Crimes against others

Question 1

Mitigation

Answer 1

Intentional killing reduced to manslaughter if: 1) provocation = subjectively provoked to lose self-control and had no cooling off period, AND 2) reasonable person would have flipped their shit and had no time to cool off
MITIGATION also if there is good faith mistake (imperfect self-defense)

Question 2

First degree murder elements:

how does felony murder tie in?

Answer 2

premeditated (thought about killing) and deliberate (acted in calm/cool frame of mind “cold blooded”)
Felony-murder: If in commission of BARRK crimes usually enough for first degree

Question 3

Kidnapping:

Answer 3

confinement of another involving either moving them or concealing them

Question 4

Larceny:

Answer 4

the trespassory taking and carrying away of the personal property of another with intent to permanently deprive (crime against possession not ownership)

Question 5

Other kinds of larceny?

Answer 5

larceny by trick (taken with apparent consent of owner BUT b/c of a misrepresentation)

Question 6

embezzlement

Answer 6

the fraudulent conversion of the property of another by one in rightful possession

Question 7

False Pretenses:

Answer 7

The acquisition of TITLE of another person by a false representation with intent to defraud

Question 8

Robbery:

Answer 8

A larceny committed from the victim’s person or presence by force or threat of force of immediate bodily harm

Question 9

Arson

Answer 9

Burning of protected structure of another with malice (intent to burn structure OR knowledge of high likelihood of risk that structure would burn)

Question 10

Burglary

Answer 10

The trespassory breaking and entering of the dwelling of another at nighttime with intent to commit felony therein

Question 11

receipt of stolen property:

Answer 11

receiving possession/control of “stolen” personal property KNOWN to have been obtained illegally by another person with intent to permanently deprive (known at time D receives it)

Question 12

forgery:

Answer 12

making/altering writing with legal significance so that it is false (the whole thing is fake, not just inaccurate)

Question 13

Attempt definition:

Answer 13

More than mere preparation, D must take a substantial step towards commission of crime or come dangerously close to completing intended crime with INTENT to commit crime

Question 14

Conspiracy definition:

Answer 14

Enter into agreement with another for unlawful objective and an overt act is performed in furtherance of crime

Question 15

Accomplice liability: Principal vs. Accomplice vs. Accessory after the fact. Liability?

Answer 15

Principal: One who with intent to commit crime causes crime to occur
Accomplice: One who, with intent for crime to be committed, aids, counsels or encourages the principal. LIABILITY SAME AS PRINCIPAL for FORESEEABLE RESULTS
Accessory: one who intends to assist principal evade arrest assists/receives after felony committed. (liable for obstructing justice)

Question 16

Co-conspirator liability vs. accomplice

Answer 16

Co-conspirator only liable for crimes committed by conspirator if it was 1) foreseeable and 2) in furtherance of conspiracy
Accomplice: liable for anything FORESEEABLE

Question 17

entrapment

Answer 17

Criminal plan originated with the gov’t and D wasn’t predisposed to commit the crime prior to contact with gov’t

Question 18

Kinds of assault:

Answer 18

There is an attempt to commit a battery, and then there is intent to create a reasonable apprehension in the mind of the victim of imminent bodily harm