal property by another,
(iii) with the knowledge that the property was obtained in
a way that constitutes a criminal offense,
(iv) with the intent to permanently deprive.
Attempt
requires the specific intent to achieve the criminal act and a substantial step in the direction of the commission of the act or dangerously close to the commission of the
act.
Does the doctrine of merger apply to conspiracy
no
And carrying away
The carrying away requirement is satisfied by even a slight movement of the property.