Criminal Law Flashcards
What are theft crimes?
Theft covers Larceny, embezzlement, false pretenses, stolen goods at CL; MPC is all of those and covers theft of services such as work being done for you and intangible property like trade secrets.
Can you be charged with burglary if you were invited to the house?
Breaking and entering can occur after invited to dwelling if you enter part of dwelling with no permission (open door).
What are rules for abandonment with attempt?
Abandonment if voluntarily turn away before completing unless: to avoid detection, delay for more favorable time, choice of different victim.
What is SOL when someone dies?
Statute of limitation for crime starts once all elements of the crime have occurred. So the SOL for homicide can’t begin until that person actually dies.
Can a judge declare a mistrial for any reason?
No, mistrials need a manifest necessity, can’t be for no reason.
Mistake of fact
Mistake of fact is a defense to specific intent crimes when the defendant’s honest but mistaken belief negates the requisite intent–even if belief is unreasonable.
Larceny by trick vs False pretenses
Larceny by trick = false statement to get possession. (just walking around to try shoes on in store but then run away).
False pretense = fraudulent statement/false statement to get title. For false pretense, there must be a specific intent to defraud and obtain title to the property of another. (getting legal possession of something at store via layaway but don’t pay.)
Can conspiracy exist if the co-conspirators don’t know each other?
Conspiracy can exist among individuals who do not know each other if there is a community of interest in achieving the same conspiracy. Community of interest is usually established through a chain of relationship.
Does an arrest warrant allow an officer to enter a home?
Arrest warrant allows you to enter the persons house. If there’s an accomplice, you can conduct a protective sweep. Anything that is plain view may be seized without a warrant.
In felony murder, does an attempt of that felony count?
Yes.
Majority vs Minority for responsibility of deaths during felony?
Majority: you are only responsible for the murders that your co felon commits not others.
Minority: you are responsible for all deaths.
Subsequent deaths are not felony murder.
When does double jeopardy attach?
Double jeopardy only attaches when a jury has been impaneled or a judge has begun to hear evidence, not at hearings or grand juries.
What happens if someone is trying to rob but the person being robbed is not in fear?
If the person isn’t afraid of the threat, then it can only be attempted.
M’naghten Test
Cannot appreciate nature and quality of actions; can’t understand what you’re doing is wrong
MPC: defendant lacked substantial capacity to appreciate criminal conduct
