Crim Law MEE Rule Statements Flashcards
Larceny
The TAKING and CARRYING away the property of another by trespass, with the (specific) intent to permanently deprive the owner of property
Embezzlement
Fraudulent conversion of property by a party WITH RIGHTFUL POSSESSION
Robbery
Larceny using force or immediate threat of force
Larceny: The TAKING and CARRYING away the property of another by trespass, with the (specific) intent to permanently deprive the owner of property
Extortion
Larceny with the threat of FUTURE HARM
Larceny: The TAKING and CARRYING away the property of another by trespass, with the (specific) intent to permanently deprive the owner of property
Larceny by False Pretenses
Laceny and the victim intended to give title
Larceny: The TAKING and CARRYING away the property of another by trespass, with the (specific) intent to permanently deprive the owner of property
Larceny by Trick
Larceny and the victim intended to give possession
Larceny: The TAKING and CARRYING away the property of another by trespass, with the (specific) intent to permanently deprive the owner of property
Solicitation
Asking another to commit a crime with the (specific) intent that it be committed
Attempt
Specific Intent to commit a crime plus an overt act beyond mere preparation
Conspiracy
An agreement between two or more people to carry out an illegal act. Mere preparation will suffice.
Burglary
Breaking and entering of the dwelling house of another
at night
with the (specific) intent to commit a felony therein
Insanity Defense: M’Naughten
Defendant does not know right from wrong or understand the nature of their actions
Insanity Defense: Irresistible Impulse
Unable to control actions or conform conduct to the law
Insanity Defense: Durham
But for a mental illness, the defendant would not have committed the act
Insanity Defense: MPC
Combination of M’Naughten and Irresistible Impulse Test
The defendant has a mental illness and, as a result, LACKED THE SUBSTANTIAL CAPACITY to either:
1. APPRECIATE THE CRIMINALITY of their conduct OR
2. CONFORM THEIR CONDUCT to the requirements of law.