Criminal Law

Question 1

larceny

Answer 1

(i) the taking (obtaining control or possession) and carrying away (the slightest movement is sufficient); (ii) without consent (against the victim’s free will, which includes duress because duress negates consent); and (iii) with the intent to permanently deprive the owner of the property (the specific intent to dispossess must exist during the taking).

Question 2

embezzlement

Answer 2

the fraudulent conversion of another’s personal property by one in lawful possession of that property at the time of the conversion

Question 3

false pretenses

Answer 3

(i) obtaining title to another’s property (this requires OWNERSHIP not mere possession); (ii) by the use of false statements of past or existing fact; with (iii) the intent to defraud (victim must be deceived by the false statement and pass title to the defendant)

Question 4

robbery

Answer 4

(i) the wrongful taking); (ii) of another’s property from his person or presence; (iii) through force or threat of injury; (iv) with the intent to permanently deprive the person of his property

larceny is a lesser-included crime of robbery; a defendant cannot be convicted of a target crime and a lesser-included crime

Question 5

transactional immunity

Answer 5

transactional immunity completely protects the witness from future prosecution for crimes related to his testimony

Question 6

use and derivative use immunity

Answer 6

use and derivative use immunity is narrow; it prevents the prosecution only from using the witness’s own testimony or any evidence derived from the testimony against the witness

the Supreme Court has held that immunity from the subsequent use of compelled testimony is sufficient to satisfy the privilege against self-incrimination

however, should the prosecutor acquire evidence substantiating the supposed crime, independently of the witness’s testimony, the witness may then be prosecuted for the same