Crime Flashcards
CL Theft/ Larceny
Trespassory Asportation of personal, tangigle property in another’s possession with intent to permanently deprive person of the property.
Modern Criminal Codes: extend Larceny offenses
beyond personal, tangible property to include intangible property and services provided by victim.
Money is property covered by modern theft sstatutes;
+ Adam intended to steal the money,
intent requirement is satisfied for larceny
= Adam is guilty of theft.
Person takes property another has accidentally lost
+ intends to maintain control over it and not return it
== Person is guilty of larceny.
Finder’s keeper
is not always true
If Adam was aware that Diana dropped it and had sufficient information to locate hers and return it:
When it took the cash and spent it; he committed larceny.
If Adam had no identification on whose wallet is:
no larceny.
If person finds stranger’s property
+ no person to believe owner can be located then,
== Person not guilty of larceny.
Person didn’t intend to permanently deprive owner of the property when he initially exercised control
not larceny.
If Adam tried to return it to the stranger, but the stranger has gone, then,
Adam spent the money inside–> not larceny.
Larceny by trick
person makes falsehold or misrepresentation to property owner to gain possession of property with intent to permanently deprive owner of it.
Person makes falsehood or misrepresentation to property owner to gain possession of property with intent to permanently deprive owner of it.
The fact that the owner voluntarily gave the property doesn’t prevent the larceny by trick.
Embezzlement
fraudulent conversion of another’s property by person who then lawfully possesses the property.
Embezzlement
defendant had lawful possession of the property at time of conversion
Larceny
defendant didn’t have lawful poessession at time of conversion.
False pretenses
Person obtains title to property belonging to another through knowing misrepresentation of material fact with intent to defraud.
Defraud
The person knows it false
+ causes the person pass the title.
Larceny by trick
voluntary transfer of possession of property from owner to thief.
False pretenses
Original owner’s voluntary transfer of title to thief.
Adam committed guilty of false pretenses because
he obtained title from Edwards’ motorcycle through is representation that his title is materially valid.
Receipt of stolen property
person knowlingly receives stolen property with intent to permanently deprive the owner of the property.
It doesn’t matter if the customer paid money
for the stolen property.
Robbery
Larceny
+ the Taking of the Property from the person or in the presence of another.
Adam took money from Bob and Clarice with intent to permanently deprive them of it
Larceny
+ you did so by intimidation
= Robbery
Intimidation
Would a reasonable person in the victim’s position have believed she would be subject to imminent bodily injury if she did not relinquish the property?
Skimask & lefthand in a jacket.
A reasonable person would believe Adam had a firearm and would shoot if the teller failed to hand over the money.
- Explicit threat is not required.
Lesser included offense
offense with all elements completely subsumed within elements of greater offense.
CL Burglary
Unlawful breaking and entering of another person’s dwelling at night with intent to commit felony.
Burglary today
-may occur day or night.
-defendant’s intent to commit any crime is sufficient.
- can be committed in dwelling or any other building, (e.g., bank).
Burglary:
unprivileged entry is sufficient.
- opening an unlocked door without permission.
CL: Burglary: Breaking could be constructive
obtaining entry through use of force or fraud.
Burglary
perpetrator makes unprivileged entry into another’s home or other building with intent to commit crime inside, even if he fails to consummate other offense once inside.
Criminal trespass
persons unprivileged entry or remaining in another’s home or other building.
Burglary
at time of unlawful entry or initial decision to remain in home or building, perpetrator had intent to commit another crime inside.
Bulgrary
- Breaking
- Entering,
- Dwelling,
- Of another
- At night time or day
- With the intent to commit a felony within.
Some jurisdictions
-Battery
nonconsensual, intentional physical contact with another person causing bodily injury.
- Spitting does not qualify.
Other jurisdiction
- Battery
Nonconsensual, intentional physical contact with another person
- Spitting ok
- Offensive touching.
Threatened battery
A defendant must specifically intend to place another person in reasonable apprehension of an imminent battery.
Reasonable apprehension (in battery)
How would a reasonable person in the victim’s circumstances perceive the defendant’s threat.
Rape
- A defendant must use force or threatened force extrinsic to the sex act.
- Victim must actively resist by words or conduct.
Kidnapping
intentional, nonconsensual, and unlawful taking and movement (asportation), even if only a short distance, or confinement of another person.
Some additional elements required:
A defendant must have held the victim for a specified unlawful purpose including;
- 1. Ransom or as hostage,
2. Facilitated commission of any felony or flight thereafter.
3. Inflicted bodily injury on or terrorized victim or another,
4. Interfered with performance of government function.
Other states:
While not requiring such a purpose, some other aggravating factor is required, such as exposing the victim to a risk of physical injury.
Adam did intentionally and nonconsensually transported Bob.
None of the aggravating factors or illicit purposes required under Modern Kidnapping statutes appear.
Adam is guilty of unlawful restrain, or false imprisonment, but not kidnapping.
CL: Arson
the malicious burning of another person’s dwelling.
Malice
Defendant acted at least knowlingly or recklessly, as opposed to merely negligently.
- Manifests a reckless disregard of the high risk of fire and or explosion.
Burning:
A structure must be charred.
Many Jur: Burning
can include lesser harms, including smoke damage.
Actual possession
Dominion and control over an item of contraband.
Constructive possession
Defendant knows he has right to exercise dominion and control over item located somewhere else but doesn’t relinquish right.
- 마약 위치, 키 등.
Most Jur: Principal:
Directly commits a crime.
Most Jur. Accomplice
Aids or abets through encouragement or assistance before, during, or in principals’ flight from committing offense.
Accomplice
Criminally liable for any additional crime committed by a principal during the offense if the crime was both;
Accomplice: Criminally liable:
- Natural Probable consequence of primary crime (아마 Foreseeability라고 한 것같음)
- Committed in furtherance of primary crime.
Accomplice
Merely being present and associating with perpetrator when perpetrator commits offense is not ACCOMPLICE.
To qualify as Accomplice:
A Person must intend to adi or abet perpetrator in some manner.
Person merely present when perpetrator commits offense generally not obligated to
- Prevent perpetrator from committing offense;
- Report perpetrator to authorities after he commits offense.
Most jurisdiction: A parent or guardian
has a duty to prevent the minor’s commission of a crime if able to do so.
Accomplice
intends to aid or abet principal so offense will succeed.
Accomplice
knowlingly provides assistance but doesn’t intend for perpetrator to succeed.
Dorothy: (pistol shop clerk) accomplice? YES.
- She knew he would likely use pistol for robbery.
- Charged inflated price.
- Asked for more business from his gang.
—> Intended to aid or abet robbery.
- Asked for more business from his gang.
Accessory After the Fact
Person who, after crime’s been committed, offers assistance to principal with intent to keep principal from being detected or apprehended.
Mens Rea for an accomplice to Reckless or Negligent Crime
- Some jur: Defendant can’t be liable.
- Other Jur & Model Penal Code:
–> Defendant can be liable if defendant acted with reckless or negligent.
A person who offered assistance immediate flight from the scene of the crime
+ knew in advance that the person will commit a crime.
Accomplice.
Inchoate Offense
Committed in anticipation of, or in preparation for, a target offense.
Target offense
need not to be completed to make defendant guilty.
Attempt
beyond mere preparation.
MPC: Attempt
Substantial Step test, Dangerous Proximity Test
MPC attempt: Substantial Step test:
To be guilty, D must have taken substantial step toward completing target offense.
- 1. Searching for or following the contemplated victim,
- 2. Reconnoiter (정찰하다 답사하다) the place contemplated for the commission of the target crime.
-3 . Possessing materials or instrumentalities to be employed.
Dangerous Proximity test
Criminal Liability for attempt arises if the defendant came dangerously close to committing the target offense.
Adam committed attempted robbery (새벽 7시에 돈 뽑던 밥에게 접근: 잠복 경찰에게 잡힘)
- He took a substantial step to buy a pistol.
- He was dangerously close to him.
Abandonment or renunciation defense
A defendant completely and voluntarily abandoned the attempt before consummating the target offense.
Abandonment not Voluntary IF:
- Unexpected difficulties,
- Fear of detection,
- Waiting for a better opportunity.
Legal impossibility
A defendant wrongfuly believed that he was attempting to commit a crime when the purported target offense was ntoan actual crime.
Factual impossibility
A defendant attempted to commit an actual crime, but some factual circumstance rendered the commission of the crime impossible to consummate.
Solicitation
- Defendant’s request of another person to commit an offense or adi and abet the defendant in committing that offense.
- Defendant’s intent that the offense actually be committed.
- The other party says, “I can’t, I am mortally afraid of guns.” 이런 거 상관 없음.
Most jur.: dont’ recognize renunciation as a defense to solicitation.
MPC: permits the defense if the defendant persuades the solicited party not to commit the target offense or otherwise prevents its commission under circumstances demonstrating complete and voluntary renunciation.
