Crim Law: Crimes Involving Property Flashcards
Crimes involving property
Larceny, Embezzlement, False pretenses
Larceny
AR: Taking away another’s property by trespass (w/o valid consent)
MR: Intent to Permanently Deprive
Embezzlement
AR: Conversion of property held in trust
MR: Intent to defraud
False Pretenses
AR: Taking title to property by misrepresentation (about present or past fact)
MR: Intent to defraud
Larceny v. Embezzlement
Difference: Possession
- larceny - owner originally in possession
- Embezzlement: criminal originally in possession
Larceny Tips:
- Brief dispossession suffices
- Thief doesn’t have to keep
- Person property.
- Title not given (compared with false pretenses)
Bertie’s maid steals ring from safe. What is the crime?
Larceny
Bertie’s broker diverts deposits to charity. What is the crime?
Embezzlement
Bertie gives mistress his yacht after she falsely claimed to have cancer. What is the crime?
False Pretenses
Bertie gives mistress his yacht after she falsely promises to marry him if he divorces. what is the crime?
Nothing. Romantic promises not a crime.
Bertie lends her car to a stranger claiming to be cop in hot pursuit. What is the crime?
Larceny
Bertie buys fake Picasso sold as real. What is the crime?
False Pretenses
Bertie sneaks into maid’s house tot ale watch he thought was his. What crime?
Not larceny, but criminal trespassing.
Robbery
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)
Extortion
AR: Seeking to obtain another’s property by future threat
MR: with Intent to permanently deprive (SI)
Compare Extortion with Robbery
- Victim’s presence is not necessary
2. Harm- need not be immediate or imminent
Receiving Stolen Property
AR: Receiving another’s personal property
MR: Knowledge it has been stolen, AND Intent to permanently deprive (SI)
Forgery
AR: Making or authoring a writing to make it false
MR: With intent to defraud (SI)
Uttering
AR: Offering as genuine a forged document
MR: with the Intent to defraud (SI)
Malicious Mischief
AR: Fmaging property of another
MR: Malice (>/recklessness)
Burglary: Common Law
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
Burglary: Modern
AR: Breaking any entering any structure of another at any time
MR: Intent to commit felony within (SI)
At night, bertie gently opens unlocked door of Bingo’s home, enters, and steals wheelchair. Is this burglary?
Common law: Yes
Modern: Yes
At night, Bertie climbs through open window of Bingo’s home, enters, and steals wheelchair. Is this burglary?
Common Law: NO
Modern Law: No – no force
At night, Bertie shoots Bingo through closed window of his home. Is this burglary?
Common Law: yes
Modern: Yes
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?
Common Law: yes
Modern: Yes
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?
Common law: No
Modern: No
At lunch, Bertie opens unlocked door of boss’ office and takes iPad. Is this burglary?
Common law: No
Modern: yes
Arson - Common Law
AR: Burning dwelling of another
MR: Malice (>/ recklessness)
Arson - Modern
AR: burning any structure
MR: Malice
Jeeves torches the hotel where the bar exam would be given. Is this arson?
Common law: Yes
Modern: Yes
For good measure, Jeeves torches his old law school as well. Is this arson?
Common law: NO
Modern: Yes
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?
Common Law; NO
Modern: NO
Jeeves burns down his own house for the insurance proceeds. Is this arson?
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.
Criminal Trespass
AR: Entering or remaining on property without authorization
MR: Knowing not authorization
Possession Offenses
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,
CAUSATION
- Relevant for result crimes
2. Crimina liability requires BOTH actual cause and proximate cause
Causation: Actual cause
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).
Causation: Proximate Cause
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.
Jeeves leaves Bertie, drunk, on side of highway. Another car hits and kills him. Is this proximate cause?
Yes
Jeeves leaves Bertie, Drunk, on side of highway. Lightening strikes and kills him. Is this proximate cause?
No
Jeeves leaves Bertie, drunk on side of highway. Serial killer picks him up and kills him.
No
Jeeves leaves Bertie, drunk, on side of highway. Another car hits him. Rushed to hospital, where negligent care kills him.
Yes
