Crimes Flashcards

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1
Q

Crimes against property

A
  1. Embezzlement
    - fraudulent
    - conversion
    - personal property of another
    - by someone w/ lawful possession
  2. Extortion
    - threats of future harm
    - w/ intent to induce another to relinquish property
  3. False pretenses
    - obtaining TITLE
    - to personal property of another
    - by intentional false statement of past or existing fact
    - with intent to defraud the other
  4. Forgery
    - making or altering
    - a writing w/ apparent legal significance
    - which now makes it false
    - w/ intent to defraud
  5. Larceny
    - taking
    - carrying away
    - tangible personal property
    - of another w/ possession
    - by trespass
    - w/ intent to permanently deprive
  6. Larceny by trick
    - same as false pretenses, but w/ mere possession, not title
  7. Malice mischief
    - the malicious
    - destruction of or damage to
    - property of another
  8. Receipt of stolen property
    - possession or control
    - stolen personal property
    - known to be stolen
    - by another person
    - w/ intent to permanently deprive
  9. Robbery
    - taking
    - personal property of another
    - from the other person’s presence/vicinity
    - by force or threats of immediate harm or physical injury to victim/family/other person in vicinity
    - w/ intent to permanently deprive
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2
Q

Crimes against the person

A
  1. Assault
    - attempted battery or intentional creation of reasonable apprehension of imminent bodily harm
    - no actual touching
    - aggravated assault - w/ deadly weapon or intent to rape or maim
  2. Battery
    - intentional or reckless causing of bodily injury or offensive touching
    - to another
  3. Murder - unlawful killing of human being w/ malice aforethought
    - intent to kill
    - intent to inflict great bodily injury
    - reckless indifference to an unjustifiably high risk to human life
    - intent to commit a dangerous felony: MBARRK (mayhem, burglary, arson, rape, robbery, kidnapping)
  4. Voluntary manslaughter = murder + adequate provocation
    - provocation that would arouse sudden and intense passion of ordinary person causing loss control
    - D was in fact provoked
    - no cooling off period for reasonable person
    - D in fact did not cool off
  5. Involuntary manslaughter
    - committed w/ criminal negligence OR
    - during commission of unlawful act (misdemeanor or other felony)
  6. 1st degree murder
    - deliberate and premeditated unlawful killing
    - felony murder
  7. Felony murder
    - murder committed during commission of
    - inherently dangerous felony
    - limitations:
    - - D must have committed/attempted to commit underlying felony
    - - felony distinct from killing itself
    - - death must been a foreseeable result of felony
    - - death before D’s immediate flight from the felony ended (safe place != felony murder)
    - - not liable for death of co-felon
    - - not liable for death of innocent person, unless death caused by agent of D (accomplice)
  8. 2nd degree murder: all other murders
  9. Rape
    - unlawful carnal knowledge
    - of a woman by a man not her husband
    - without effective consent
  10. False imprisonment
    - unlawful confinement
    - of a person
    - without valid consent (no coercion/incapacity)
  11. Kidnapping
    - unlawful confinement
    - of a person
    - that involves concealing or moving victim
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3
Q

Crimes against habitation

A
  1. Arson
    - malice (intentional/reckless disregard of risk)
    - burning
    - dwelling
    - of another
    - * charring = arson, soot = smoke damage, blistering paint = heat damage (not arson)
  2. Burglary
    - breaking and entering
    - of a dwelling
    - of another
    - at night
    - intent to commit a felony in the structure (at time of entry, not later)
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4
Q

Transferred intent

A
  1. D intended harm of the nature that occurred
  2. against someone other than the actual victim
  3. D is guilty of:
    - crime against actual victim
    - attempt against intended victim
  4. applies to Homicide, Battery, Arson
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5
Q

Accomplice liability

A
  1. Principal in 1st degree
    - commits the illegal act; or
    - causes an innocent agent to do so
  2. Principal in 2nd degree
    - aid, commanded or encouraged principal
    - was present at scene
    - intent to encourage crime
  3. Accessory before the fact
    - aids or encourages principal
    - not present at scene
    - intent to aid principal
    - intent to have crime committed
    - liable for all foreseeable resulting crimes
  4. Accessory after the fact
    - assist someone known to have committed a crime avoid capture/conviction
    - liable for a separate lesser charge
  5. Withdrawal
    - must be before crime committed
    - repudiation sufficient for mere encouragement
    - attempt to neutralize if beyond mere encouragement
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6
Q

Insanity defenses

A
  1. M’Naghten
    - mental disease that caused
    - not know act was wrong, or
    - not understand nature and quality of actions
  2. Irresistible impulse
    - unable to control actions, or
    - conform conduct to the law
    - due to mental disease
  3. Durham
    - but for mental disease crime would not happen
  4. MPC
    - mental disease such that lacked capacity to:
    - appreciate wrongfulness of act, or
    - conform conduct to law
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7
Q

Intoxication defenses

A
  1. Voluntary intoxication
    - intentional taking w/o duress
    - defense to specific intent crime
  2. Involuntary intoxication
    - taking w/o knowledge of its nature
    - under duress
    - pursuant to medical advice unaware of its effects
    - defense to all crimes
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8
Q

Infancy defense

A
  1. Under 7: absolute defense to all crimes
  2. Under 14: rebuttable presumption of defense (child did not understand nature and wrongfulness of actions)
  3. 14 or older: treated as adults
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9
Q

Justification defenses

A

DEMAND IC

  1. Intoxication/Infancy
  2. Self-defense
    - non-deadly force: justified if appears reasonably necessary to avoid imminent injury or retain property
    - deadly force, justified if:
    - - without fault
    - - confronted with unlawful force
    - - reasonably believes threatened w/ imminent death or great bodily harm
    - - generally no duty to retreat
    - aggressor self-defense, only if:
    - - effectively withdraws and communicates OR
    - - victim suddenly escalates
  3. Defense of others - need reasonable appearance of right to use force
  4. Defense of dwelling - nondeadly force allowed
  5. Defense of other property
    - defending possession: reas, nondeadly force
    - regaining possession: force only if in pursuit
  6. Crime prevention
    - non-deadly force - to prevent felony or breach of peace
    - deadly force - to terminate or prevent dangerous felony
  7. Use of force to effectuate arrest
    - police officers
    - - non-deadly force: if reas necessary
    - - deadly force: only if nec to prevent escape and felon threatens death or serious bodily harm
    - private persons
    - - non-deadly force: if crime was in fact committed and private person has reas grounds to believe person arrested in fact committed the crime
    - - deadly force:only if person harm was actually guilty of arrested offense.
  8. Necessity
    - if reas necessary to avoid greater harm
    - never deadly force
  9. Mistake or ignorance of fact
    - relevant only if D lacked state of mind for crime
    - reasonableness
    - - specific intent - mistake need not be reasonable
    - - any other state of mind - must have been reas
  10. Mistake or ignorance of law - no defense, except:
    - crime statute not published/available prior to conduct
    - there was reas reliance on statute or judicial decision
    - in some jurisdiction, reas reliance of official interpretation or advice
  11. Duress - defense to crime other than homicide
  12. Entrapment
    - criminal design originated with police, and
    - D was not predisposed to commit crime prior to contact w/ govt
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10
Q

Inchoate crimes

A
  1. Attempt
    - intent to commit crime and
    - affirmative act or substantial step in furtherance of the intent to commit crime, beyond mere preparation
    - merges with actual crime
    - defense: legal impossibility
  2. Solicitation
    - request or encourage another to commit a crime with intent the person does commit the crime, regardless whether they agree
    - merges with actual crime
    - defense: solicitor is protected class (minor female + statutory rape)
  3. Conspiracy
    - agreement b/w parties to achieve unlawful objective
    - intent to enter into agreement
    - intent to achieve unlawful objective
    - overt act more than mere preparation in furtherance of conspiracy
    - no merger
    - defense: withdrawal only a defense to crimes committed, not the conspiracy crime
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11
Q

Judicial crimes

A

Perjury: intentionally taking a false oath in regard to a material matter in a judicial proceeding

Subordination of perjury: procuring or inducing another to commit perjury

Bribery: corrupt payment or receipt of anything of value for official action

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