Crimes Against Property

Question 1

Does the force used during a robbery constitute a battery?

Answer 1

Robbery is larceny from the person or presence of the victim by force or intimidation. The force need not be great, but must be more than the amount necessary to effectuate taking and carrying away the property.
Defendant cannot be convicted of both robbery and battery under the doctrine of merger. Rather, the battery would merge into the more serious crime of robbery.

Question 2

Arson

Answer 2

Under the common law, arson is the malicious burning of the dwelling of another.

Question 3

Larceny by trick

Answer 3

A defendant is guilty of larceny by trick if she obtains possession (but not title-False pretenses) to property owned by another through fraud or deceit, with the intent to permanently deprive the victim of that property, resulting in the conversion of the property.

Question 4

Embezzlement

Answer 4

Embezzlement requires that a defendant have lawful possession of the property of another when forming the intent to defraud

Question 5

Burglary and the lesser offense of larceny

Answer 5

Burglary is the breaking and entering of the dwelling of another at nighttime with the specific intent to commit a felony therein. At the time of the breaking and entering, the defendant must have the specific intent to commit a felony inside the dwelling. A defendant who fails to commit the underlying felony may nevertheless be guilty of burglary as well as attempt to commit the underlying felony (so long as she took a substantial step toward completing the felony). The attempt to commit the intended felony does not merge into the completed crime of burglary and defendant will be guilty of both crimes.

Question 6

Continued trespass

Answer 6

Under the continuing trespass rule, it is possible for a larceny to be committed even if the intent to steal is not formed until after the taking.

Question 7

Robbery

Answer 7

Robbery is larceny from the person or presence of the victim by force or intimidation. Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the person of the property.

Question 8

Can one conspirator take the wrap for all?

Answer 8

At common law, a conspirator cannot be convicted of conspiracy if all other conspirators are acquitted at the same trial, because there must be more than one conspirator to have a conspiracy

Question 9

Pinkerton Rule

Answer 9

The “Pinkerton Rule” says that every co-conspirator is guilty of any foreseeable substantive offense committed in furtherance of the conspiracy, regardless of actual knowledge of its commission.

Question 10

False pretenses

Answer 10

False pretenses requires obtaining title to the property of another person through the reliance of that person on a known false representation of a material past or present fact, and the representation is made with the intent to defraud.