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Criminal Law > Crim Law: Crimes Involving Property > Flashcards

Crim Law: Crimes Involving Property Flashcards

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1
Q

Crimes involving property

A

Larceny, Embezzlement, False pretenses

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2
Q

Larceny

A

AR: Taking away another’s property by trespass (w/o valid consent)
MR: Intent to Permanently Deprive

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3
Q

Embezzlement

A

AR: Conversion of property held in trust
MR: Intent to defraud

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4
Q

False Pretenses

A

AR: Taking title to property by misrepresentation (about present or past fact)
MR: Intent to defraud

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5
Q

Larceny v. Embezzlement

A

Difference: Possession

  1. larceny - owner originally in possession
  2. Embezzlement: criminal originally in possession
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6
Q

Larceny Tips:

A
  1. Brief dispossession suffices
  2. Thief doesn’t have to keep
  3. Person property.
  4. Title not given (compared with false pretenses)
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7
Q

Bertie’s maid steals ring from safe. What is the crime?

A

Larceny

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8
Q

Bertie’s broker diverts deposits to charity. What is the crime?

A

Embezzlement

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9
Q

Bertie gives mistress his yacht after she falsely claimed to have cancer. What is the crime?

A

False Pretenses

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10
Q

Bertie gives mistress his yacht after she falsely promises to marry him if he divorces. what is the crime?

A

Nothing. Romantic promises not a crime.

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11
Q

Bertie lends her car to a stranger claiming to be cop in hot pursuit. What is the crime?

A

Larceny

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12
Q

Bertie buys fake Picasso sold as real. What is the crime?

A

False Pretenses

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13
Q

Bertie sneaks into maid’s house tot ale watch he thought was his. What crime?

A

Not larceny, but criminal trespassing.

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14
Q

Robbery

A

Larceny by force or threat of force
AR: taking another’s personal property from his or her presence by force or threat of force.
MR: with intent to permanently deprive (SI)

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15
Q

Extortion

A

AR: Seeking to obtain another’s property by future threat
MR: with Intent to permanently deprive (SI)

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16
Q

Compare Extortion with Robbery

A
  1. Victim’s presence is not necessary

2. Harm- need not be immediate or imminent

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17
Q

Receiving Stolen Property

A

AR: Receiving another’s personal property
MR: Knowledge it has been stolen, AND Intent to permanently deprive (SI)

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18
Q

Forgery

A

AR: Making or authoring a writing to make it false
MR: With intent to defraud (SI)

19
Q

Uttering

A

AR: Offering as genuine a forged document
MR: with the Intent to defraud (SI)

20
Q

Malicious Mischief

A

AR: Fmaging property of another
MR: Malice (>/recklessness)

21
Q

Burglary: Common Law

A

AR: Breaking and entering dwelling of another at night.
MR: Intent to commit felony within (SI)
a. Breaking - any force, or by threat or force
b. Entering = any party of body, or any object for committing felony
c. dwelling = someone sleeps

22
Q

Burglary: Modern

A

AR: Breaking any entering any structure of another at any time
MR: Intent to commit felony within (SI)

23
Q

At night, bertie gently opens unlocked door of Bingo’s home, enters, and steals wheelchair. Is this burglary?

A

Common law: Yes

Modern: Yes

24
Q

At night, Bertie climbs through open window of Bingo’s home, enters, and steals wheelchair. Is this burglary?

A

Common Law: NO

Modern Law: No – no force

25
Q

At night, Bertie shoots Bingo through closed window of his home. Is this burglary?

A

Common Law: yes

Modern: Yes

26
Q

AT night, Bertie asks Bingo to let him in for a potty emergency. In actually, Bertie intended to steal medicines in the bathroom cabinet. is this burglary?

A

Common Law: yes

Modern: Yes

27
Q

At night, Bertie asks bingo to let him in for a potty emergency. He’s sincere , but after potting, sees and steals medicine from cabinet. Is this burglary?

A

Common law: No

Modern: No

28
Q

At lunch, Bertie opens unlocked door of boss’ office and takes iPad. Is this burglary?

A

Common law: No

Modern: yes

29
Q

Arson - Common Law

A

AR: Burning dwelling of another
MR: Malice (>/ recklessness)

30
Q

Arson - Modern

A

AR: burning any structure
MR: Malice

31
Q

Jeeves torches the hotel where the bar exam would be given. Is this arson?

A

Common law: Yes

Modern: Yes

32
Q

For good measure, Jeeves torches his old law school as well. Is this arson?

A

Common law: NO

Modern: Yes

33
Q

Jeeves smokes during a break in the bar exam, and tosses the butt on the grass wihtut realizing it was still lit. The hotel burns down. It this arson?

A

Common Law; NO

Modern: NO

34
Q

Jeeves burns down his own house for the insurance proceeds. Is this arson?

A

Common law: NO—house burning.
Modern Law: Yes
** Houseburning under CL: maliciously burning own house in city, town, or so near other houses as to pose danger.

35
Q

Criminal Trespass

A

AR: Entering or remaining on property without authorization
MR: Knowing not authorization

36
Q

Possession Offenses

A

AR: Possession of a prohibited Item
MR: knowledge of possession of item (not that it is prohibited).
Actual: physically has item
Constructive: controls access to item
Joint; more than one person may possess item at same time,

37
Q

CAUSATION

A
  1. Relevant for result crimes

2. Crimina liability requires BOTH actual cause and proximate cause

38
Q

Causation: Actual cause

A

Cause in fact== BUT FOR d’s conduct prohibited result would not have occurred.
eg. Homicides–D’s conduct shortened victim’s life (by any amount of time).

39
Q

Causation: Proximate Cause

A

Foreseeability. ie. natural and probable consequence of d’s conduct.
ie. Intervening acts may defeat proximate cause if sufficiently coincidental, free and independent or unforeseeable.

40
Q

Jeeves leaves Bertie, drunk, on side of highway. Another car hits and kills him. Is this proximate cause?

A

Yes

41
Q

Jeeves leaves Bertie, Drunk, on side of highway. Lightening strikes and kills him. Is this proximate cause?

A

No

42
Q

Jeeves leaves Bertie, drunk on side of highway. Serial killer picks him up and kills him.

A

No

43
Q

Jeeves leaves Bertie, drunk, on side of highway. Another car hits him. Rushed to hospital, where negligent care kills him.

A

Yes

Criminal Law (14 decks)

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