Crim Law Flashcards
What is larceny?
The trespassory taking and carrying away of another’s personal property with the specific intent to permanently deprive that person of the property.
Larceny requires an intent to steal.
When is it the crime of larceny complete?
Once the property is taken.
The intent to retain property temporarily and then return it provides a defense to larceny.
What is embezzlement?
The unlawful conversion of property owned by another to one’s own use with the intent to permanently deprive the lawful owner of the property.
Statutory definitions may vary.
Define false pretenses.
A false representation of material fact that causes another person to transfer title to property to the defendant.
The false representation must be of a material present or past fact.
What are the two elements typically required for receiving stolen property?
- The actus reus of the receipt of stolen property
- Mens rea of knowledge that the property was stolen.
What is robbery?
The taking of personal property of another from the other’s person or presence by force or threat of force with the intent to permanently deprive the other of his interest in the property.
What constitutes burglary at common law?
The breaking and entering of the dwelling of another in the nighttime with the intent to commit a felony therein.
What is criminal assault?
Either the attempt to commit a battery or intentional creation of a reasonable apprehension of imminent bodily harm in the mind of the victim.
Define criminal battery.
The unlawful application of direct or indirect force to the person of another, resulting in bodily injury or an offensive touching.
What is aggravated battery?
Battery that includes one of the following: * Use of a deadly weapon * Serious bodily injury * The victim is a child, woman, or police officer.
What is the modern view of kidnapping?
The unlawful and intentional confinement of another against the person’s will that involves the movement or concealment of that person.
What is statutory rape?
Sexual relations with a minor under a specified statutory age. It is a strict liability crime.
What constitutes second degree murder at common law?
An unlawful killing committed with malice aforethought, including intent to kill or cause serious bodily harm, or reckless disregard for human life.
What is depraved-heart murder?
A charge for recklessly causing the death of another with extreme indifference to the value of human life.
What defines first degree murder?
Murder committed with premeditation and deliberation.
What is the difference between murder and voluntary manslaughter?
Voluntary manslaughter lacks malice and occurs in the sudden heat of passion caused by adequate provocation.
What is involuntary manslaughter?
Causing the death of another through conduct that creates an unreasonable risk of death or serious bodily injury.
What does causation in homicide require?
Both causation in fact (but-for causation) and proximate causation (foreseeability).
What is an attempt in criminal law?
The intent to commit a specific crime and an overt act in furtherance of that crime.
What are the elements of accomplice liability?
- Intent to assist the primary party
- Intent that the primary party commit the offense charged.
What does conspiracy require under the modern view?
- An agreement with specific intent to accomplish an unlawful purpose
- At least one co-conspirator committed an overt act in furtherance of the agreement.
What is self-defense?
The affirmative defense that requires proving a reasonable belief that force was necessary to protect from imminent unlawful force.
What is imperfect self-defense?
Occurs when the defendant’s belief in the threat is unreasonable, mitigating murder to voluntary manslaughter.
What is duress?
An affirmative defense that excuses conduct committed under the pressure of an unlawful threat.
What is the difference between voluntary and involuntary intoxication in terms of defenses?
- Voluntary intoxication is a defense to specific intent crimes.
- Involuntary intoxication is a defense to all general and specific intent crimes.
What is the competence to stand trial?
A legal requirement that refers to a defendant’s ability to participate in criminal proceedings.
What does the M’Naughten Rule require for an insanity defense?
Proving that, at the time of the offense, the defendant had a defect of reason and did not know the nature and quality of the act or that it was wrong.
What must be sufficiently severe in the context of the first prong of the test?
The mental disease or defect
What does the court need to balance at trial according to the first prong?
The evidence at trial against the evidence at the time the crime occurred
How do various state laws differ on the definition of ‘wrongfulness’?
Some define it as legally wrong, some as morally wrong, and others do not define it
What does the NGRI defense require in states that define ‘wrongfulness’ as legally wrong?
The defendant’s mental disease or defect prevented him from knowing his acts were legally wrong
In states that define ‘wrongfulness’ as morally wrong, what must the defendant not know?
That his acts were morally wrong
What is required for a defendant under the irresistible impulse rule?
Unable to control his actions or conform his conduct to the law
What is the criteria for acquittal under the ALI/MPC Rule?
Lacked substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the law
