Crimes Flashcards
Crim - LARCENY
1) Trespassory
2) Taking and carrying away
3) Of the tangible personal property of another
4) w/ intent to permanently deprive him thereof
Crim - EMBEZZLEMENT
1) Fraudulent conversion
2) of the property of another
3) by a person in lawful possession thereof
Crim - FALSE PRETENSES
1) Obtaining TITLE
2) To the property of another
3) by an intentional or knowing false statement of past or existing material fact
4) w/ the intent to defraud the other
Crim - LARCENY BY TRICK
1) Obtaining POSSESSION
2) Of the property of another
3) by an intentional or knowing false statement of past or existing material fact
4) w/ the intent to defraud the other
Crim - ROBBERY
1) Taking
2) Of personal property of another
3) From his person or presence
4) By force or threat of force
5) w/ the intent to permanently deprive him thereof
Crim - RECEIPT OF STOLEN PROPERTY
1) Receiving possession and control of stolen property
2) Known to have been obtained by use of a crime by another person
3) w/ the intent to permanently deprive the true owner thereof
Crim - EXTORTION
1) Obtaining the property of another
2) By threats of future harm to the victim or his property
Crim - FORGERY
1) Fraudulent making of a false writing
2) w/ apparent legal significance
3) w/ the intent to make wrongful use thereof
Crim - BURGLARY
1) Breaking - use of force, however slight, to gain entry
2) And Entering - placing any part of body inside
3) of the dwelling of another
4) in the nighttime
5) w/ the intent to commit a felony therein
Crim - ARSON
1) The malicious burning - charring, not mere scorching
2) of the dwelling of another
Crim - CRIMINAL ASSAULT
1) Either the attempt to commit a battery, OR
2) the intentional creation, by other than mere words, of a reasonable apprehension in the mind of the victim of imminent bodily harm
Crim - CRIMINAL BATTERY
1) Unlawful application of force
2) to the person of another
3) resulting in
4) bodily injury or an offensive touching
AGGRAVATED IF:
- deadly weapon
- serious bodily injury
- victim is child, women, or cop
Crim - MAYHEM
Dismemberment or disablement of a body part
Crim - KIDNAPPING
1) Unlawful confinement of a person
2) that also involves either:
- movement of the victim OR
- concealment of the victim in a secret place
AGGRAVATED IF:
- for ransom
- for purpose of committing other crimes
- child stealing
Crim - RAPE
1) Unlawful carnal knowledge
2) of a women
3) by a man who is not her husband
Crim - SECOND DEGREE MURDER
1) The unlawful killing
2) of a human being
3) w/ malice aforethought
- - intent to kill
- -intent to inflict great bodily injury
- -reckless indifference to an unjustifiably high risk to human life
- -inferred from commitment of a dangerous felony
Crim - FIRST DEGREE MURDER
1) murder committed w/ PREMEDITATION - period of reflection, however brief
2) and DELIBERATION - cool and dispassionate
Crim - FELONY MURDER
Killing committed in the course of the commission of an inherently dangerous felony
Crim - VOLUNTARY MANSLAUGHTER
1) intentional killing of a human being
2) w/ adequate provocation
- -would arose a sudden and intense passion in the mind of an ordinary person so as to cause loss of self-control
- -∆ is in fact provoked
- -Insufficient time for passions of a reasonable person to cool
- - ∆ in fact did not cool off
Crim - INVOLUNTARY MANSLAUGHTER
Unintentional killing resulting form either:
- criminal negligence OR
- an unlawful act not a felony
Crim - ATTEMPT
1) Intent to commit a specific crime AND
2) an overt act in furtherance of that crime
Crim - SOLICITATION
1) ∆ incites, counsels, advises, induces, urges, or commands another to commit a crime
2) w/ the intent that the crime be committed by that person
Crim - ACCOMPLICE LIABILITY
Where ∆:
1) encourages or assists
2) another who commits a crime
3) w/ the intent to promote or facilitate the commission of the crime,
he will be guilty of ALL reasonably foreseeable acts of the other person engaged in the commission of the primary crime.
Crim - CONSPIRACY
ELEMENTS:
1) Agreement between 2+ people to commit a crime
2) Intent to enter into the agreement
3) Intent to achieve the objective of the agreement
4) Overt act in furtherance of the conspiracy
EFFECT:
All co-conspirators are liable for any acts of another that are foreseeable and in furtherance of the conspiracy
Crim - ACCESSORY AFTER THE FACT
1) One who receives, relieves, comforts, or assists another
2) Knowing he has committed a felony
3) In order to help the felon escape arrest, trial, or conviction
Crim - SELF-DEFENSE
1) Must be w/o fault
2) Must be confronted w/ unlawful force
3) must use proportional force (deadly only if reasonably believes he is threatened w/ imminent death or GBH; IMPERFECT - if belief is actual but not reasonable, mitigate to manslaughter)
Crim - DEFENSE OF OTHERS
1) Must reasonably believe the other is legally entitled to use force
2) May only use reasonable force to defend him
Crim - DURESS
Requires a threat which ∆ reasonably believes threatens death or GBH that can only be avoided by engaging in unlawful conduct
**NOT a defense to homicide!!
Crim - NECESSITY
Conduct that is otherwise criminal is justifiable if ∆ reasonably believed it was necessary to avoid greater societal harm, so long as he did not create the situation requiring the choice.
Crim - INTOXICATION
INVOLUNTARY - Defense to ALL crimes, so long as it negates mens rea
VOLUNTARY - Defense to specific intent crimes only
Crim - M’NAGHTEN RULE
A disease of the mind created a defect in reason such that ∆ lacked the ability to either:
1) know the wrongfulness of his actions or
2) understand the nature and quality of his actions
Crim - IRRESISTABLE IMPULSE TEST
As a result of mental illness, ∆ is unable to control his actions or conform his conduct to the law
Crim - DURHAM RULE
Crime was a product of the mental disease or defect
Crim - ALI/MPC TEST
As a result of mental disease, ∆ lacked the substantial capacity to either:
1) appreciate the criminality of his conduct or
2) conform his conduct to the law
