Criminal Law Flashcards
Embezzlement
- Lawful possession of
- personal property of another
- fraudulently converts it for own use/personal benefit
Larceny by Trick
- obtaining possession of another’s property
- using deciet/false stmt
- w/ intent to perm deprive
Robbery
- trespassory taking
- carrying away
- of anothers property
- by force, threat of force, or fear of imminent harm
- w/ intent to perm deprive
Continuing Trespass
- wrongful taking w/o permission;
- no intent to steal at time of taking;
- intent to perm deprive forms after the intial taking
Forgery
- fraudulent making of false doc
- w/ legal significance
- intended for wrongful use
Burglary
- breaking (enlarging)
- entering (any body part)
- into dwelling house of another
- at night
- w/ intent to commit felony therein
felony need not be committed/intent must be present at moment of break in
Larceny
- trespassory taking and carrying away
- of anothers personal property
- with the intent to perm deprive them of it at that moment
Receiving Stole Property
- physical possession of stolen property
- knowledge it was stolen
- intent to keep
False Pretenses
- Obtaining title to another’s personal property
- Using deceit or false stmt
- w/ intent to perm deprive
money; when is it giving possession v giving title
victim expects money back? = possession (lbt)
victim intends to give ownership of money? = title (fp)
general intent
2 elements
impact on jury..
general intent crimes are..
- defendant is **aware they’re acting in the proscribed **manner and
- any attendant circumstances required by crime are present
* Jury may infer intent merely from doing act
- false imprisonment, rape, kidnapping, and battery
M’Naghten Test
- suffered from disease of the mind
- disease caused a defect of reason
- as a result, defendant lacked ability to
- know the wrongfulness of actions or understand nature and quality of his actions
Malice crimes
malice is a
- reckless disregard of an obvious high risk that a particular harmful result would occur
- only malice crimes are common law murder and arson
MPC: purposely
Person acts purposely when
- person had an underlying conscious object to act
MPC: knowingly
Person acts knowingly when
- person is practically certain
- that his conduct will cause a particular result.
MPC: recklessly
Person acts recklessly when
- person consciously disregards
- a substantial and unjustified risk
MPC: negligently
Person acts negligently when
- person ** was not aware** of the risk
- but should have been aware of the risk
specific intent
mental state
- Specific intent requires doing an act with a specific intent or objective
- jury cant infer specific intent from doing act
specific intent crimes
Students Can Always Fake A Laugh Even For Ridiculous Bar Facts
- Solicitation
- Conspiracy
- Attempt
- First Degree murder
- attempt
- larceny
- embezzlement
- forgery
- robbery
- burglary
- false pretenses
MPC Test for insanity is
a combination of M’Naghten and irresistible
irresistible impule test
- defendant unable to control actions
- defendant to conform conduct to law
durham test
crime was product of mental disease or defect
List of defenses
Insanity
Intox
Infancy
Self-Defense
Duress or necessity
Mistake of fact
Consent (rare)
Entrapment (rare)
there is voluntary intoxication defense when defendant
1) is intoxicated as a result of intentionally taking intoxicating substance
and
2) it** prevents defendant from forming** purpose/specific intent
there is a involuntary intoxication defense when defendant
- is intoxicated as a result of taking intoxicating substance without knowledge or under duress
and - defendant is acquitted if they meet jdxs insanity test
A person can assert NDF self-defense when
- person used** nondeadly force**
- person reasonably believes force is about to be used on them
- person has no duty to retreat
A person can assert** DF self-defense **when
- person used deadly force
- person is without fault
- person was confronted by unlawful force; and
- person reasonably believes theyre threatened with imminent death or great bodily harm
Defendant can assert imperfect self defense when
- defendant uses deadly force but 3 requirements not met
- murder may be reduced to voluntary manslaughter
person has NO duty to retreat before using DF in [] jurisdictions
- majority jdx
person has a duty to retreat before using deadly force in [] jurisdictions except when (1) or (2)
minority jdx
except:
* cant be done safely, or
* in ones home
A person can use deadly force to protect others when
- only if person reasonably believes
- other is threatened with death or great bodily harm
A person can use non deadly force to protect others when
- person reasonably believes
- force is necessary
- to protect other person
A person can use deadly force to protect dwelling when
- person inside** reasonably believes**
- he is threatened, or
- to prevent felony inside
A person can use non deadly force to protect dwelling when
- reaosnably **believes
- force is necessary**
- to prevent or end unlawful entry
Necessity is a defense when
non deadly force is necessary to avoid greater harm
Duress is a defense when
- defendant reasonably believed
- that another would imminently harm him or family member
- if he did not commit the crime
Mistake of fact is a defense when it
and when mistake rsnble or unrsnble?
- negates the defendant’s state of mind
- malice and general intent crimes–mistake must be reasonable
- specific intent cimes–mistake can be reasonable or unreasonable
- strict liability–not a defense
Entrapment is a defense when
- criminal scheme originated with authroties, and
- defendant was not predisposed to commit the crime
Infancy is a defense when
common law vs modern
Common law
- to all crimes when kid under age 7
- to all crimes when under 14 there is a rebuttable presumption
Modern statutes
- under 13 or 14 cant be convicted of an adult crime until age is reached (juvenile ok)
