Crim Difficulty Flashcards
Larceny
(i) Trespassory
(ii) taking and carrying away
(iii) personal property of another
(iv) intent to permanently deprive
Robbery
Larceny from another’s person or presence by force or threat of force
Burglary
(i) breaking and entering
(ii) dwelling of another
(iii) at night
(iv) with intent to commit a felony
(modern: expands to any structure)
False Pretenses
(i) obtaining title
(ii) to property of another
(iii) through fraud/deception
(vase example)
Larceny by Trick
Larceny by fraud or deception resulting in the possession of another’s property (possession not title)
Forgery
(i) making or altering
(ii) a writing with legal significance
(iii) so that it is false
(iv) with intent to defraud
Arson
malicious burning of the dwelling of another
Embezzlement
Fraudulent conversion of personal property of another by a person in lawful possession (wine example) (entrustment by the owner)
Receiving Stole Property
(i) receiving control of stolen property
(ii) knowing it is stolen (upon receipt)
(iii) with intent to permanently deprive
Insanity Tests
MNaghten: did not know the nature and quality or did not know difference between right/wrong
Irresistible Impulse/Self-Control: lacks capacity to conform conduct to the law
Durham: wouldn’t have committed crime but for mental illness
MPC: cant confrom
Specific Intent Crimes
Attempt
Solicitation
Conspiracy