Crim Law 2 Flashcards
Attempt
- Specific Intent Crime
- Substantial Step (beyond mere preparation)
- In the direction of the commission of the crime (merges into substantive crime if completed)
Solicitation
- Specific Intent Crime
- asking a person to commit a crime.
- Ends when D asks.
- Merger: if the person you ask agrees, crime merges into conspiracy.
Conspiracy
- Specific Intent Crime
- Agreement (need not be express or know each other)
- Intent to Agree
- Intent to Pursue an unlawful Objective
- Overt Act (Majority Rule) (Minority- you only need an agreement)
- (each co-conspirator is liable for all crimes of the co- conspirators. If those crimes were committed in furtherance of the conspiracy and were foreseeable.)
- (withdrawal- can never withdraw from liability, only from subsequent crimes
Assault & Battery
- Battery= completed assault (general intent crime)
- Assault (2 types)
- Attempted battery (specific intent crime)
- Assault as a threat (general intent crime)
Murder
-Common law murder- 2nd Degree
-Malice Crime
-Must show 1 of 4 intents
-Intent to Kill or
-Intent to Inflict GBH
-Reckless Indifference to An Unjustifiably high risk to human life; malignant heart
-Intent to commit a Felony (i.e. Felony
Murder)
Manslaughter
Voluntary Manslaughter (killing from passion)
Involuntary Manslaughter:
(killing from crim. negligence) or
Misdemeanor Manslaughter (killing someone while perpetrating a misdemeanor or an unenumerated felony i.e. a felony that does not qualify under felony murder)
1st Degree Murder
- No common law 1st degree murder
- Statutory, no uniform definition
- Need premeditation and deliberation
Felony Murder
- If D has a defense to underlying felony, he has a defense to felony murder
- Felony must be something other than killing
- Deaths must be foreseeable*
- Deaths caused while felling felony are felony murder BUT once D reaches some point of temporary safety, deaths caused thereafter are not felony murders.
- D not liable for deaths of co-felons as a result of resistance by victim or police.
Larceny
- Specific intent crime
- Taking (by trespassers or trick)- wrongful
- Carrying Away (can be very slight)
- Tangible personal property of another
- By Trespass
- Intent to permanently deprive*
Embezzlement
Specific intent crime
Lawfulness of possession followed by Unlawful conversion
Fraud
Conversion
Property of Another
By a Person in Lawful Possession of that property
False Pretenses
- Specific intent crime
- D persuades owner of property to convey title
- Obtaining title
- To property of another
- By intentional false statement of past or existing fact
- With intent to defraud
- Larceny by trick v. False Pretenses: Larceny by trick obtains possession; False Pretenses obtains title.
Robbery
Robbery = larceny + assault
(1) Taking; (2) personal property of another; (3) from other’s person or presence; (4) by force or intimidation (of imminent harm, to someone, not necessarily the victim); (5) with the intent to permanently deprive
Extortion
= blackmail
Extortion vs. Robbery: extortion is the threat of future harm, and the taking does not need to be from the person or presence; Robbery must be a threat of imminent harm, from person or presence
Burglary
Specific Intent Crime
(1) breaking (actual or constructive) (2) entering (any part of D’s body) (3) of the dwelling (= for sleeping purposes) (4) of another (5) at nighttime (6) with the intent of committing a felony therein (intent must exist at the time of the breaking)
Arson
Malice Crime
(1) malicious (2) burning (3) of the dwelling (4) of another; Damage = charring, not scorching; If you own it, it’s not common law arson.
