Criminal Law Flashcards
Larceny
(1) TRESPASSORY taking/carrying away
(2) TANGIBLE property of another
(3) INTENT to permanent deprive
Embezzlement
(1) Fraudulent conversion
(2) Of property of another
(3) By someone in LAWFUL POSSESSION of it
False Pretenses/Larceny By Trick
(1) TITLE/POSSSESSION
(2) PROPERTY of another
(3) INTENTIONAL or KNOWING false statement of PAST/EXISTING fact
(4) INTENT to defraud
Robbery
(1) TAKING of personal property
(2) FROM person/presence
(3) by FORCE or THREAT of it
(4) INTENT to deprive
Receipt of Stolen Property
(1) D receives possession/control of stolen property
(2) KNOWS it was stolen
(3) INTENT to deprive
Forgery
(1) Making or altering false writing
(2) of LEGAL significance
(3) With INTENT to defraud
Extortion
(1) Obtaining property of value
(2) By oral/written threats
Burglary
(1) Breaking
(2) Entering
(3) Dwelling of another
(4) Nighttime
(5) Intent to commit felony inside
Arson
Malicious burning of the dwelling of another
Criminal Assault
(1) Attempt to commit a battery OR
(2) Intent to create, NOT by words, a reasonable apprehension of imminent bodily harm
Criminal Battery
(1) Unlawful application of direct/indirect force
(2) To Person of another
(3) Resulting in
(4) Bodily injury or offensive touching
Aggravated Battery
Child, Woman, or Police Officer
Mayhem
Dismemberment or disablement of body part
Kidnapping
(1) Confinement of person
(2) Involves Movement OR concealment in SECRET place
Aggravated Kidnapping
Purpose:
(1) Ransom
(2) Commit other crimes
(3) Offfensive (sexual offense)
(4) Child Stealing
Rape
(1) Unlawful carnal knowledge (NO CONSENT - force, threat, cant consent)
(2) Of a woman
(3) By a man not husband
Modern statutes eliminate (3)
Statutory Rape
(1) Carnal knowledge of person UNDER statutory age of consent
(2) Strict Liability - ALL that matters is age, not knowledge or consent
2nd Degree Murder
(1) unlawful killing (NO justification, causation implied)
(2) with malice aforethought
- intent to kill/inflict injury
- reckless indifference
- felony murder
Felony Murder
(1) ANY felony that is independent of the killing
(2) If Co-felon is killed by victim/police
— Maj: NOT felony murder || Min: YES felony murder
CA Felony Murder
ONLY IF:
(1) Attempts, commits, or participates in felony and
(2) DIRECTLY kills, or aids or abets in killing, or
(3) On-duty police officer is killed in course of felony
1st Degree Murder
PREMEDITATION: act committed after BRIEF period of reflection
DELIBERATION: cool & dispassionate
Voluntary Manslaughter
(1) Intentional killing of human
(2) Adequate provocation
– Provocation would arise sudden and intense passion in ord person
– D is provoked subj)
– Insufficient time to cool down (obj)
– D did not cool off (subj)
Involuntary Manslaughter
(1) Criminal Neglignece OR
(2) Killing caused by unlawful act NOT felony
Attempt
(1) INTENT to commit SPECIFIC Crime and
(2) Overt act in furtherance of crime
Solicitation
(1) D urges or commands another person to commit a crime
(2) w/ INTENT that the crime be
committed by that person
Accomplice Liability
(1) D ENCOURAGES or ASSISTS
(2) another person who commits a crime
(3) with the INTENT to PROMOTE or FACILITATE the commission of the cRIME
LIABLE FOR ALL FORESEEABLE ACTS/CRIMES
Conspiracy
(1) An AGREEMENT between 2 or MORE persons to commit a crime;
(2) an INTENT to enter into the agreement
(3) an intent to achieve the objective of the agreement.
Members of conspiracy liable for all acts of
other co-conspirators that are FORESEEABLE and “in furtherance” of
conspiracy - necessary to accomplish goal.
Accessory after the Fact
(1) receives, relieves, comforts or assists another, knowing that he has committed a felony
(2) to help escape arrest, trial, or conviction
Self Defense
May use deadly force if:
(1) WITHOUT fault (did not initiate the assault or provocation);
(2) he is CONFRONTED with unlawful force; and
(3) he REASONABLY believes he is threatened with imminent death or GBH
Maj: No Duty to retreat || Min: Duty to retreat IF can be done in safety
Imperfect Self Defense
(1) Unreasonable belief
(2) mitigates to voluntary manslaughter
Defense of Others
Must reasonably believe the other person is
(1) legally entitled to use force and
(2) may ONLY use reasonable force to prevent it.
Necessity
(1) Reasonable belief that
(2) Criminal condcut was NECESSARY to
(3) Avoid greater harm to society
(never death tho)
Duress
(1) Threat
(2) D REASONABLY believes threatens death or GBH
(3) Not a defense to homicide crimes
Mistake of Fact
(1) REASONABLE
(2) Negates Mental State
Intoxication
Voluntary - ONLY a defense to specific intent (attempted, 1st degree)
Involuntary - defense to both general and specific (treat like insanity)
