Crim Law Flashcards
False Pretenses
Elements (MOSI)
-Misrepresentation: accused makes false representation of fact, which the victim actually believes to be true
-Obtaining Title to PP: title to PP or chattel must pass to the accused
-Scienter: accused knows the representation is false; and
-Intent to Defraud: accused intends to defraud the victim
Note: An accused does not intend to defraud if he: 1) believes the prop is his own; 2) intends to return the property w/in a reasonable time; or 3) obtains the prop in satisfaction of a debt he honestly believes the v owes him.
NOTE: These are not valid defenses to false pretenses:
- victim did not sustain monetary loss
- victim engaged in illegal conduct
- victim acted in a gullible manner
Conspiracy
Withdrawal
if a person withdraws from a conspiracy, he is no longer liable for the co-conspirators’ subsequent crim conduct in carrying out the conspiracy.
Withdrawal will be effective only if the withdrawing person takes affirmative steps to notify the co-conspirators of the withdrawal in time for them to abandon the object of the conspiracy.
Note: once the elements of the conspiracy are established, the offense of conspiracy is complete, and withdrawal will have no impact.
Thus, although the withdrawing party may not be liable for subsequent crimes of the co-conspirators, withdrawal fro the conspiracy does not eliminate the person’s criminal liability for the conspiracy itself.
Voluntary Intoxication as a Defense
-Specific intent = yes because can try to prove an absence of specific intent that resulted from voluntary intoxication
NOTE: intoxication has to happen before commission of the crime
-gen intent = no because doesn’t negate intent element
-SL = no because can’t be used as a defense to SL crimes.
CL Rape
Elements
- Male gains carnal knowledge of a female victim (sexual intercourse including vaginal penetration);
- accused is not married to the victim;
- accused obtains the knowledge forcibly, by coercion, or without consent
Note: CL def of carnal knowledge is sexual intercourse between a male and a female. The CL requires that the male’s sexual organ penetrate the female’s sexual organ.
NOTE: BECAUSE RAPE IS A GEN INTENT OFFENSE, AN ACCUSED MAY BE ACQUITTED ON THE BASIS OF A REASONABLE AND GENUINE BELIEF THE VICTIM CONSENTED TO THE OFFENSE.
CL
Principles of the 1st degree v. principles in the 2nd degree (note: principle in the 2nd degree are accomplices under modern approach)
Principle in the first degree: person who engages in the act constituting the offense.
Principle in the second degree: person who aids a principal in the first degree during the commission of an offense, and is actually present at the scene of the crime.
MPC Test for Insanity
Merges M’Naughten an Irresistible Impulse Tests
Under the MPC approach, a person is insane if, at the time of the crime, due to a mental defect or disease, the accused lacked substantial capacity to:
- appreciate the wrongful or criminal nature of her conduct; or
- conform that conduct to the law’s requirements
CL Burglary
Def
Breaking and entering the dwelling of another at night with the intent to commit a felony inside.
Note: There must be intent to commit a felony.
Conspiracy
Plurality of Agreement
In order for a conspiracy to exist, there must be an agreement by 2 or more people to complete an unlawful act or a lawful act by unlawful means aka “plurality of agreement.”
NOTE: Under CL approach, 2 guilty people must agree. Therefore, under CL, a person will not be guilty of conspiring with an undercover police officer who does not intent to commit the crime or a good samaritan who intends to report the action to the police.
Voluntary Intoxication
Minority of Juris
In some jurisdictions, voluntary intoxication is not an excuse, even when it results in an accused’s insanity, unconsciousness, or absence if a correct state of mind. However, even in these states, if this defense is sustained in a murder case, the accused could be convicted of a lesser homicide crime.
